No. 31

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2005


House Chamber, Lansing, Wednesday, April 20, 2005.

1:00 p.m.

The House was called to order by the Speaker.

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

Accavitti--present Emmons--present Leland--present Robertson--present

Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present

Adamini--present Farhat--present Lemmons, Jr.--present Sak--present

Amos--present Farrah--present Lipsey--present Schuitmaker--present

Anderson--present Gaffney--present Marleau--present Shaffer--present

Angerer--present Garfield--present Mayes--present Sheen--present

Ball--present Gillard--present McConico--present Sheltrown--present

Baxter--present Gleason--present McDowell--present Smith, Alma--present

Bennett--excused Gonzales--present Meisner--present Smith, Virgil--excused

Bieda--present Gosselin--present Meyer--present Spade--present

Booher--present Green--present Miller--present Stahl--present

Brandenburg--present Hansen--present Moolenaar--present Stakoe--present

Brown--present Hildenbrand--present Moore--present Steil--present

Byrnes--present Hood--present Mortimer--present Stewart--present

Byrum--present Hoogendyk--present Murphy--present Taub--present

Casperson--present Hopgood--present Newell--present Tobocman--present

Caswell--present Huizenga--present Nitz--present Vagnozzi--present

Caul--present Hummel--present Nofs--present Van Regenmorter--present

Cheeks--present Hune--present Palmer--present Vander Veen--present

Clack--present Hunter--present Palsrok--present Walker--present

Clemente--present Jones--present Pastor--present Ward--present

Condino--present Kahn--excused Pavlov--present Waters--present

Cushingberry--present Kehrl--present Pearce--present Wenke--present

DeRoche--present Kolb--present Phillips--present Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--present

Donigan--present LaJoy--present Polidori--present Wojno--present

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

Elsenheimer--present Law, Kathleen--present

e/d/s = entered during session

Rep. Scott Hummel, from the 93rd District, offered the following invocation:

"Praise the Lord, Praise the Lord oh my soul. I will praise the Lord as long as I live. I will sing praises to my God while I have being.

Heavenly Father, I am thankful that we can stand here today, in this chamber, and engage in discussion, debate, and decision making on behalf of the people of Michigan, what an incredible privilege. I am more thankful still that what we do here today is not final, or eternally binding upon the citizens we represent.

Lord, our finite nature requires us to ask You to lend us Your wisdom this day. Lord, don't let our memories grow short. Don't let us forget all whose lives have been sacrificed to give us the opportunity to make the simple decisions we make today. Lord, I pray for the Kieffer family who lost a father, a son or who lost a husband. I pray that You be with them today. Thank You for his service to us that we could be here today.

Lord, don't let us trample intentionally or inadvertently upon our most precious gift of liberty. Let us always be mindful that even our ability to disagree is the result of our freedom. It's because of that freedom that we are here and we praise You for that O Lord, in Jesus' name, Amen."

______

The Speaker called the Speaker Pro Tempore to the Chair.

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

The motion prevailed.

Rep. Sak moved that Rep. Bennett be excused from this week's session.

The motion prevailed.

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

The motion prevailed.

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Nofs, Chair, reported

House Concurrent Resolution No. 8.

A concurrent resolution to urge the United States Nuclear Regulatory Commission to extend the operating license of the Palisades Nuclear Power Plant.

(For text of concurrent resolution, see House Journal No. 27, p. 383.)

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. Nofs, Proos, Emmons, Garfield, LaJoy, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Dillon, Mayes, Hopgood and Clemente

Nays: None

The Committee on Energy and Technology, by Rep. Nofs, Chair, reported

House Concurrent Resolution No. 9.

A concurrent resolution to urge the United States Nuclear Regulatory Commission to extend the operating license of the D.C. Cook Nuclear Power Plant.

(For text of concurrent resolution, see House Journal No. 27, p. 384.)

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. Nofs, Proos, Emmons, Garfield, LaJoy, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Dillon, Mayes, Hopgood and Clemente

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 20, 2005

Present: Reps. Nofs, Proos, Emmons, Garfield, LaJoy, Palsrok, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Dillon, Murphy, Mayes, Hopgood and Clemente

Absent: Reps. Drolet, Huizenga and Hunter

Excused: Reps. Drolet, Huizenga and Hunter

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4528, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2004 PA 458.

