2006-HJ-08-09-071.htm

No. 71

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Wednesday, August 9, 2006.

10:00 a.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 Elsenheimer--present Law, Kathleen--present Robertson--present

Acciavatti--present Emmons--present Leland--present Rocca--present

Adamini--absent Espinoza--present Lemmons, III--excused Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--present Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--present

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--excused Smith, Alma--present

Bennett--present Gleason--present McDowell--present Smith, Virgil--present

Bieda--present Gonzales--present Meisner--present Spade--present

Booher--present Gosselin--present Meyer--present Stahl--present

Brandenburg--present Green--present Miller--present Stakoe--present

Brown--present Hansen--present Moolenaar--present Steil--present

Byrnes--present Hildenbrand--present Moore--present Stewart--present

Byrum--present Hood--present Mortimer--present Taub--present

Casperson--present Hoogendyk--present Murphy--present Tobocman--present

Caswell--present Hopgood--present Newell--present Vagnozzi--present

Caul--present Huizenga--present Nitz--present Van Regenmorter--present

Cheeks--excused Hummel--present Nofs--present Vander Veen--excused

Clack--present Hune--present Palmer--present Walker--present

Clemente--present Hunter--present Palsrok--present Ward--present

Condino--present Jones--present Pastor--present Waters--present

Cushingberry--excused Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--present Williams--present

Dillon--present Kooiman--present Plakas--excused Wojno--present

Donigan--present LaJoy--present Polidori--present Zelenko--present

Drolet--present Law, David--present Proos--present

e/d/s = entered during session

Rep. Fulton J. Sheen, from the 88th District, offered the following invocation:

"Lord we are all here today, because it is Your will for us to be so, nothing escapes Your eye. There is no individual too insignificant, no problem that is too big, no detail too small; there is nothing that escapes Your care and attention. For it says in Your Word, '... not even a sparrow falls to the ground apart from Your will.' (Matt10:29-30).

Lord let us not sit in these chambers and arrogantly think that we put ourselves here, or that we are any more important or significant than the people we represent. Let us understand that we have been sent here by our districts to represent them not ourselves. That each elected or appointed position we hold is not ours, because this is not about us, or at least it should not be. Let us understand that we are stewarding the affairs of the people for a short time, and I pray that You would make us good and faithful stewards.

The problems before our state are grave and large. We pray, O Lord, that You would have mercy on us, that You would grant us the revelation, wisdom, and the discernment we need to make the difficult and necessary decisions and changes that must be made. Let us not be fearful, let us not be petty, let us not play politics. Instead, help us to do what is truly best for the people of Michigan. Reveal to us the proper balance of taxation, regulation, and business structures that will allow Michigan to compete in the national and world market place.

At the Constitutional Convention in 1787, Benjamin Franklin prayed,

I have lived Sirs a long time, and the longer I live the more convincing proofs I see of this truth that God governs in the affairs of men. And if a sparrow cannot fall to the ground without His notice, is it probable that an empire can rise without His aid?

We have been assured Sirs, in the sacred Writings, that except the Lord build this House, they labor in vain that build it. I firmly believe this, and without His concurring aid, we should succeed at this political building no better than the Builders of Babel: We shall be a House divided by our partial local interests; our projects will be confounded, and we ourselves shall become a reproach and a bye word down to future ages.

Lord, let this not be the epitaph of this legislature. Please have mercy on our state and each of us in this chamber, as well as in the Senate chamber. And with civility, dignity, and integrity let us work together to formulate, craft, and enact the solutions and systems, which will produce the jobs and provide for every family and resident in this state.

Let us not make the mistake of trying to this in our own strength or flesh, but let us instead humbly beseech Your assistance and guidance in the task before us. I pray this in Jesus name. Amen."

______

The Speaker assumed the Chair.

Rep. Sak moved that Reps. Cheeks, Cushingberry, Lemmons, III, McConico and Plakas be excused from today's session.

The motion prevailed.

Rep. Palmer moved that Rep. Vander Veen be excused from today's session.

The motion prevailed.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 296.

A resolution offered as a memorial for the Honorable Stephen P. Dresch.

