No. 65
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Tuesday, June 26, 2007.
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 Dillon--present Lahti--present Pearce--present
Acciavatti--present Donigan--present LaJoy--present Polidori--present
Agema--present Ebli--present Law, David--present Proos--present
Amos--excused 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--present Ward--present
Corriveau--present Jackson--present Palmer--present Warren--present
Coulouris--present Johnson--present Palsrok--present Wenke--excused
Cushingberry--present Jones, Rick--present Pastor--present Wojno--present
Dean--present Jones, Robert--present Pavlov--present Young--present
DeRoche--present Knollenberg--present
e/d/s = entered during session
Rep. John Moolenaar, from the 98th District, offered the following invocation:
"Lord, thank You for the opportunity to meet together in this beautiful state of Michigan. As legislators, we humbly ask for Your guidance and discernment in setting policies that affect Your people. Help us as individuals to love You with all our heart, soul, strength and mind and to love our neighbors as ourselves. Please forgive us when we fall short. I pray in the name of Jesus. Amen."
______
Rep. Booher moved that Reps. Amos and Wenke be excused from today's session.
The motion prevailed.
______
Rep. Tobocman moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Hansen moved that Reps. Nitz, DeRoche and Pavlov be excused temporarily from today's session.
The motion prevailed.
Rep. Tobocman moved that Rep. Cushingberry be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
Senate Bill No. 94, entitled
A bill to provide for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to repeal acts and parts of acts.
(The bill was received from the Senate on June 19, with substitute (S-9) to the House substitute (H-3), consideration of which, under the rules, was postponed until June 20, see House Journal No. 62, p. 954.)
The question being on concurring in the substitute (S-9) to the House substitute (H-3) made to the bill by the Senate,
The substitute (S-9) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 225 Yeas--0
Nays--104
Accavitti Donigan Knollenberg Pearce
Acciavatti Ebli Lahti Polidori
Agema Elsenheimer LaJoy Proos
Angerer Emmons Law, David Robertson
Ball Espinoza Law, Kathleen Rocca
Bauer Farrah LeBlanc Sak
Bennett Gaffney Leland Schuitmaker
Bieda Garfield Lemmons Scott
Booher Gillard Lindberg Shaffer
Brandenburg Gonzales Marleau Sheen
Brown Green Mayes Sheltrown
Byrnes Griffin McDowell Simpson
Byrum Hammel Meadows Smith, Alma
Calley Hammon Meekhof Smith, Virgil
Casperson Hansen Meisner Spade
Caswell Hildenbrand Melton Stahl
Caul Hood Meltzer Stakoe
Cheeks Hoogendyk Miller Steil
Clack Hopgood Moolenaar Tobocman
Clemente Horn Moore Vagnozzi
Condino Huizenga Moss Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Dean Jones, Rick Palsrok Wojno
Dillon Jones, Robert Pastor Young
In The Chair: Sak
The Speaker laid before the House
House Bill No. 4177, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2118 and 2120 (MCL 500.2118 and 500.2120), section 2118 as amended by 2002 PA 492 and section 2120 as amended by 1984 PA 350, and by adding section 2116a.
(The bill was received from the Senate on June 20, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 21, see House Journal No. 63, p. 972.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 226 Yeas--106
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Agema Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nofs Valentine
Constan Hune Opsommer Walker
Corriveau Jackson Palmer Ward
Coulouris Johnson Palsrok Warren
Dean Jones, Rick Pastor Wojno
DeRoche Jones, Robert Pavlov Young
Dillon Knollenberg
Nays--0
In The Chair: Sak
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4851, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending section 4 (MCL 390.1154), as amended by 1989 PA 127.