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. Van Regenmorter, Schuitmaker, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Bieda

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Wednesday, April 20, 2005

Present: Reps. Van Regenmorter, Schuitmaker, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Bieda

Absent: Reps. Newell, Adamini and Virgil Smith

Excused: Reps. Newell, Adamini and Virgil Smith

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4118, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1318.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Miller, Angerer and Kehrl

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 20, 2005

Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Kehrl and Clack

Absent: Rep. Virgil Smith

Excused: Rep. Virgil Smith

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wenke, Chair, of the Committee on Higher Education and Career Preparation, was received and read:

Meeting held on: Tuesday, April 19, 2005

Present: Reps. Wenke, Emmons, Palmer, Ward, Byrnes, Lipsey and Kehrl

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 20, 2005

Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Condino, Bieda, Farrah, Zelenko, Miller and Meisner

Absent: Rep. Bennett

Excused: Rep. Bennett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 20, 2005

Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer

Absent: Reps. Kahn and Murphy

Excused: Reps. Kahn and Murphy

Communications from State Officers

The following communication from the Department of Community Health was received and read:

April 14, 2005

Enclosed, please find the Michigan Department of Community Health, Bureau of Health Professions', Report to the Legislature, Reporting Period: April 1, 2003 to September 30, 2004. Section 333.16241(8) of the Michigan Public Health Code requires that the department submit an annual report to the Legislature on disciplinary actions taken under articles 7 and 15 of the Public Health Code.

Please be advised that in the past, the annual report to the Legislature covered the period of April 1 through March 31. The selection of that time frame was based on the effective date of the amendatory act that established the reporting requirement. However, during our most recent performance audit by the Office of Auditor General, it was noted that all other statistical reports generated by the Bureau of Health Professions are based on this fiscal year. Therefore, based on the recommendation of the Office of Auditor General, we will submit all reports for the same time period to eliminate duplication and inefficient use of resources.

In order to transition to the new reporting period, the Bureau of Health Professions has generated an 18-month report, covering the period from April 1, 2003 through September 30, 2004. Our next report will cover the period from October 1, 2004 through September 30, 2005.

Sincerely,

Jan Christensen, Deputy Director

Health Policy, Regulation and Professions Administration

The communication was referred to the Clerk.

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

April 19, 2005

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

Performance audit of the Environmental Response and Redevelopment Programs,

Department of Environmental Quality

April 2005

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.

Introduction of Bills

Reps. Hildenbrand, Accavitti, Drolet, Huizenga, Stahl, Palsrok, Gosselin, Murphy, Gonzales, Cushingberry, Elsenheimer, Wenke, Garfield, Marleau, Brandenburg, LaJoy, David Law, Pearce, Green, Hansen, Sheen, Hoogendyk, Pavlov, Farhat, Baxter, Jones, Moolenaar, Steil, Taub, Robertson, Nitz, Mortimer, Vander Veen, Proos, Caul, Stakoe, Ward, Palmer, DeRoche, Hummel, Kooiman and Lemmons, III introduced

House Bill No. 4636, entitled

A bill to amend 1976 PA 449, entitled "An act to regulate the pricing of consumer items and the advertising of consumer items, services, goods, merchandise, commodities, and real property; to prescribe the powers and duties of certain state and local officials in relation thereto; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 1 and 3 (MCL 445.351 and 445.353) and by adding sections 3a and 3b.

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

Reps. Cushingberry, Lemmons, III, Waters, Lemmons, Jr., Virgil Smith, Leland, Cheeks, Gaffney and Tobocman introduced

House Bill No. 4637, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 417a (MCL 380.417a), as amended by 2004 PA 303.

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

Rep. Garfield introduced

House Bill No. 4638, entitled

A bill to amend 1980 PA 523, entitled "Michigan code of military justice of 1980," by amending sections 2, 3, 4, 7, 8, 9, 13, 14, 15, 16, 25, 26, 27, 29, 80, 84, 85, 92, 94, 99, 103, 105, 107, 108, 112, 113, 132, and 134 (MCL 32.1002, 32.1003, 32.1004, 32.1007, 32.1008, 32.1009, 32.1013, 32.1014, 32.1015, 32.1016, 32.1025, 32.1026, 32.1027, 32.1029, 32.1080, 32.1084, 32.1085, 32.1092, 32.1094, 32.1099, 32.1103, 32.1105, 32.1107, 32.1108, 32.1112, 32.1113, 32.1132, and 32.1134), section 16 as amended by 1990 PA 300, and by adding sections 50a, 88, 109, and 121.

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Waters, Sak, Virgil Smith, Gonzales, Cushingberry, Byrum, McConico, Hopgood, Alma Smith, Williams, Zelenko, Lipsey, Meisner, Miller, Hood, Bieda, Leland, Plakas, Kathleen Law, Adamini, Donigan, Murphy, Clack, Farrah, Lemmons, Jr., Vagnozzi, Phillips and Lemmons, III introduced

House Bill No. 4639, entitled

A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending section 1 (MCL 423.201), as amended by 1999 PA 204.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Reps. Virgil Smith and Cushingberry introduced

House Bill No. 4640, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 37a.

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

Reps. Adamini, Brown, Wojno, Whitmer, Palsrok, Casperson, Gleason, McDowell, Gillard, Gaffney, Accavitti, Bieda, Vagnozzi, Elsenheimer, Hansen, Hopgood, Kathleen Law, Tobocman, Meisner, Kolb, Lipsey, Sheltrown, Byrnes, Plakas and Alma Smith introduced

House Bill No. 4641, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding sections 413 and 526.

