2007-HJ-09-12-085.htm

No. 85

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Wednesday, September 12, 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--present 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--excused 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--excused 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--excused

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--present Knollenberg--present

e/d/s = entered during session

Rep. John Stahl, from the 82nd District, offered the following invocation:

"Dear Lord,

You are the Almighty God that we can approach to ask blessings upon the state of Michigan. You have destined each of us here to do Your will for Your purposes. May we hear from heaven, by Your spirit, the wisdom needed to lead this legislative body.

We want to acknowledge You in all that we say and do, that we may obey and serve, to obtain the blessings upon the people of Michigan. But we have acted arrogantly with presumption and with actions of self-sufficiency. Lord, open our ears to instruction that we may work together and appropriate a budget that be responsible and of truth. Please guide us to prioritize the needs to be met with efficiency, what needs are to be cut and what reforms to make. Help us in the future to structure a tax base that is just.

We acknowledge You as Creator and we ask that You bless the Governor, the Speaker, and the Majority Leader with the design and plans they need, along with the participation of all the Representatives and Senators.

Thank You Lord. May we now proceed this session with integrity and that which is right. We have been placed here by the trust and will of the people. May we keep their trust by being their voice represented. In the glorious name of Your son, Jesus Christ, I pray, Amen."

______

Rep. Booher moved that Reps. Caul and Green be excused from today's session.

The motion prevailed.

Rep. Tobocman moved that Rep. Warren be excused from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 633, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section43537 (MCL 324.43537), as amended by 1996 PA 585.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,

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

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

The motion prevailed.

Rep. Tobocman 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

Senate Bill No. 633, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section43537 (MCL 324.43537), as amended by 1996 PA 585.

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

Roll Call No. 367 Yeas--107

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Garfield Marleau Shaffer

Booher Gillard Mayes Sheen

Brandenburg Gonzales McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Wenke

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche Knollenberg Pavlov

Nays--0

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,"

The House agreed to the full title.

Rep. Tobocman 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. Tobocman moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

The motion prevailed, 3/5 of the members present voting therefor.

Introduction of Bills

Rep. Cushingberry introduced

House Joint Resolution X, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article IX, to increase the rate of the sales tax and use tax in this state.

The joint resolution was read a first time by its title.

Pending the reference of the joint resolution to a committee,

Rep. Tobocman moved that Rules 41 and 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Tobocman moved that the joint resolution be placed on the order of Second Reading of Bills.

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Joint Resolution X, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article IX, to increase the rate of the sales tax and use tax in this state.

The joint resolution was read a second time.

Rep. Cushingberry moved that the joint resolution be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Tobocman moved that the joint resolution 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 Joint Resolution X, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article IX, to increase the rate of the sales tax and use tax in this state.

The joint resolution was read a third time.

The question being on the adoption of the joint resolution,

Rep. Tobocman moved that consideration of the joint resolution be postponed temporarily.

The motion prevailed.

______

Rep. Tobocman 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. Tobocman moved that when the House adjourns today it stand adjourned until Friday, September 14, at 10:00 a.m.

The motion prevailed.

Reps. Pearce, Sak, Dean, Ball, Bieda, Brandenburg, Casperson, Clack, Constan, Cushingberry, Farrah, Gonzales, Hansen, Rick Jones, Robert Jones, Knollenberg, Lemmons, Marleau, Nitz, Polidori, Proos, Rocca, Shaffer, Sheltrown, Stahl, Steil and Wojno offered the following concurrent resolution:

House Concurrent Resolution No. 47.

A concurrent resolution to urge universities and K-12 schools to warn children and young adults about the dangers of prescription and over-the-counter drugs, to encourage physicians and pharmacists to alert parents to the inherent dangers of these drugs, and to encourage parents to keep these medications out of their children's reach.

Whereas, Household medicine cabinets pose a danger to the health and safety of children and young adults. Medicine cabinets may contain pain relievers, anti-depressants, anti-hypertensives, and myriad other medications that can harm children. Medications prescribed for parents or others in a household may appear safe and benign to some young children. Children often mistakenly think that medicine cabinets contain only "safe" medications that "mom" gives them when they are sick; and

Whereas, Recently, a teenage boy, Spencer Berndt of Rockford, Michigan, died from an allergic reaction after he took some of his mother's pain medications to ease the pain of an injury. Tragically, Spencer was unaware that prescription medications are only safe for the person they are prescribed for and their improper use by others can have serious consequences; and

Whereas, Some teens may experiment with prescription drugs. It is becoming increasingly common for teenagers to abuse pain medications, over-the-counter (OTC) medications, and other drugs found in a parent's medicine cabinet. At "skittles parties" kids take handfuls of Coricidin, a common cold and flu medication, and experience hallucinations and other effects. According to the University of Michigan Monitoring the Future Survey, 3 percent of 8th-graders, 7percent of 10th-graders, and about 10 percent of 12th-graders abused prescription drugs in 2006. There have been reports of teen deaths and overdoses from prescription medications; and