(The bill was received from the Senate on June 21, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 64, p. 986.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 227 Yeas--97
Accavitti Dillon Lahti Proos
Acciavatti Donigan LaJoy Robertson
Angerer Ebli Law, David Rocca
Ball Elsenheimer Law, Kathleen Sak
Bauer Emmons LeBlanc Schuitmaker
Bennett Espinoza Leland Scott
Bieda Farrah Lemmons Shaffer
Booher Gaffney Lindberg Sheen
Brandenburg Gillard Marleau Sheltrown
Brown Gonzales Mayes Simpson
Byrnes Griffin McDowell Smith, Alma
Byrum Hammel Meadows Smith, Virgil
Calley Hammon Meisner Spade
Casperson Hansen Melton Stahl
Caswell Hildenbrand Miller Stakoe
Caul Hood Moolenaar Steil
Cheeks Hopgood Moore Tobocman
Clack Horn Moss Vagnozzi
Clemente Huizenga Nofs Valentine
Condino Jackson Opsommer Walker
Constan Johnson Palsrok Ward
Corriveau Jones, Rick Pastor Warren
Coulouris Jones, Robert Pearce Wojno
Dean Knollenberg Polidori Young
DeRoche
Nays--9
Agema Hoogendyk Meekhof Palmer
Garfield Hune Meltzer Pavlov
Green
In The Chair: Sak
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 4132, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54B.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Health Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Gaffney moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4132, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54B.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 228 Yeas--107
Accavitti Dillon Knollenberg Pearce
Acciavatti Donigan Lahti Polidori
Agema Ebli LaJoy Proos
Angerer Elsenheimer Law, David Robertson
Ball Emmons Law, Kathleen Rocca
Bauer Espinoza LeBlanc Sak
Bennett Farrah Leland Schuitmaker
Bieda Gaffney Lemmons Scott
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nofs Walker
Corriveau Hune Opsommer Ward
Coulouris Jackson Palmer Warren
Cushingberry Johnson Palsrok Wojno
Dean Jones, Rick Pastor Young
DeRoche Jones, Robert Pavlov
Nays--0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4240, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54B.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Coulouris moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4240, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54B.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 229 Yeas--107
Accavitti Dillon Knollenberg Pearce
Acciavatti Donigan Lahti Polidori
Agema Ebli LaJoy Proos
Angerer Elsenheimer Law, David Robertson
Ball Emmons Law, Kathleen Rocca
Bauer Espinoza LeBlanc Sak
Bennett Farrah Leland Schuitmaker
Bieda Gaffney Lemmons Scott
Booher Garfield Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Steil
Clack Hoogendyk Moolenaar Tobocman
Clemente Hopgood Moore Vagnozzi
Condino Horn Moss Valentine
Constan Huizenga Nofs Walker
Corriveau Hune Opsommer Ward
Coulouris Jackson Palmer Warren
Cushingberry Johnson Palsrok Wojno
Dean Jones, Rick Pastor Young
DeRoche Jones, Robert Pavlov
Nays--0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Dean moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54C.
The motion prevailed.
The House agreed to the title as amended.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4399, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5480.
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. Wojno moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4399, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5480.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 230 Yeas--106
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Agema Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Scott
Booher Garfield Marleau Shaffer
Brandenburg Gillard Mayes Sheen
Brown Gonzales McDowell Sheltrown
Byrnes Green Meadows Simpson
Byrum Griffin Meekhof Smith, Alma
Calley Hammel Meisner Smith, Virgil
Casperson Hammon Melton Spade
Caswell Hansen Meltzer Stahl
Caul Hildenbrand Miller Stakoe
Cheeks Hood Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nofs Valentine
Constan Hune Opsommer Walker
Corriveau Jackson Palmer Ward
Coulouris Johnson Palsrok Warren
Cushingberry Jones, Rick Pastor Wojno
Dean Jones, Robert Pavlov Young
DeRoche Knollenberg
Nays--1
Hoogendyk
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Dean moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5485.
The motion prevailed.
The House agreed to the title as amended.
Rep. Dean moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4936, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5474a (MCL 333.5474a), as added by 2004 PA 431.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Health Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Coulouris moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Coulouris moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Dean moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4936, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5474a (MCL 333.5474a), as added by 2004 PA 431.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Dean moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4536, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4537, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 909 (MCL 257.909), as amended by 2000 PA 94, and by adding section 710h.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Corriveau moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4538, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2006 PA 298.
The bill was read a second time.
Rep. Byrum moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4939, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710d (MCL 257.710d), as amended by 1999 PA 29.
The bill was read a second time.
Rep. Ebli 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
Third Reading of Bills
The House returned to the consideration of
House Bill No. 4936, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5474a (MCL 333.5474a), as added by 2004 PA 431.