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

Reps. Jones, LaJoy, Baxter, Stewart, Elsenheimer, Rocca, Robertson, Sheltrown, Steil, Garfield, Acciavatti, Pearce, Wenke, Palsrok, Hummel, Hansen, Gosselin, Booher, Polidori, Stahl, Cushingberry, Anderson, Hune, Nofs, Farhat, Vander Veen, Ball and Moolenaar introduced

House Bill No. 4642, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 12 (MCL 28.432), as amended by 2004 PA 99.

The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

Reps. Jones, LaJoy, Baxter, Stewart, Elsenheimer, Rocca, Robertson, Sheltrown, Steil, Garfield, Acciavatti, Pearce, Wenke, Palsrok, Hummel, Hansen, Gosselin, Booher, Polidori, Stahl, Cushingberry, Anderson, Hune, Nofs, Farhat, Vander Veen, Ball and Moolenaar introduced

House Bill No. 4643, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.

The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

______

Rep. Waters moved that Rep. Lemmons, III be excused temporarily from today's session.

The motion prevailed.

Rep. Waters moved that Rep. Zelenko be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

Senate Concurrent Resolution No. 13.

A concurrent resolution to increase the total project cost of the General Campus Renovations project at St. Clair Community College.

(For text of concurrent resolution, see House Journal No. 27, p. 389.)

(The concurrent resolution was reported by the Committee on Appropriations on April 19, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 67 Yeas--105

Accavitti Emmons Law, Kathleen Proos

Acciavatti Espinoza Leland Robertson

Adamini Farhat Lemmons, Jr. Rocca

Amos Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Alma

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kehrl Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer

Nays--0

In The Chair: Kooiman

______

Rep. Miller moved that Rep. Brown be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4447, entitled

A bill to amend 2004 PA 403, entitled "Michigan boxing regulatory act," by amending sections 11, 31, 33, 34, 47, 48, and 54 (MCL 338.3611, 338.3631, 338.3633, 338.3634, 338.3647, 338.3648, and 338.3654).

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

Roll Call No. 68 Yeas--103

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lemmons, Jr. Rocca

Adamini Farrah Lipsey Sak

Amos Gaffney Marleau Schuitmaker

Anderson Garfield Mayes Shaffer

Angerer Gillard McConico Sheen

Ball Gleason McDowell Sheltrown

Baxter Gonzales Meisner Smith, Alma

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Taub

Caswell Huizenga Newell Tobocman

Caul Hummel Nitz Vagnozzi

Cheeks Hune Nofs Van Regenmorter

Clack Hunter Palmer Vander Veen

Clemente Jones Palsrok Walker

Condino Kehrl Pastor Ward

Cushingberry Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Phillips Whitmer

Donigan Law, David Plakas Williams

Elsenheimer Law, Kathleen Polidori Wojno

Emmons Leland Proos

Nays--2

Drolet Gosselin

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4008, entitled

A bill to amend 1972 PA 251, entitled "An act to provide for the reciprocal exchange of educational services between this state and other states; to provide for reduced or waived tuition, and to designate the state agency for negotiating agreements," by amending sections 1, 3, and 4 (MCL 390.501, 390.503, and 390.504).

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

Roll Call No. 69 Yeas--106

Accavitti Emmons Leland Proos

Acciavatti Espinoza Lemmons, III Robertson

Adamini Farhat Lemmons, Jr. Rocca

Amos Farrah Lipsey Sak

Anderson Gaffney Marleau Schuitmaker

Angerer Garfield Mayes Shaffer

Ball Gillard McConico Sheen

Baxter Gleason McDowell Sheltrown

Bieda Gonzales Meisner Smith, Alma

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Taub

Caswell Hopgood Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hummel Nofs Van Regenmorter

Clack Hune Palmer Vander Veen

Clemente Hunter Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kehrl Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Phillips Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen

Nays--0

In The Chair: Kooiman

The question being on agreeing to the title of the bill,

Rep. Ward moved to amend the title to read as follows:

A bill to amend 1972 PA 251, entitled "An act to provide for the reciprocal exchange of educational services between this state and other states; to provide for reduced or waived tuition, and to designate the state agency for negotiating agreements," by amending sections 1, 2, 3, 4, and 5 (MCL 390.501, 390.502, 390.503, 390.504, and 390.505).

The motion prevailed.

The House agreed to the title as amended.

Rep. Ward moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4275, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 477 (MCL 168.477), as amended by 1999 PA 219.