Whereas, Abuse of drugs can have a very damaging effect on the still developing brains of children and young adults. Prescription and OTC medications that are abused or used for nonmedical reasons can alter brain activity and lead to dependence; and

Whereas, We need to get the word out to children and teens that prescription medications, OTC medications, and other common items in household medicine cabinets are potentially dangerous and should not be used improperly or without their parents supervision; and

Whereas, Parents need to be informed of the potential danger to their children of the common medications lurking inside their medicine cabinets and to check their medicine cabinets and discard any prescription drugs that are no longer required to treat a medical condition so that these medications are not available to be misused or accidentally ingested; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge universities and K-12 schools to warn children and young adults about the dangers of prescription drugs, we encourage physicians and pharmacists to alert parents to the inherent dangers of these drugs, and we encourage parents to keep these medications out of their children's reach; and be it further

Resolved, That copies of this resolution be made available to all K-12 schools, colleges, universities, educational institutions, physicians offices, and healthcare facilities in the state of Michigan.

The concurrent resolution was referred to the Committee on Education.

Reps. Brown, Ball, Bieda, Brandenburg, Casperson, Clack, Constan, Cushingberry, Dean, Farrah, Gonzales, Hansen, Rick Jones, Robert Jones, Kathleen Law, Leland, Lemmons, Marleau, Meadows, Nitz, Palmer, Pearce, Polidori, Proos, Rocca, Sak, Sheltrown, Stahl, Tobocman, Valentine and Wojno offered the following concurrent resolution:

House Concurrent Resolution No. 48.

A concurrent resolution to urge regular funding for the United States Army Corps of Engineers to dredge recreational harbors on the Great Lakes.

Whereas, Recreational boating on the Great Lakes is a billion dollar industry. The Great Lakes states are home to 4.3million registered recreational boats, one-third of all registered boats nationwide. More than 900,000 recreational boats in the region are estimated to operate primarily on the Great Lakes. These Great Lakes boaters pump nearly $3.8billion dollars per year into local economies, creating thousands of jobs and spurring waterfront redevelopment; and

Whereas, Boaters on the Great Lakes rely on the network of more than 80 recreational harbors to launch, operate, and dock their boats. These harbors are not only used by recreational boaters but may serve as the home for ferry operations and United States Coast Guard search and rescue stations. In addition, sixteen are designated harbors of refuge during storms and five are essential for isolated island communities to receive goods and services; and

Whereas, Recreational harbors require regular dredging so boaters can use them safely. Natural shoaling, exacerbatedby current low lake levels, reduce access to recreational harbors and create dangerous boating conditions that jeopardize the economic benefits derived from recreational boating; and

Whereas, Current federal policies and funding limit dredging in recreational harbors traditionally maintained by the United States Army Corps of Engineers. The Army Corps would secure the billions in economic activity generated by recreational boating by regularly dredging recreational harbors on the Great Lakes; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge regular funding for the United States Army Corps of Engineers to dredge recreational harbors on the Great Lakes; 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 concurrent resolution was referred to the Committee on New Economy and Quality of Life.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, September 12:

House Joint Resolution X

Senate Bill Nos. 764 765 766 767 768 769 770 771 772 773 774 775

The Clerk announced that the following Senate bill had been received on Wednesday, September 12:

Senate Bill No.757

Reports of Standing Committees

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

House Bill No. 5143, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 251 (MCL 32.651), as amended by 1988 PA 246.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield and Horn

Nays: None

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

House Resolution No. 175.

A resolution to memorialize the United States Congress to reestablish medical care for certain veterans whose income and disability status disqualified them for Department of Veterans Affairs medical care as of January 17, 2003.

(For text of resolution, see House Journal No. 77, p. 1256.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield and Horn

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Wednesday, September 12, 2007

Present: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield and Horn

Absent: Rep. Pastor

Excused: Rep. Pastor

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 5118, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 265 (MCL 208.1265).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Young, Meltzer, Sheen, Steil, Palmer, Wenke and Calley

Nays: None

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 5125, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 433 (MCL 208.1433).

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Meltzer, Steil, Wenke and Calley

Nays: Rep. Young

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 5126, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 435 (MCL 208.1435).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Meltzer, Steil, Wenke and Calley

Nays: Rep. Young

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 12, 2007

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

Absent: Reps. Farrah, Warren and Pastor

Excused: Reps. Farrah, Warren and Pastor

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, September 12, 2007

Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Moolenaar, Horn and Opsommer

Absent: Rep. Huizenga

Excused: Rep. Huizenga

Messages from the Senate

House Bill No. 4344, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

The Senate has appointed Senators Kahn, Pappageorge and Cherry as conferees to join with Representatives McDowell, Cushingberry and Caswell.