2007-HJ-04-26-040.htm

No. 40

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Thursday, April 26, 2007.

12:00 Noon.

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--excused 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--excused

Calley--present Hammon--present Melton--present Spade--present

Casperson--present Hansen--present Meltzer--present Stahl--excused

Caswell--present Hildenbrand--present Miller--present Stakoe--present

Caul--present Hood--present Moolenaar--present Steil--excused

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--present 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--excused Knollenberg--present

e/d/s = entered during session

Rep. Ted Hammon, from the 50th District, offered the following invocation:

"'I delight to do Thy will; my Lord; Thy law is within my heart'..........Psalm 40, verse 8.

Our most gracious and heavenly Father;

We know there was a time when the world was full of sin, and was as black, as could possibly be.

Then You brought Your Son forth, Jesus, to be born of a virgin.

And He dwelt among men; in living He loved us all.

In dying He saved us all.

And when He was buried, He carried our sins far, far away.

And in rising He justified freely forever.

That one day He was coming again.

What a magnificent, glorious day that will be.

And we all say Amen."

______

Rep. Booher moved that Reps. Acciavatti, DeRoche, Stahl and Steil be excused from today's session.

The motion prevailed.

Rep. Angerer moved that Rep. Virgil Smith be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 50.

A resolution to memorialize the United States Congress to reauthorize the State Children's Health Insurance Program (SCHIP) for the State of Michigan.

(For text of resolution, see House Journal No. 26, p. 320.)

(The resolution was reported by the Committee on Health Policy on March 29, consideration of which, under the rules, was postponed until April 5.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 6.

A concurrent resolution to memorialize the United States Congress to reauthorize the State Children's Health Insurance Program (SCHIP) for the State of Michigan.

(For text of concurrent resolution, see House Journal No. 26, p. 321.)

(The concurrent resolution was reported by the Committee on Health Policy on March 29, consideration of which, under the rules, was postponed until April 5.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

House Bill No. 4481, entitled

A bill to establish the foster care independence program; to provide certain services for certain youth in foster care due to child abuse or child neglect; and to prescribe the duties of certain state departments.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families and Children's Services,

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

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

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

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

______

Rep. Angerer moved that Reps. Dillon and Tobocman be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4481, entitled

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

Roll Call No. 122 Yeas--103

Accavitti Donigan Knollenberg Pastor

Agema Ebli Lahti Pavlov

Amos Elsenheimer LaJoy Pearce

Angerer Emmons Law, David Polidori

Ball Espinoza Law, Kathleen Proos

Bauer Farrah LeBlanc Robertson

Bennett Gaffney Leland Rocca

Bieda Garfield Lemmons Sak

Booher Gillard Lindberg Schuitmaker

Brandenburg Gonzales Marleau Scott

Brown Green Mayes Shaffer

Byrnes Griffin McDowell Sheen

Byrum Hammel Meadows Sheltrown

Calley Hammon Meekhof Simpson

Casperson Hansen Meisner Smith, Alma

Caswell Hildenbrand Melton Spade

Caul Hood Meltzer Stakoe

Cheeks Hoogendyk Miller Vagnozzi

Clack Hopgood Moolenaar Valentine

Clemente Horn Moore Walker

Condino Huizenga Moss Ward

Constan Hune Nitz Warren

Corriveau Jackson Nofs Wenke

Coulouris Johnson Opsommer Wojno

Cushingberry Jones, Rick Palmer Young

Dean Jones, Robert Palsrok

Nays--0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Angerer 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

Messages from the Senate

The Speaker laid before the House

House Bill No. 4143, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections80114, 80122, 80124, 80144, 80145, 80146, 80149, 80151, 80152, 80155, 80169, 80180, 80198b, 80205, and 80209 (MCL 324.80114, 324.80122, 324.80124, 324.80144, 324.80145, 324.80146, 324.80149, 324.80151, 324.80152, 324.80155, 324.80169, 324.80180, 324.80198b, 324.80205, and 324.80209), sections 80114, 80122, 80124, 80144, 80145, 80146, 80149, 80151, 80155, 80169, and 80198b as added by 1995 PA 58, section 80152 as amended by 1999 PA 19, section 80180 as amended by 1996 PA 174, section 80205 as amended by 2004 PA 27, and section 80209 as added by 2000 PA 229.

(The bill was received from the Senate on April 24, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 25, see House Journal No. 38, p. 537.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Bieda moved to amend the Senate substitute (S-1) as follows:

1. Amend page 12, line 21, after "(3)" by striking out "EXCEPT AS PROVIDED IN SUBSECTION (4),".

2. Amend page 12, line 24, by striking out all of subsection (4).

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 123 Yeas--103

Accavitti Donigan Knollenberg Pastor

Agema Ebli Lahti Pavlov

Amos Elsenheimer LaJoy Pearce

Angerer Emmons Law, David Polidori

Ball Espinoza Law, Kathleen Proos

Bauer Farrah LeBlanc Robertson

Bennett Gaffney Leland Rocca

Bieda Garfield Lemmons Sak

Booher Gillard Lindberg Schuitmaker

Brandenburg Gonzales Marleau Scott

Brown Green Mayes Shaffer

Byrnes Griffin McDowell Sheen

Byrum Hammel Meadows Sheltrown

Calley Hammon Meekhof Simpson

Casperson Hansen Meisner Smith, Alma

Caswell Hildenbrand Melton Spade

Caul Hood Meltzer Stakoe

Cheeks Hoogendyk Miller Vagnozzi

Clack Hopgood Moolenaar Valentine

Clemente Horn Moore Walker

Condino Huizenga Moss Ward

Constan Hune Nitz Warren

Corriveau Jackson Nofs Wenke

Coulouris Johnson Opsommer Wojno

Cushingberry Jones, Rick Palmer Young

Dean Jones, Robert Palsrok

Nays--0

In The Chair: Sak

The House agreed to the title as amended.