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

Roll Call No. 70 Yeas--57

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kooiman Pavlov Vander Veen

Elsenheimer LaJoy Pearce Walker

Emmons Law, David Proos Ward

Farhat Marleau Robertson Wenke

Gaffney

Nays--49

Accavitti Dillon Law, Kathleen Plakas

Adamini Donigan Leland Polidori

Anderson Espinoza Lemmons, III Sak

Angerer Farrah Lemmons, Jr. Sheltrown

Bieda Gillard Lipsey Smith, Alma

Brown Gleason Mayes Spade

Byrnes Gonzales McConico Tobocman

Byrum Hood McDowell Vagnozzi

Cheeks Hopgood Meisner Waters

Clack Hunter Miller Whitmer

Clemente Kehrl Murphy Williams

Condino Kolb Phillips Wojno

Cushingberry

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Notices

Rep. Plakas, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 64-66. Had I been present, I would have voted 'yea' on Roll Call Nos. 64 and 65 and 'nay' on Roll Call No. 66."

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4325, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.

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. Gaffney moved to amend the bill as follows:

1. Amend page 5, line 5, after "STUDIES" by inserting "THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE".

2. Amend page 5, line 9, after "STUDIES" by inserting "THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE".

3. Amend page 5, following line 9, by inserting:

"(6) THIS SECTION DOES NOT REQUIRE NEW OR ADDITIONAL THIRD PARTY REIMBURSEMENT OR MANDATED WORKER'S COMPENSATION BENEFITS FOR SERVICES RENDERED BY AN INDIVIDUAL AUTHORIZED TO CONDUCT ELECTRODIAGNOSTIC STUDIES UNDER THIS SECTION.".

4. Amend page 7, line 25, after "STUDIES" by inserting "THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE".

5. Amend page 8, line 2, after "STUDIES" by inserting "THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE".

6. Amend page 8, following line 2, by inserting:

"(6) THIS SECTION DOES NOT REQUIRE NEW OR ADDITIONAL THIRD PARTY REIMBURSEMENT OR MANDATED WORKER'S COMPENSATION BENEFITS FOR SERVICES RENDERED BY AN INDIVIDUAL AUTHORIZED TO CONDUCT ELECTRODIAGNOSTIC STUDIES UNDER THIS SECTION.".

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

Rep. Vander Veen moved to amend the bill as follows:

1. Amend page 4, line 22, after "AND" by striking out the balance of the subsection and inserting "HAS SUCCESSFULLY COMPLETED ADDITIONAL TRAINING IN THE PERFORMANCE AND INTERPRETATION OF ELECTRODIAGNOSTIC STUDIES THAT IS SATISFACTORY TO HIS OR HER RESPECTIVE BOARD MAY CONDUCT ELECTRODIAGNOSTIC STUDIES THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE.".

2. Amend page 7, line 15, after "AND" by striking out the balance of the subsection and inserting "HAS SUCCESSFULLY COMPLETED ADDITIONAL TRAINING IN THE PERFORMANCE AND INTERPRETATION OF ELECTRODIAGNOSTIC STUDIES THAT IS SATISFACTORY TO HIS OR HER RESPECTIVE BOARD MAY CONDUCT ELECTRODIAGNOSTIC STUDIES THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE.".

The question being on the adoption of the amendments offered by Rep. Vander Veen,

Rep. Vander Veen demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Vander Veen,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 71 Yeas--31

Acciavatti Drolet Huizenga Sheen

Ball Emmons Hummel Smith, Alma

Baxter Espinoza Kooiman Stakoe

Brandenburg Garfield McDowell Steil

Byrnes Gosselin Palmer Vagnozzi

Casperson Green Pastor Vander Veen

Caswell Hildenbrand Pearce Wenke

Caul Hoogendyk Shaffer

Nays--74

Adamini Gaffney Marleau Proos

Amos Gillard Mayes Robertson

Anderson Gleason McConico Rocca

Angerer Gonzales Meisner Sak

Bieda Hansen Meyer Schuitmaker

Booher Hood Miller Sheltrown

Brown Hopgood Moolenaar Spade

Byrum Hune Moore Stahl

Cheeks Hunter Mortimer Stewart

Clack Jones Murphy Taub

Clemente Kehrl Newell Tobocman

Condino Kolb Nitz Van Regenmorter

Cushingberry LaJoy Nofs Walker

DeRoche Law, David Palsrok Ward

Dillon Law, Kathleen Pavlov Waters

Donigan Leland Phillips Whitmer

Elsenheimer Lemmons, III Plakas Williams

Farhat Lemmons, Jr. Polidori Wojno

Farrah Lipsey

In The Chair: Kooiman

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

The motion prevailed.

Rep. Ward 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. 4325, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Ward moved that consideration of the bill be postponed for the day.

The motion prevailed.

Second Reading of Bills

House Bill No. 4560, entitled

A bill to amend 1945 PA 72, entitled "An act to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious plant diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts," by amending the title and section 9 (MCL 286.259) and by adding section 10.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Waters moved that Rep. Cushingberry 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. 4560, entitled

A bill to amend 1945 PA 72, entitled "An act to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious plant diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts," by amending the title and section 9 (MCL 286.259) and by adding section 10.