(The bill was considered earlier today, see today's Journal, p. 998.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 231 Yeas--103
Accavitti Dillon Lahti Polidori
Acciavatti Donigan LaJoy Proos
Angerer Ebli Law, David Robertson
Ball Elsenheimer Law, Kathleen Rocca
Bauer Emmons LeBlanc Sak
Bennett Espinoza Leland Schuitmaker
Bieda Farrah Lemmons Scott
Booher Gaffney Lindberg Shaffer
Brandenburg Gillard Marleau Sheen
Brown Gonzales Mayes Sheltrown
Byrnes Green McDowell Simpson
Byrum Griffin Meadows Smith, Alma
Calley Hammel Meekhof Smith, Virgil
Casperson Hammon Meisner Spade
Caswell Hansen Melton Stahl
Caul Hildenbrand Meltzer Stakoe
Cheeks Hood Miller Steil
Clack Hopgood Moolenaar Tobocman
Clemente Horn Moore Vagnozzi
Condino Huizenga Moss Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wojno
Dean Jones, Robert Pavlov Young
DeRoche Knollenberg Pearce
Nays--4
Agema Garfield Hoogendyk Pastor
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Dean moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 5478 and 5479; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Dean 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. Dean moved that when the House adjourns today it stand adjourned until Wednesday, June 27, at 10:00 a.m.
The motion prevailed.
Reps. Nitz, Accavitti, Ball, Bieda, Booher, Brown, Caswell, Caul, Constan, Dean, Farrah, Garfield, Gillard, Gonzales, Green, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Horn, Huizenga, Rick Jones, Robert Jones, Knollenberg, LaJoy, LeBlanc, Leland, Lemmons, Marleau, Mayes, Meadows, Miller, Pavlov, Pearce, Polidori, Sak, Shaffer, Sheltrown, Alma Smith, Stahl, Steil and Tobocman offered the following resolution:
House Resolution No. 144.
A resolution to recognize June 30-July 7, 2007, as Fun, Safe Swimming Week in the state of Michigan.
Whereas, Michigan is a popular vacation spot with more than 3,000 miles of Great Lakes shoreline, more than 11,000 inland lakes, and abundant streams and waterways; and
Whereas, Swimming is a popular form of summer exercise and recreation among people who want to strengthen their cardiovascular system and get a full body workout, or just cool off; and
Whereas, Summer is a time for families and friends to enjoy get-togethers and parties around pools and other water; and
Whereas, Every summer there are drownings, near-drownings, and diving accidents. We recommend that every family enroll its children in a safe swimming course; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 30-July 7, 2007, as Fun, Safe Swimming Week in the state of Michigan.
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. Kathleen Law, Hopgood, Gonzales, Cushingberry, Miller, Meisner, Hammel, Hammon, Alma Smith, Farrah, Dean, Ball, Brown, Clack, Condino, Constan, Gillard, Robert Jones, Leland, Lemmons, Mayes, Meadows, Polidori and Stahl offered the following resolution:
House Resolution No. 145.
A resolution to memorialize the United States Congress to enact legislation that replaces the outdated Fast Track system so United States trade agreements are developed in a more democratic and inclusive way that protects federalism and state sovereignty.
Whereas, Democratic, accountable governance in Michigan, and specifically, the authority granted to the legislative branch by the Michigan Constitution, is being undermined by the international commercial and trade rules enforced by the World Trade Organization (WTO) and established by the North American Free Trade Agreement (NAFTA) and other free trade agreements. State sovereignty is further threatened by similar provisions in an array of pending trade agreements; and
Whereas, These trade agreements have impacts which extend significantly beyond the bounds of traditional trade matters and instead grant foreign investors and companies rights and privileges that exceed those granted to United Statesbusinesses under Michigan and federal law. These privileges provide advantages in such areas as acquisition of land and facilities, local land use, environmental and public health policies, and the formation of contracts; and
Whereas, The current grant of Fast Track expires in July 2007. Fast Track was established in 1974, when trade agreements were limited to traditional matters such as tariffs and quotas. This system is now woefully outdated and inappropriate given the diverse range of non-trade issues now included in trade agreements that broadly affect federal and state regulatory authority; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to enact legislation that replaces the outdated Fast Track system so United States trade agreements are developed in a more democratic and inclusive way that protects federalism and state sovereignty; 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 Government Operations.