Whereas, It is with the utmost sorrow that the members of the Michigan House of Representatives mourn the passing of Stephen P. Dresch, a former member of the House, and an individual known for his strength of character and selfless concern for the well-being of others. Indeed, as a champion of individual liberties, property rights, and social justice, Stephen Dresch exemplified the independent spirit and the stalwart soul of the Upper Peninsula. He will be deeply missed; and

Whereas, Stephen Dresch was born in East St. Louis, Illinois, graduated from Miami University in Ohio, and received his Ph.D in economics from Yale. He engaged in research and lecturing in economics in a number of exotic locales, including Austria and the former Soviet Union, and went on to become the dean of business and economics at Michigan Technological University where he gained fame as a fighter against corruption and injustice; and

Whereas, Elected to the House of Representatives in 1990, Stephen Dresch served the institution of the House as a member of the Civil Rights, Constitution and Women's Issues Committee; the Committee on Marine Affairs and Port Development; the Committee on Transportation; and the Social Services and Youth Committee. In these, and in all of his work on behalf of the people of Michigan, he served with the utmost distinction and honor. There could be no finer testimony to his true spirit of public service and genuine warmth of heart; now, therefore, be it

Resolved by the House of Representatives, That a unanimous accolade of tribute be extended to honor the memory of Stephen P. Dresch; and be it further

Resolved, That copies of this resolution be transmitted to his wife, Linda; their children Soren, Stephanie, Phaedra, and Karl; and their four grandchildren as evidence of our deepest condolences.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Reps. Sak, Ball, Bennett, Bieda, Brown, Byrum, Casperson, Clack, Condino, Espinoza, Farrah, Gillard, Gleason, Gonzales, Hopgood, Kolb, Kooiman, Kathleen Law, Lemmons, Jr., Lipsey, McDowell, Pearce, Polidori, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi, Waters and Wojno offered the following resolution:

House Resolution No. 297.

A resolution recognizing the 50th anniversary of the Michigan Interstate Highway System.

Whereas, We are proud to honor and recognize the Michigan Interstate Highway System on celebrating their 50thanniversary on Thursday, June 29, 2006; and

Whereas, Fifty years ago, President Eisenhower signed into law the Federal-Aid Highway Act calling for the construction of our nation's interstate system. The goal was to improve safety, reduce travel times, and improve the nation's economic productivity; and

Whereas, Serving as the most critical transportation link in the state's economy, Michigan's Interstate highways have significantly improved the lives of the state's residents and visitors. In Michigan, the Interstate allows for high levels of mobility by greatly reducing travel times and providing a significantly higher level of traffic safety than other routes; and

Whereas, Since 1956, over 1,200 miles of the nation's interstate were built across Michigan with four major interstates and several interstate business loops; and

Whereas, The interstate has a significant impact on Michigan's economy, saving motorists $13.3 billion per year in time and motor fuel alone; and

Whereas, Michigan's Interstate system, which makes up two percent of all roadway lane miles in the state, carries 22 percent of all vehicle travel in the state; and

Whereas, Travel on Michigan's Interstate highways is approximately three times safer than travel on all other roadways in the state. Michigan's Interstates provide travelers with a network of highways with a variety of safety designs that greatly reduce the likelihood of serious accidents; and

Whereas, The Interstate system is the backbone of the Michigan economy and has played a critical role in improving business productivity in the state. Improvements in the highway system have allowed businesses to adopt more efficient logistics practices, which reduce costs for producers and consumers; now, therefore be it

Resolved by the House of Representatives, That the members of this legislative body recognize the 50th anniversary of the Michigan Interstate Highway System on Thursday, June 29, 2006.

Pending the reference of the resolution to a committee,

Rep. Ward moved that Rule 77 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. McDowell, Espinoza, Byrum, Dillon, Lipsey, Tobocman, Zelenko, Condino, Angerer, Adamini, Brown, Sheltrown, Kolb, Gillard, Accavitti, Ball, Bennett, Bieda, Casperson, Clack, Clemente, Farrah, Gleason, Gonzales, Hopgood, Kathleen Law, Lemmons, Jr., Meisner, Polidori, Sak, Alma Smith, Spade, Vagnozzi, Waters and Wojno offered the following resolution:

House Resolution No. 298.

A resolution to request that the President of the United States and the United States Department of State ask the International Joint Commission to investigate sewage discharges in the St. Mary's River near Sugar Island.