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

Roll Call No. 72 Yeas--99

Accavitti Espinoza Lemmons, Jr. Robertson

Acciavatti Farhat Lipsey Rocca

Adamini Farrah Marleau Sak

Anderson Gaffney Mayes Schuitmaker

Angerer Garfield McConico Shaffer

Ball Gillard McDowell Sheen

Baxter Gleason Meisner Sheltrown

Bieda Gonzales Meyer Smith, Alma

Booher Hansen Miller Spade

Brandenburg Hildenbrand Moolenaar Stahl

Brown Hood Moore Stakoe

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caul Hune Nitz Vagnozzi

Cheeks Hunter Nofs Van Regenmorter

Clack Jones Palmer Vander Veen

Clemente Kehrl Palsrok Walker

Condino Kolb Pastor Ward

DeRoche Kooiman Pavlov Waters

Dillon LaJoy Pearce Wenke

Donigan Law, David Phillips Whitmer

Drolet Law, Kathleen Plakas Williams

Elsenheimer Leland Polidori Wojno

Emmons Lemmons, III Proos

Nays--6

Amos Gosselin Hummel Steil

Caswell Green

In The Chair: Kooiman

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 4562, entitled

A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," (MCL 286.201 to 286.226) by amending the title, as amended by 1984 PA 88, and by adding sections 28 and 29.

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 4562, entitled

A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," (MCL 286.201 to 286.226) by amending the title, as amended by 1984 PA 88, and by adding sections 28 and 29.

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

Roll Call No. 73 Yeas--98

Accavitti Espinoza Lipsey Robertson

Acciavatti Farhat Marleau Rocca

Adamini Farrah Mayes Sak

Anderson Gaffney McConico Schuitmaker

Angerer Gillard McDowell Shaffer

Ball Gleason Meisner Sheen

Baxter Gonzales Meyer Sheltrown

Bieda Hansen Miller Smith, Alma

Booher Hildenbrand Moolenaar Spade

Brandenburg Hood Moore Stahl

Brown Hoogendyk Mortimer Stakoe

Byrnes Hopgood Murphy Stewart

Byrum Huizenga Newell Taub

Casperson Hune Nitz Tobocman

Caul Hunter Nofs Vagnozzi

Cheeks Jones Palmer Van Regenmorter

Clack Kehrl Palsrok Vander Veen

Clemente Kolb Pastor Walker

Condino Kooiman Pavlov Ward

DeRoche LaJoy Pearce Waters

Dillon Law, David Phillips Wenke

Donigan Law, Kathleen Plakas Whitmer

Drolet Leland Polidori Williams

Elsenheimer Lemmons, III Proos Wojno

Emmons Lemmons, Jr.

Nays--7

Amos Garfield Green Steil

Caswell Gosselin Hummel

In The Chair: Kooiman

The House agreed to the title of the bill.

Reps. McConico, Anderson, Kolb, Lipsey, Kooiman, Hunter, Tobocman, Bieda, Condino, Vagnozzi, DeRoche, Accavitti, Hune, Gleason, Nofs, Ward, Nitz, Moolenaar, Palsrok, Ball, Booher, Caul, Cheeks, Clemente, Elsenheimer, Espinoza, Gonzales, Hansen, Kehrl, Lemmons, III, Lemmons, Jr., Mayes, Moore, Pavlov, Polidori, Proos, Schuitmaker, Sheltrown, Alma Smith and Spade were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4567, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2002 PA 421.

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

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

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

The motion prevailed.

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

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

______

Rep. Waters moved that Rep. Williams be excused temporarily from today's session.

The motion prevailed.

Rep. Palmer moved that Rep. Drolet 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. 4567, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2002 PA 421.

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

Roll Call No. 74 Yeas--97

Accavitti Farhat Lemmons, Jr. Proos

Acciavatti Farrah Lipsey Robertson

Adamini Gaffney Marleau Rocca

Anderson Gillard Mayes Sak

Angerer Gleason McConico Schuitmaker

Ball Gonzales McDowell Shaffer

Baxter Green Meisner Sheen

Bieda Hansen Meyer Sheltrown

Booher Hildenbrand Miller Smith, Alma

Brandenburg Hood Moolenaar Spade

Brown Hoogendyk Moore Stahl

Byrnes Hopgood Mortimer Stakoe

Byrum Huizenga Murphy Stewart

Casperson Hune Newell Taub

Caul Hunter Nitz Tobocman

Cheeks Jones Nofs Vagnozzi

Clack Kehrl Palmer Van Regenmorter

Clemente Kolb Palsrok Vander Veen

Condino Kooiman Pastor Walker

DeRoche LaJoy Pavlov Ward

Dillon Law, David Pearce Waters

Donigan Law, Kathleen Phillips Wenke

Elsenheimer Leland Plakas Whitmer

Emmons Lemmons, III Polidori Wojno

Espinoza

Nays--6

Amos Garfield Hummel Steil

Caswell Gosselin

In The Chair: Kooiman

The House agreed to the title of the bill.