Reps. Mayes, Accavitti, Ball, Bieda, Booher, Brown, Byrum, Caswell, Caul, Condino, Constan, Dean, Farrah, Gillard, Gonzales, Green, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Huizenga, Rick Jones, Robert Jones, LeBlanc, Leland, Lemmons, Meadows, Pearce, Polidori, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Tobocman and Valentine offered the following resolution:
House Resolution No. 146.
A resolution recognizing July 2007 as Professional Pest Management Month in the state of Michigan.
Whereas, Effective pest management in homes, businesses, and public places throughout our state is an important factor in maintaining the health and well-being of all Michiganders; and
Whereas, Pest management professionals help protect Michigan's food supply, homes and the environment from disease and pest-related illnesses by practicing environmentally-friendly pest-control methods; and
Whereas, The Michigan Pest Control Association provides networking and leadership opportunities for Michigan's pest management professionals and is recognized for its efforts to protect our environment as well as to ensure the safe and effective use of pest management materials; and
Whereas, The National Pest Management Association is committed to educating the public about the dangers posed by pests and the damage they can cause through its website, www.pestworld.org; and
Whereas, Pest Management Month offers all Michiganders an opportunity to understand and appreciate the important role that pest management providers play in ensuring the health and well-being of Michiganders; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize July 2007 as Professional Pest Management Month in the state of Michigan, and call this observance to the attention of all of our citizens.
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.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Friday, June 22:
House Bill Nos. 4963 4964 4965 4966 4967 4968 4969 4970 4971 4972 4973 4974 4975 4976 4977
House Joint Resolutions R S T
Senate Bill Nos. 601 602 603 604 605
The Clerk announced that the following Senate bills had been received on Tuesday, June 26:
Senate Bill Nos. 546 547
Reports of Standing Committees
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
Senate Concurrent Resolution No. 12.
A concurrent resolution to urge Michigan's congressional delegation to secure supplemental funding to control the spread of viral hemorrhagic septicemia in fish populations.
(For text of concurrent resolution, see House Journal No. 56, p. 857.)
With the recommendation that the concurrent resolution be adopted.
The concurrent resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Sheltrown, Ebli, Brown, Kathleen Law, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, June 26, 2007
Present: Reps. Sheltrown, Ebli, Brown, Kathleen Law, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn
Absent: Rep. Hammon
Excused: Rep. Hammon
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Miller, Chair, of the Committee on Labor, was received and read:
Meeting held on: Tuesday, June 26, 2007
Present: Reps. Miller, Meadows, Bieda, Constan, Farrah, Hopgood, Lindberg, LaJoy and Steil
Absent: Reps. Wenke and Rick Jones
Excused: Reps. Wenke and Rick Jones
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Melton, Chair, of the Committee on Education, was received and read:
Meeting held on: Tuesday, June 26, 2007
Present: Reps. Melton, Valentine, Angerer, Brown, Corriveau, Dean, Hopgood, Lindberg, Miller, Polidori, Scott, Moolenaar, Emmons, Hoogendyk, Steil, Pearce, Hildenbrand, Schuitmaker and Opsommer
Absent: Reps. Byrum, Clack, Meisner and Knollenberg
Excused: Reps. Byrum, Clack, Meisner and Knollenberg
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meisner, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, June 26, 2007
Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer
Messages from the Senate
Senate Bill No. 546, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 91 (MCL 38.1391), as amended by 2006 PA 617.
The Senate has passed the bill.
The bill was read a first time by title and referred to the Committee on Education.
Senate Bill No. 547, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 43a, 43b, 69c, 69f, 75, 91, and 108 (MCL 38.1343a, 38.1343b, 38.1369c, 38.1369f, 38.1375, 38.1391, and 38.1408), sections 43a and 108 as amended by 2002 PA 94, sections 43b, 69c, and 75 as amended and section 69f as added by 1989 PA 194, and section 91 as amended by 2004 PA 117, and by adding section 60.
The Senate has passed the bill.
The bill was read a first time by title and referred to the Committee on Education.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 94, Reps. Bieda, Dillon and Calley.
Pursuant to Rule 41, the Speaker has made the following reassignments:
House Bill No. 4971 referred to the Committee on Tax Policy.