Whereas, The Great Lakes and their connecting waters are a shared resource between the United States and Canada. Activities on either side of the border can affect water quality and the quality of life on the other side of the border; and

Whereas, The United States and Canada signed the Great Lakes Water Quality Agreement that acknowledges their joint responsibility to restore and enhance water quality in the Great Lakes basin; and

Whereas, The United States is making significant investments into the restoration of the St. Mary's River, as most recently demonstrated by the commitment of $8 million in federal, state, and private funds to clean up contaminated sediment in the river; and

Whereas, Raw sewage discharges into the St. Mary's River are a threat to public health. Current and past discharges, apparently originating in Canada, have fouled the waters around Sugar Island, closing the area to swimming, putting Michigan citizens' health at risk, and potentially hurting tourism. Of particular concern, these discharges are not necessarily related to high flows associated with storm water but also occur during dry weather; and

Whereas, The state of Michigan cannot enforce corrective actions on Canadian facilities that may contaminate Michigan's waters but may bear the brunt of cleaning up the problems that they create. Michigan and Chippewa County taxpayers should not bear the cost of cleanup for sewage overflows originating in Canada that foul Michigan's waters; and

Whereas, Pursuant to Article IX of the Boundary Waters Treaty of 1909, the International Joint Commission is responsible for examining and reporting on matters of difference involving water quality along the common water borders between the United States and Canada referred by the governments of the United States or Canada; now, therefore, be it

Resolved by the House of Representatives, That we request the United States Department of State to submit a letter of reference asking the International Joint Commission to examine, report, and make recommendations as it deems appropriate on sewage discharges into the St. Mary's River near Sugar Island. In particular, the International Joint Commission should identify the problem source as well as make recommendations on preventing future discharges and on responsibility for paying cleanup costs; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States and the Secretary of State.

The resolution was referred to the Committee on Government Operations.

Reps. McDowell, Espinoza, Byrum, Dillon, Tobocman, Lipsey, Zelenko, Condino, Angerer, Adamini, Brown, Sheltrown, Kolb, Gillard, Accavitti, Ball, Bennett, Bieda, Casperson, Clack, Clemente, Farrah, Gleason, Gonzales, Hopgood, Kathleen Law, Lemmons, Jr., Meisner, Polidori, Sak, Alma Smith, Spade, Vagnozzi, Waters and Wojno offered the following concurrent resolution:

House Concurrent Resolution No. 38.

A concurrent resolution to request that the President of the United States and the United States Department of State ask the International Joint Commission to investigate sewage discharges in the St. Mary's River near Sugar Island.

Whereas, The United States and Canada signed the Great Lakes Water Quality Agreement that acknowledges their joint responsibility to restore and enhance water quality in the Great Lakes basin; and

Resolved by the House of Representatives (the Senate concurring), That we request the United States Department of State to submit a letter of reference asking the International Joint Commission to examine, report, and make recommendations as it deems appropriate on sewage discharges into the St. Mary's River near Sugar Island. In particular, the International Joint Commission should identify the problem source as well as make recommendations on preventing future discharges and on responsibility for paying cleanup costs; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States and the Secretary of State.

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

Messages from the Governor

The following message from the Governor was received July 26, 2006 and read:

EXECUTIVE ORDER

No. 2006 17

DECLARATION OF A STATE OF EMERGENCY

OSCODA COUNTY

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.402, the Governor is responsible for coping with dangers to this state or the people of this state presented by a disaster or emergency and may issue executive orders, proclamations, and directives having the force and effect of law to implement the Act;

WHEREAS, under Section 3 of the Emergency Management Act, 1976 PA 390, MCL 30.403, the Governor shall, by executive order or proclamation, declare a state of emergency if the Governor finds that an emergency has occurred or that the threat of an emergency exists;

WHEREAS, on July 17, 2006, a series of severe thunderstorms passed through Oscoda County, Michigan, dropping between three and five inches of rain in two hours;

WHEREAS, the excessive rainfall seriously damaged three primary county roads located within the townships of Elmer and Big Creek, requiring that they be closed to traffic;

WHEREAS, Oscoda County lacks the financial resources to rapidly repair and re-open the roads so that emergency vehicles can have ready access to the affected areas;

WHEREAS, state assistance is needed to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in Oscoda County;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order:

1. A State of Emergency is declared in Oscoda County.

2. Consistent with the Michigan Emergency Plan, the Director of the Department of State Police, or his or her designee within the Department of State Police, shall coordinate and maximize all state efforts to assist political subdivisions and officials in Oscoda County and may call upon all state departments and agencies to utilize available resources, including, but not limited to, supplies, equipment, materials, or facilities, to assist with response to the State of Emergency.