______

Rep. Angerer moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved that when the House adjourns today it stand adjourned until Tuesday, May 1, at 1:30 p.m.

The motion prevailed.

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 Thursday, April 26:

House Bill Nos. 4660 4661 4662 4663 4664 4665 4666 4667 4668 4669 4670 4671 4672

Senate Bill Nos. 433 434 435 436 437 438 439 440 441 442 443 444 445 446

447 448

The Clerk announced that the following Senate bill had been received on Thursday, April 26:

Senate Bill No. 194

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 25, 2007

Present: Reps. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 26, 2007

Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Pastor, Palmer, Wenke and Calley

Absent: Rep. Steil

Excused: Rep. Steil

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 26, 2007

Present: Reps. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Wojno, Gaffney, Hune, Green, Ball and Calley

Absent: Reps. Ward and Marleau

Excused: Reps. Ward and Marleau

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 26, 2007

Present: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Ebli, Mayes, Miller, Young, LaJoy, Casperson, Nitz, Pavlov, Pearce and Knollenberg

Absent: Reps. Leland and Stahl

Excused: Reps. Leland and Stahl

Messages from the Senate

Senate Bill No. 194, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311g (MCL 380.1311g), as amended by 2005 PA 28.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 8.

A concurrent resolution to urge the President of the United States, the United States Congress, and the United States Department of Energy to restore funding for the Weatherization Assistance Program in Fiscal Year 2008 and to consider increasing future funding for this important federal program.

Whereas, The Federal Weatherization Assistance Program (WAP), created in 1976 during the nation's oil crisis and administered by the United States Department of Energy (DOE), provides funding to states to operate programs that pay for weatherization improvements for low-income homes. Weatherization refers to a wide variety of measures and technologies, such as weather stripping, caulking, insulation, and energy efficient appliances that reduce a building's energy consumption. The WAP is the country's longest running, and perhaps most successful energy efficiency program. During the last 30 years, the WAP has provided weatherization services to more than 5.5 million low-income families; and

Whereas, The WAP is a proven and effective program that helps not only low-income households but the nation as a whole. The WAP empowers low-income families by enabling them to reduce energy costs and take responsibility for their energy bills. Weatherization reduces heating bills by an average of 31 percent. Low-income families receiving WAP retrofits commonly save about $200 to $300 each year in energy costs. In addition to the direct benefits that low-income families receive, a recent study by Oak Ridge National Laboratory (ORNL) documents a multitude of indirect benefits to local economies, the nation's energy security, and the environment. These benefits include job creation, increased property values, reduced national energy consumption, and a reduction in carbon dioxide emissions by an average of one ton per weatherized house. The ORNL study concludes that for each dollar of investment in the WAP program, the nation receives $3.71 worth of benefits. Surely, no other program receives such bang for its buck; and

Whereas, The effectiveness of the WAP program is threatened by recent DOE funding decisions. The DOE recently cut the Fiscal Year 2007 budget for the WAP by about 16 percent or about $38 million less than it was a year ago. Local communities and state weatherization directors throughout the nation were dismayed by this decision; and

Whereas, Under the Fiscal Year 2007 budget, Michigan is receiving almost $2 million less then it did a year ago and itcould not have come at a worse time. The state is suffering through disturbingly high unemployment rates and a weakened economy and is in the midst of its most devastating and prolonged economic downturn since the Great Depression. Losing about $1.9 million in WAP funds and the associated job stimulus that WAP generally provides is a hard pill for the state to swallow; and

Whereas, As the Fiscal Year 2008 federal budget is hammered out, the WAP program should be recognized and celebrated for its immense effectiveness rather than having its budget slashed. Clearly, it is fiscally wise to invest in the energy saving WAP program; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the President of the United States, the United States Congress, and the United States Department of Energy to restore funding for the Weatherization Assistance Program in Fiscal Year 2008 and to consider increasing future funding for this important federal program; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Secretary of the United States Department of Energy.

The Senate has adopted the concurrent resolution.

Reps. Ball, Bieda, Booher, Brandenburg, Byrnes, Caul, Cheeks, Clack, Constan, Cushingberry, Dean, Espinoza, Farrah, Garfield, Gonzales, Hammel, Hammon, Hansen, Hopgood, Rick Jones, LaJoy, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, Mayes, Meadows, Meekhof, Miller, Palsrok, Pastor, Pearce, Polidori, Proos, Rocca, Sak, Scott, Shaffer, Alma Smith, Spade and Tobocman were named co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Energy and Technology.

Introduction of Bills

Reps. Byrnes, Mayes, Coulouris, Dean, Polidori, Gonzales and Hopgood introduced

House Bill No. 4673, entitled

A bill to amend 1961 PA 39, entitled "An act to regulate insurance, bankruptcy, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's removal and closing out sales, and sales of goods, wares and merchandise damaged by fire, smoke, water or otherwise; to provide penalties for the violation hereof; and to repeal certain acts and parts of acts," by amending section 6 (MCL 442.216).

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

Reps. Rocca, Wenke, Accavitti, Wojno, Gaffney, Espinoza, Meisner, Polidori, Clemente and Warren introduced

House Bill No. 4674, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section2111b.