Reps. McConico, Anderson, Phillips, Kolb, Kooiman, Newell, Gaffney, Hunter, Tobocman, Bieda, Wojno, Condino, Vagnozzi, Accavitti, Gleason, Nofs, Wenke, Ward, Nitz, Huizenga, Farhat, Moolenaar, Palsrok, Dillon, Ball, Caul, Cheeks, Clemente, Donigan, Elsenheimer, Espinoza, Gonzales, Hansen, Kehrl, Lemmons, III, Lemmons, Jr., Marleau, Mayes, Moore, Pavlov, Polidori, Proos, Sheltrown and Spade were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4613, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8801 (MCL 600.8801), as amended by 2000 PA 80.

The bill was read a second time.

Rep. Caul 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. 4325, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.

(The bill was considered earlier today, see today's Journal p. 460.)

Rep. Ward moved to reconsider the vote by which the House postponed the bill for the day.

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

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. 75 Yeas--80

Accavitti Farhat Law, Kathleen Proos

Adamini Farrah Leland Robertson

Amos Gaffney Lemmons, III Rocca

Anderson Garfield Lemmons, Jr. Sak

Angerer Gillard Lipsey Schuitmaker

Baxter Gleason Marleau Shaffer

Bieda Gonzales McConico Sheen

Booher Green Meisner Sheltrown

Brandenburg Hansen Meyer Spade

Brown Hildenbrand Miller Stahl

Byrum Hood Moolenaar Stewart

Caswell Hopgood Mortimer Taub

Cheeks Hummel Murphy Tobocman

Clack Hune Newell Van Regenmorter

Clemente Hunter Nitz Walker

Condino Jones Nofs Ward

DeRoche Kehrl Palsrok Waters

Dillon Kolb Pavlov Wenke

Elsenheimer LaJoy Phillips Whitmer

Emmons Law, David Polidori Wojno

Nays--23

Acciavatti Espinoza McDowell Smith, Alma

Ball Gosselin Moore Stakoe

Byrnes Hoogendyk Palmer Steil

Casperson Huizenga Pastor Vagnozzi

Caul Kooiman Pearce Vander Veen

Donigan Mayes Plakas

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Rep. Ward moved that House Bill No. 4613 be placed on its immediate passage.

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

House Bill No. 4613, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8801 (MCL 600.8801), as amended by 2000 PA 80.

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

Roll Call No. 76 Yeas--96

Accavitti Espinoza Lemmons, Jr. Proos

Acciavatti Farhat Lipsey Robertson

Adamini Farrah Marleau Rocca

Anderson Gaffney Mayes Sak

Angerer Gillard McConico Schuitmaker

Ball Gleason McDowell Shaffer

Baxter Gonzales Meisner Sheen

Bieda Hansen Meyer Sheltrown

Booher Hildenbrand Miller Smith, Alma

Brandenburg Hood Moolenaar Spade

Brown Hoogendyk Moore Stahl

Byrnes Hopgood Mortimer Stakoe

Byrum Huizenga Murphy Stewart

Casperson Hune Newell Taub

Caul Hunter Nitz Tobocman

Cheeks Jones Nofs Vagnozzi

Clack Kehrl Palmer Van Regenmorter

Clemente Kolb Palsrok Vander Veen

Condino Kooiman Pastor Walker

DeRoche LaJoy Pavlov Ward

Dillon Law, David Pearce Waters

Donigan Law, Kathleen Phillips Wenke

Elsenheimer Leland Plakas Whitmer

Emmons Lemmons, III Polidori Wojno

Nays--7

Amos Garfield Green Steil

Caswell Gosselin Hummel

In The Chair: Kooiman

The House agreed to the title of the bill.

______

Rep. Ward 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

Reps. Gillard, Kathleen Law, Byrum, Waters, Whitmer, Accavitti, Cushingberry, Donigan, Clack, Gleason, Vagnozzi, Anderson, Bieda, Mayes, Tobocman, Byrnes, Kolb, Lemmons, III, Adamini, Ball, Booher, Brown, Cheeks, Clemente, Condino, Espinoza, Farrah, Gonzales, Hildenbrand, Hopgood, Kehrl, Leland, Lemmons, Jr., Lipsey, McConico, McDowell, Meisner, Miller, Murphy, Palsrok, Phillips, Plakas, Polidori, Sak, Sheltrown, Alma Smith, Spade, Wojno and Zelenko offered the following concurrent resolution:

House Concurrent Resolution No. 11.

A concurrent resolution to urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law.