3. The State of Emergency is terminated at such time as emergency conditions no longer exist and appropriate programs have been implemented to recover from the effects of the emergency conditions, but in no case longer than August 25, 2006.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 28th day of July, in the year of our Lord, two thousand and six.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

Communications from State Officers

The following communication from the Michigan Strategic Fund was received and read:

July 26, 2006

Consistent with the requirements of Section 88(c)(5) of the Michigan Strategic Fund Act, MCL 125.2088(c)(5), I am writing to provide notice that the Michigan Strategic Fund Board of Directors (the "MSF Board") intends to adopt a resolution (the "Proposed Resolution") on August 23, 2006, establishing parameters for a 21st Century investment program. As you will note, the Proposed Resolution involves the approval of an investment strategy for 21st Century investments covering private equity investment, mezzanine investment and venture capital investment programs. Prior to the adoption of this investment strategy, the Michigan Strategic Fund will conduct a public hearing to provide interested persons an opportunity to express any data, views or arguments regarding the Proposed Resolution. This hearing is scheduled for August 9, 2006 beginning at 9:00 a.m., and will be held in the Lake Michigan Conference Room of the Michigan Economic Development Corporation, located at 300 North Washington Square, Lansing, Michigan 48913.

Copies of the Notice of Public Hearing, the Proposed Resolution, and a draft investment strategy are attached for your review.

Sincerely,

James C. Epolito, President and Chair

Michigan Strategic Fund

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

July 28, 2006

Enclosed is a copy of the following audit report and/or report summary:

Performance audit of Ojibway Correctional Facility,

Department of Corrections

July 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.

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

July 5, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:16 P.M. this date, administrative rule (06-07-02) for the Department of Labor and Economic Growth, Director's Office "Michigan Child Protection Registry" These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 5, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:18 P.M. this date, administrative rule (06-07-03) for the Department of Community Health, Bureau of Health Systems-Licensing and Certification Division "Licensing of Substance use Disorder Programs" These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 5, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:20 P.M. this date, administrative rule (06-07-04) for the Department of Community Health, Mental Health and Substance Abuse Administration "Methadone Treatment and Other Chemotherapy" These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 5, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:24 P.M. this date, administrative rule (06-07-06) for the Department of Community Health, Mental Health and Substance Abuse Administration "Prevention" These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 34, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 5, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:26 P.M. this date, administrative rule (06-07-07) for the Department of Community Health, Mental Health and Substance Abuse Administration "Casefindings" These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 34, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 6, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:42 P.M. this date, administrative rule (06-07-08) for the Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules "Administrative Hearings for the Suspension and Revocation of Michigan Teaching Certificates" These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 34, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 6, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:44 P.M. this date, administrative rule (06-07-09) for the Department of Education, Superintendent of Public Instruction "Endorsement of Teachers as Counselors" These rules take effect immediately after filing with the Secretary of State unless adopted under sections 33, 34, 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 6, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:46 P.M. this date, administrative rule (06-07-10) for the Department of Education, Superintendent of Public Instruction "School Psychologist Certificate" These rules take effect immediately after filing with the Secretary of State unless adopted under sections 33, 34, 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 6, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:50 P.M. this date, administrative rule (06-07-12) for the Department of Agriculture, Agriculture Development Division "Julian-Stille Value-Added Agricultural Development Fund" These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 10, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:37 P.M. this date, administrative rule (06-07-13) for the Department of Labor and Economic Growth, Director's Office "Payment of Wages & Fringe Benefits" These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

July 31, 2006

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Announcements by the Clerk

August 7, 2006

Received from the Wayne County Airport Authority Board the 2006 report of the Economic Impact of the Detroit Metropolitan Wayne County Airport.

Gary L. Randall

Clerk of the House