House Bill No. 4972 referred to the Committee on Tax Policy.
Communications from State Officers
The following communication from the Department of Labor and Economic Growth was received and read:
June 21, 2007
The enclosed annual report, Status of Telecommunications Competition in Michigan, is submitted on behalf of the Michigan Public Service Commission in accordance with Section 103 of the Michigan Telecommunications Act (MTA). This report will be available on the Commission website at www.michigan.gov/mpsc. The purpose of this report is to describe the status of competition in telecommunications services in Michigan, including, but not limited to, the toll and local exchange service markets in the state. This report includes information on the traditional wireline industry as well as services provided via diverse telecommunications technologies.
In 2006, the total number of wirelines in Michigan decreased by 3.9% from the 2005 line count. The percentage of linesin the wireline market for competitive providers is now at an 18.3% share, a 2.9% reduction from 2005. The decrease in the total number of competitive wirelines from 2005 to 2006 was 17%.
As mentioned last year, the Federal Communications Commission (FCC) and the courts overturned portions of the FCC's Triennial Review Order in 2005, and eliminated the incumbents' obligation to provide an unbundled network element platform (UNE-P) to the competitors at a regulated price. The competitors' transition away from a regulated UNE-P was completed in 2006. The Commission actively participated in the efforts to transition customers in a timely andefficient manner. Today, competitive providers have completed the transition of customers from UNE-P to other methods,such as unbundled network element-loop (UNE-L) provisioning which utilizes the incumbent's loop and the competitors' switching, or Local Wholesale Complete (LWC)/Wholesale Advantage, which uses the same infrastructure as UNE-P.
Additional data available to the Commission allows for the monitoring of other nonwireline telecommunications market developments. These areas are experiencing rapid growth. Wireless subscriptions in Michigan continue to increase;an additional 630,000 subscriptions were reported to the FCC for the 12 months between June 30, 2005 and June 30, 2006 for Michigan. High speed internet connections for the same period of time also increased. The FCC reports that as of June 30, 2006 Michigan had over 1.7 million high speed internet lines. The availability of broadband service affects the development of emerging telecommunications services such as Voice over Internet Protocol (VoIP) that rely upon the ability of the customer to access the internet with high speeds of information transfer. VoIP service in Michigan is being offered by many different companies from cable television providers to traditional telecommunications companies. For certain telecommunications companies, some of the decrease in their wireline connections are somewhat offset by customers switching to wireless or VoIP service provided by the same company or one of its affiliates.
The Status of Telecommunications Competition in Michigan report for 2006 finds that many factors have had an impact on Michigan's declining levels of competition in the wireline market. The elimination of UNE-P, the emergence ofnew technology options, and the recent mergers involving incumbents and competitors have led to a continued decreasein competition in the wireline industry in 2006. It should also be noted that these factors are governed by outside forces, such as the FCC and courts, or are affected by the introduction of new technologies into the market that are not under the direct regulatory control of this Commission.
The Commission will continue to strive to meet its obligations under the MTA to ensure a just and reasonable PBLES rate; enforce basic consumer protections, including prohibitions against slamming and cramming; and resolve disputes that arise under the MTA. At the same time, the Commission will monitor new technology developments and any impacts on the competitive landscape in Michigan. The Commission will also apprise the Governor and the Legislature of any future developments that may warrant action.
Sincerely,
J. Peter Lark, Chairman
Michigan Public Service Commission
Monica Martinez, Commissioner
Michigan Public Service Commission
The communication was referred to the Clerk.
The following communications from the Auditor General were received and read:
June 21, 2007
Enclosed is a copy of the following audit report and/or report summary:
Financial audit of the Commercial Mobile Radio Service Emergency Telephone Fund,
Department of Treasury and Department of State Police
October 1, 2004 through September 30, 2006
June 22, 2007
Enclosed is a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the
Department of Labor and Economic Growth
for the period October 1, 2004 through September 30, 2006
June 22, 2007
Enclosed is a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the
Department of Agriculture
for the period October 1, 2004 through September 30, 2006
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.
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Rep. Hoogendyk moved that the House adjourn.
The motion prevailed, the time being 2:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, June 27, at 10:00 a.m.
RICHARD J. BROWN
Clerk of the House of Representatives