Whereas, Great Lakes waters are among the most valuable natural resources in the world, vital to the economy and environment of the state; and

Whereas, more than 160 species of aquatic invasive plants and animals have been introduced into the Great Lakes. Several species, including the sea lamprey, zebra mussel, round goby, and purple loosestrife, have impaired Michigan's environment, affecting recreational and commercial fishing, beaches, municipal and industrial water supplies, coastal habitat, and fundamental ecosystems in the Great Lakes; and

Whereas, Many of these species have been accidentally introduced from foreign ports by discharge from ships' ballast tanks. There are many more species from all over the world that may still be introduced and pose a threat to the Great Lakes; and

Whereas, Most ships enter the Great Lakes through the St. Lawrence Seaway fully loaded, carrying no ballast, and are designated no ballast on board (NOBOB); and

Whereas, NOBOB ships are exempted by rule of the United States Coast Guard from meeting regulations under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species Act of 1996. These regulations require ships with ballast to meet certain requirements for best management practices regarding ballast water, including exchange of ballast water on the open ocean; and

Whereas, NOBOB ships are still carrying unpumpable water and sediments in ballast tanks that will be mixed with Great Lakes water and pumped out while the vessels are transiting the lakes; and

Whereas, This mixture may contain aquatic invasive species from foreign ports that could be discharged into the Great Lakes; and

Whereas, The Michigan Department of Environmental Quality petitioned the United States Coast Guard on July 14, 2004, seeking to end the exemption from federal ballast water regulations for NOBOB ships; and

Whereas, The United States Coast Guard has published in the Federal Register, pages 1448-1449 of Volume 70:5, a notice for consultation with all interested parties in identifying ballast water management strategies for NOBOB vessels entering the Great Lakes; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law; and be it further

Resolved, A copy of this resolution be transmitted to the United States Coast Guard and the United States Department of Transportation.

The concurrent resolution was referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

Reps. Byrum, Accavitti, Adamini, Anderson, Ball, Bieda, Brown, Byrnes, Caswell, Caul, Cheeks, Clack, Clemente, Condino, Cushingberry, Espinoza, Farhat, Farrah, Gillard, Gleason, Gonzales, Hildenbrand, Hopgood, Jones, Kehrl, Kolb, Leland, Lemmons, III, Lipsey, Mayes, McConico, McDowell, Meisner, Miller, Murphy, Palsrok, Phillips, Plakas, Polidori, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Stakoe, Tobocman, Vagnozzi, Van Regenmorter, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 52.

A resolution declaring April as Autism Awareness Month in the state of Michigan.

Whereas, Increasing awareness of autism spectrum disorders, supporting programs for increased research and improved treatment of autism, and improving training and support for individuals with autism and those who care for individuals with autism is important; and

Whereas, The Autism Society of America, the National Alliance for Autism Research, The Arc of Michigan, The Autism Society of Michigan, and numerous other organizations commemorate April as National Autism Awareness Month; and

Whereas, Autism is a developmental disorder that is typically diagnosed during the first 3 years of life, and impairs the ability of persons to communicate and socialize with others; and

Whereas, Autism affects an estimated 1 in every 166 children in America, and is growing at a rate of 17 percent each year; and

Whereas, Autism is 4 times more likely in boys than in girls, and can affect anyone, regardless of race, ethnicity, or other factors; and

Whereas, The cost of specialized treatment in a developmental center for people with autism is approximately $80,000 per individual per year; and

Whereas, The cost of special education programs for school-aged children with autism is often more than $30,000 per individual per year; and

Whereas, Despite the fact that autism is one of the most common developmental disorders, many professionals in the medical and educational fields are still unaware of the best methods to diagnose and treat the disorder; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April as Autism Awareness Month in the state of Michigan. We also support the establishment of April as National Autism Awareness Month. We recognize and commend the parents and relatives of children with autism for their sacrifice and dedication in providing for the special needs of children with autism and for absorbing significant financial costs for specialized education and support services; and be it further

Resolved, We stress the need to begin early intervention services soon after a child has been diagnosed with autism, noting that early intervention strategies are the primary therapeutic options for young people with autism, and early intervention significantly improves outcomes for people with autism and can reduce the level of funding and services needed later in life.

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. Kathleen Law, Gillard, Hopgood, Farrah, Gonzales, Meisner, Lipsey, Zelenko, Williams, Alma Smith, Sak, Byrum, McConico, McDowell, Wojno, Tobocman, Byrnes, Spade, Kolb, Bieda, Vagnozzi, Gleason, Donigan, Cushingberry, Accavitti, Whitmer, Adamini, Waters, Phillips, Plakas, Sheltrown, Anderson, Lemmons, III, Ball, Booher, Brown, Caul, Cheeks, Clack, Clemente, Condino, Elsenheimer, Espinoza, Farhat, Hildenbrand, Jones, Kehrl, Leland, Mayes, Miller, Murphy, Palsrok, Polidori, Stahl, Stakoe and Brandenburg offered the following resolution:

House Resolution No. 53.

A resolution to urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law.

Whereas, Great Lakes waters are among the most valuable natural resources in the world, vital to the economy and environment of the state; and

Whereas, more than 160 species of aquatic invasive plants and animals have been introduced into the Great Lakes. Several species, including the sea lamprey, zebra mussel, round goby, and purple loosestrife, have impaired Michigan's environment, affecting recreational and commercial fishing, beaches, municipal and industrial water supplies, coastal habitat, and fundamental ecosystems in the Great Lakes; and

Whereas, Many of these species have been accidentally introduced from foreign ports by discharge from ships' ballast tanks. There are many more species from all over the world that may still be introduced and pose a threat to the Great Lakes; and

Whereas, Most ships enter the Great Lakes through the St. Lawrence Seaway fully loaded, carrying no ballast, and are designated no ballast on board (NOBOB); and

Whereas, NOBOB ships are exempted by rule of the United States Coast Guard from meeting regulations under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species Act of 1996. These regulations require ships with ballast to meet certain requirements for best management practices regarding ballast water, including exchange of ballast water on the open ocean; and

Whereas, NOBOB ships are still carrying unpumpable water and sediments in ballast tanks that will be mixed with Great Lakes water and pumped out while the vessels are transiting the lakes; and

Whereas, This mixture may contain aquatic invasive species from foreign ports that could be discharged into the Great Lakes; and

Whereas, The Michigan Department of Environmental Quality petitioned the United States Coast Guard on July 14, 2004, seeking to end the exemption from federal ballast water regulations for NOBOB ships; and

Whereas, The United States Coast Guard has published in the Federal Register, pages 1448-1449 of Volume 70:5, a notice for consultation with all interested parties in identifying ballast water management strategies for NOBOB vessels entering the Great Lakes; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law; and be it further

Resolved, A copy of this resolution be transmitted to the United States Coast Guard and the United States Department of Transportation.

The resolution was referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

Reps. Vagnozzi, Accavitti, Adamini, Ball, Bieda, Brown, Byrnes, Byrum, Cheeks, Clack, Clemente, Condino, Cushingberry, Espinoza, Farrah, Gillard, Gleason, Gonzales, Hildenbrand, Hopgood, Kehrl, Kolb, Leland, Lemmons, III, Lipsey, McConico, McDowell, Meisner, Miller, Murphy, Phillips, Plakas, Polidori, Sheltrown, Alma Smith, Spade, Stahl, Tobocman, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 54.

A resolution to memorialize the Congress of the United States and the State Department to increase efforts to halt the violence and to provide humanitarian assistance in the Darfur region of Sudan.

Whereas, Over the past few years, the government of Sudan and the government-backed militia have carried out a campaign of murder, rape, and terror in the Darfur region. More than 1.5 million people are estimated to have been displaced from their homes, while tens of thousands of civilians have been killed or pushed into disease and malnutrition. A 2004 cease-fire agreement has proven ineffective, and the conditions for those who have been displaced can only be described as a nightmare; and

Whereas, The United States, the United Nations, the African Union, and other nations and organizations have largely ignored the grave human rights violations and suffering that are taking place. The situation in the Darfur region is acknowledged to be ethnic cleansing and may amount to genocide; and

Whereas, While the United States and other countries have tried to bring a halt to the suffering, a greater sense of urgency needs to be brought to these efforts. Our country must do all it can to influence the leadership of the United Nations to increase the number of troops on the ground to protect civilians and to bring pressure on the Sudanese government to halt its illegal and immoral acts. Clearly, the United States must play a leadership role in working with other nations, the United Nations, and the African Union in the effort to bring relief to this region of sorrows; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States and the State Department to increase efforts to halt the violence and to provide humanitarian assistance to the victims of the atrocities in the Darfur region of Sudan; 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, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Government Operations.

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 Wednesday, April 20:

House Bill Nos. 4623 4624 4625 4626 4627 4628 4629 4630 4631 4632 4633 4634 4635

The Clerk announced that the following Senate bill had been received on Wednesday, April 20:

Senate Bill No. 226

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4227, entitled

A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 15 (MCL 46.415), as amended by 1980 PA 187.

The Senate has amended the bill as follows:

1. Amend page 2, line 8, after "election," by inserting "PROVIDED THAT IT IS VOTED UPON BEFORE THE COMMENCEMENT OF THE NEW TERMS OF OFFICE,".

2. Amend page 2, line 15, after "UNDER" by striking out "SUBSECTION (1)" and inserting "SUBSECTIONS (1) AND (3)".

The Senate has passed the bill as amended and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Senate Bill No. 226, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 23.

The Senate has passed the bill.

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

______

Rep. Phillips moved that the House adjourn.

The motion prevailed, the time being 3:25 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, April 21, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives