2007-HJ-05-03-043

No. 43

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Thursday, May 3, 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--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--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. Bill Huizenga, from the 90th District, offered the following invocation:

"Heavenly Father, we thank You for this opportunity to come before You. We come before You with humble hearts. Lord, we ask that You give us wisdom, grace and peace as we deal with each other. As we discuss our ideas, we ask, Lord, that it not be personal, that it not be a conflict, but that it be a discussion that is progressive and productive. We thank You, Lord, for those that are joining us here to observe and participate: whether it be the firefighters and those others that protect us, whether it be those out on the lawn who are here to pray for us, those who want their government to succeed, or whether it be those that are involved in athletics. Lord, we just pray for blessings upon them all and we thank You for their participation. We ask that You continue to be with this house and with this body. Grant us the wisdom that we need, the patience that we need and the understanding as we move this state forward. In Your son's holy name, Amen."

______

Rep. Griffin moved that Rep. Clemente be excused from the balance of today's session.

The motion prevailed.

Motions and Resolutions

Reps. Angerer, Agema, Ball, Booher, Brown, Byrnes, Casperson, Caul, Dean, Espinoza, Farrah, Gaffney, Garfield, Gonzales, Green, Hammel, Hammon, Hood, Hopgood, Rick Jones, Robert Jones, Kathleen Law, Leland, Lemmons, Marleau, Mayes, Meekhof, Palmer, Pastor, Pearce, Polidori, Sak, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 93.

A resolution honoring the Dundee High School Wrestling team upon winning the 2007 Division III State Championship.

Whereas, Dundee High School won its wrestling state championship and earned our awe, pride, and applause. The victory over Richmond High School on Saturday, March 3, 2007, served as a just reward for the hard work and commitment demonstrated by the Vikings throughout their amazing 2006-2007season; and

Whereas, The Dundee High School wrestling team compiled an overall record of 35-2 in the 2006-2007 season; and

Whereas, The Dundee High School wrestling team consists of Derek Borsvold, Joshua White, Peter Rendina, Eric Desbrough, Garrett Stevens, James (Brad) Wade, Justin White, Adam Gerth, Alexander Good, Trevor Straub, Chris Eggert, Joe Lake, James Rowe, Bradley Auten; and

Whereas, The head coach of the Dundee High School wrestling team is Tim Roberts. Duane Stevens, Greg Harlow and Frank Davis are the assistant coaches. The Dundee High School principal is Jackie Schultz and the athletic director is Bill Plumb; and

Whereas, While this team has outstanding members, six of whom reached the finals of the Individual Wrestling Championship, the team's success reflects its willingness to cooperate to achieve a common goal; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the Dundee High School wrestling team upon winning the 2007 Division III State Championship; and be it further

Resolved, That copies of this resolution be transmitted to Dundee Community Schools Board of Education, Head Coach Tim Roberts, the other coaches, and all the team members.

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 the enrollment printing and presentation to the Governor on Thursday, May 3, for her approval of the following bill:

Enrolled House Bill No. 4143 at 1:48 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 3:

House Bill Nos. 4700 4701 4702 4703 4704 4705 4706 4707 4708

Senate Bill Nos. 469 470

The Clerk announced that the following Senate bills had been received on Thursday, May 3:

Senate Bill Nos. 70 94 95 96 403

Reports of Standing Committees

The Committee on Health Policy, by Rep. Angerer, Chair, reported

Senate Bill No. 16, entitled

A bill to establish the prostate cancer research fund in the department of community health; to provide for the distribution of money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Gaffney, Marleau, Green, Ball and Calley

Nays: None

The Committee on Health Policy, by Rep. Angerer, Chair, reported

Senate Bill No. 348, entitled

A bill to establish the Amanda's fund for breast cancer research in the department of community health; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.

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. Angerer, Simpson, Byrum, Clack, Corriveau, Coulouris, Donigan, Hammon, Robert Jones, Valentine, Gaffney, Marleau, Green, Ball and Calley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 3, 2007

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

Absent: Reps. Wojno, Ward and Hune

Excused: Reps. Wojno, Ward and Hune

The Committee on Transportation, by Rep. Hopgood, Chair, reported

House Bill No. 4556, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11f (MCL 247.661f), as added by 2006 PA 140.

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. Hopgood, Griffin, Bieda, Donigan, Ebli, Mayes, Miller, LaJoy, Nitz, Pavlov, Pearce, Stahl and Knollenberg

Nays: None

The Committee on Transportation, by Rep. Hopgood, Chair, reported

House Resolution No. 88.

A resolution to memorialize Congress to enact the passenger bill of rights act.

(For text of resolution, see House Journal No. 42, p. 602.)

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. Hopgood, Griffin, Bieda, Donigan, Ebli, Leland, Mayes, Miller, Young, LaJoy, Casperson, Nitz and Pavlov

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 3, 2007

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:

Meeting held on: Thursday, May 3, 2007

Present: Reps. Clemente, Leland, Clack, Griffin, Meadows, Meisner, Huizenga, Hildenbrand and Garfield

Absent: Reps. Melton and Pastor

Excused: Reps. Melton 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: Thursday, May 3, 2007

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

Absent: Rep. Melton

Excused: Rep. Melton

Messages from the Governor

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 5

ABOLISHING THE RONALD WILSON REAGAN MEMORIAL MONUMENT FUND COMMISSION

DEPARTMENT OF MANAGEMENT AND BUDGET

EXECUTIVE REORGANIZATION

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

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, the Ronald Wilson Reagan Memorial Monument Fund Commission ("Reagan Commission") was established by the Ronald Wilson Reagan Memorial Monument Fund Commission Act, 2004 PA 489, MCL 399.261 to 399.266, effective December 28, 2004;

WHEREAS, the Reagan Commission was required to initially convene within six months of the first deposit of money in the Ronald Wilson Reagan Memorial Monument Fund ("Fund") created by the Ronald Wilson Reagan Memorial Monument Fund Act, 2004 PA 488, MCL 399.271 to 399.274, but no money has ever been deposited in the Fund and the Reagan Commission has never met;

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Reagan Commission will contribute to a smaller and more efficient state government;

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

I. DEFINITIONS

As used in this Order:

A. "Department of Management and Budget" means the principal department of state government created under Section 121 of The Management and Budget Act, 1984 PA 431, MCL 18.1121.

B."Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Ronald Wilson Reagan Memorial Monument Fund Commission under the Ronald Wilson Reagan Memorial Monument Fund Commission Act, 2004 PA 489, MCL 399.261 to 399.266, and the Ronald Wilson Reagan Memorial Monument Fund Act, 2004 PA 488, MCL 399.271 to 399.274, are transferred by Type III transfer to the Department of Management and Budget.

B. The Ronald Wilson Reagan Memorial Monument Fund Commission is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Director of the Department of Management and Budget shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. The functions transferred under this Order shall be administered by the Director of the Department of Management and Budget in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed,available, or to be made available to the Ronald Wilson Reagan Memorial Monument Fund Commission for the activities,powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Management and Budget.

D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.

IV. MISCELLANEOUS

A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.

B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 6

ABOLISHING THE TEMPORARY REIMBURSEMENT PROGRAM ADVISORY BOARD

DEPARTMENT OF ENVIRONMENTAL QUALITY

EXECUTIVE REORGANIZATION

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

WHEREAS, the Temporary Reimbursement Program Advisory Board was established by Public Act 322 of 2006 as a temporary entity;

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Temporary Reimbursement Program Advisory Board will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Temporary Reimbursement Program Advisory Board created under Section 21562 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.21562, are transferred by Type III transfer to the Department of Environmental Quality.

B. The Temporary Reimbursement Program Advisory Board is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Temporary Reimbursement Program Advisory Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 7

ABOLISHING THE MICHIGAN UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE

POLICY BOARD

DEPARTMENT OF ENVIRONMENTAL QUALITY

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Michigan Underground Storage Tank Financial Assurance Policy Board will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Michigan Underground Storage Tank Financial Assurance Policy Board created under Section 21541 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.21541, are transferred by Type III transfer to the Department of Environmental Quality.

B. The Michigan Underground Storage Tank Financial Assurance Policy Board is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Michigan Underground Storage Tank Financial Assurance Policy Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 8

ABOLISHING THE GROUNDWATER ADVISORY COUNCIL AND THE GROUNDWATER CONSERVATION ADVISORY COUNCIL

DEPARTMENT OF AGRICULTURE

DEPARTMENT OF ENVIRONMENTAL QUALITY

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Groundwater Advisory Council and the Groundwater Conservation Advisory Council will reduce duplicative government functions and contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Agriculture" means the principal department of state government created under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275.

B. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

C. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Groundwater Advisory Council created under Section 8708 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.8708, are transferred by Type III transfer to the Department of Agriculture.

B. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Groundwater Conservation Advisory Council created under Section 32803 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.32803, are transferred by Type III transfer to the Department of Environmental Quality.

C. The Groundwater Advisory Council is abolished.

D. The Groundwater Conservation Advisory Council is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Director of the Department of Environmental Quality and the Director of the Department of Agriculture shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality and the Director of the Department of Agriculture in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Groundwater Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Agriculture.

D. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Groundwater Conservation Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.

E. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 9

ABOLISHING THE WATER QUALITY MONITORING ADVISORY BOARD

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

WHEREAS, abolishing the Water Quality Monitoring Advisory Board created by Governor John M. Engler in 1999 will contribute to a smaller and more efficient state government;

A. The Water Quality Monitoring Advisory Board created by Executive Order 1999-10 is abolished.

B. Executive Order 1999-10 is rescinded in its entirety.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 10

ABOLISHING THE LABORATORY DATA QUALITY ASSURANCE ADVISORY COUNCIL

DEPARTMENT OF ENVIRONMENTAL QUALITY

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Laboratory Data Quality Assurance Advisory Council will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Laboratory Data Quality Assurance Advisory Council created under Section 20517 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.20517, are transferred by Type III transfer to the Department of Environmental Quality.

B. The Laboratory Data Quality Assurance Advisory Council is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Laboratory Data Quality Assurance Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 11

ABOLISHING THE AGRICULTURAL MARKETING AND BARGAINING BOARD

DEPARTMENT OF AGRICULTURE

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Agricultural Marketing and Bargaining Board will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Agricultural Marketing and Bargaining Board created under Section 3 of the Agricultural Marketing and Bargaining Act, 1972 PA 344, MCL 290.703, are transferred by Type III transfer to the Department of Agriculture.

B. The Agricultural Marketing and Bargaining Board is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Director of the Department of Agriculture shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. The functions transferred under this Order shall be administered by the Director of the Department of Agriculture in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Agricultural Marketing and Bargaining Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Agriculture.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 12

ABOLISHING THE VALUE-ADDED AND COMMERCIALIZATION ROUNDTABLE

DEPARTMENT OF AGRICULTURE

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, the advisory Value-Added and Commercialization Roundtable adds little value for taxpayers given that the State of Michigan already has an appointed Commission of Agriculture;

WHEREAS, abolishing the Value-Added and Commercialization Roundtable will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Value-Added and Commercialization Roundtable created under Section 302b of the Julian-Stille Value-Added Act, 2000 PA 322, MCL 285.302b, are transferred by Type III transfer to the Department of Agriculture.

B. The Value-Added and Commercialization Roundtable is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Agriculture in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Value-Added and Commercialization Roundtable for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Agriculture.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 13

ABOLISHING THE AGRICULTURE AND RURAL COMMUNITIES ROUNDTABLE

DEPARTMENT OF ENVIRONMENTAL QUALITY

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, the advisory Agriculture and Rural Communities Roundtable adds little value for taxpayers given that the State of Michigan already has an appointed Commission of Agriculture and Commission on Natural Resources;

WHEREAS, abolishing the Agriculture and Rural Communities Roundtable will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Agriculture and Rural Communities Roundtable convened under Section 2305 of the Natural Resources and Environmental Protection Act, 1994, PA 451, MCL 324.2305, are transferred by Type III transfer to the Director of the Department of Environmental Quality.

B. The Agriculture and Rural Communities Roundtable is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Agriculture and Rural Communities Roundtable for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Director of the Department of Environmental Quality.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 14

ABOLISHING THE INVASIVE SPECIES ADVISORY COUNCIL

DEPARTMENT OF NATURAL RESOURCES

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Invasive Species Advisory Council will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Natural Resources" means the principal department of state government created under Section 250 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.350, and Section 501 of the Natural Resources andEnvironmental Protection Act, 1965 PA 380, MCL 324.501, as modified by Executive Order 1995-18, MCL 324.99903.

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Invasive Species Advisory Council created under Section 41321 of the Natural Resourcesand Environmental Protection Act, 1994 PA 451, MCL 324.41321, are transferred by Type III transfer to the Department of Natural Resources.

B. The Invasive Species Advisory Council is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Department of Natural Resources may consult with the Department of Agriculture and the Department of Environmental Quality when performing the power, duties, and functions transferred under this Order.

B. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

C. The functions transferred under this Order shall be administered by the Director of the Department of Natural Resources in such ways as to promote efficient administration.

D. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Invasive Species Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Natural Resources.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 15

ABOLISHING THE HIGHWAY RECIPROCITY BOARD

DEPARTMENT OF STATE

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Highway Reciprocity Board will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of State" means the principal department of state government created under Section 25 of the Executive Organization Act of 1965, MCL 16.125.

B. "Highway Reciprocity Board" means the board created under 1960 PA 124 and transferred by Type II transfer to the Department of State under Section 31 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.131.

C. "Type II transfer" means that term as defined under Section 3(b) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

D. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Highway Reciprocity Board, are transferred by Type III transfer to the Department of State.

B. The Highway Reciprocity Board is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Secretary of State shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. The functions transferred under this Order shall be administered by the Secretary of State in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Highway Reciprocity Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of State.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 16

ABOLISHING THE COMMUNITY HEALTH ADVISORY COUNCIL

DEPARTMENT OF COMMUNITY HEALTH

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Community Health Advisory Council created by Governor John M. Engler in 1997 will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Community Health" means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the "Department of Community Health" under Executive Order 1996-1, MCL 330.3101.

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Community Health Advisory Council created under Section IV of Executive Order1997-4, MCL 333.26324, are transferred by Type III transfer to the Department of Community Health.

B. The Community Health Advisory Council is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Director of the Department of Community Health shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. The functions transferred under this Order shall be administered by the Director of the Department of Community Health in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed,available, or to be made available to the Community Health Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Community Health.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 17

ABOLISHING THE HEALTH PLANS ADVISORY COUNCIL

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

WHEREAS, abolishing the Health Plans Advisory Council created by the Department of Community Health in 1997 will contribute to a smaller and more efficient state government;

A. The Health Plans Advisory Council created within the Department of Community Health in 1997 is abolished.

This order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 18

MICHIGAN CITIZEN-COMMUNITY EMERGENCY RESPONSE

COORDINATING COUNCIL

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

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963 the Governor is responsible for taking care that the laws be faithfully executed;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963 each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;

WHEREAS, this administration continues to be committed to encouraging all residents, organizations, and institutions in Michigan to help in solving our most critical problems by volunteering their time, effort, energy and service in times of prosperity as well as crisis;

WHEREAS, the need for homeland security, community health, public safety, and all-hazard preparedness have increased and have led to the need to call upon the compassion, inventiveness, and volunteer spirit of all Michigan residents to help solve many of the problems facing our communities;

WHEREAS, state government has a unique role to play in coordinating hazard mitigation and emergency response activities of state and local governments;

WHEREAS, it is appropriate that state government rely upon appropriate technical expertise and input from the general public in coordinating hazard mitigation and emergency response activities;

WHEREAS, the Michigan Citizen Corps Council was created within the Michigan Community Service Commission under Executive Order 2002-9 to oversee the development and operation of the Michigan Citizen Corps Council and to act as a state-wide advisory council on the Michigan Citizen Corps;

WHEREAS, while under Executive Order 2002-9, the Michigan Citizen Corps Council was charged with the development of initiatives to promote, among other things, the federal Terrorist Information and Prevention System (TIPS), federal law now prohibits activities to implement the TIPS component of the Citizen Corps initiative;

WHEREAS, the Michigan Citizen Corps Council failed to report to the Governor and the Legislature as required under Executive Order 2002-9;

WHEREAS, the Michigan Emergency Planning and Community Right-to-Know Commission was established by Executive Order 1994-17, as amended by Executive Orders 1994-25 and 1995-23, and designated as the emergency response commission for this state as required by the federal Emergency Planning and Community Right-to-Know Act of 1986;

WHEREAS, the Michigan Hazard Mitigation Coordinating Council was established by Executive Order 1998-5 to assist in preventing or lessening the damage and impact of disasters and emergencies through hazard mitigation;

WHEREAS, the work of the Michigan Citizen Corps Council, the Michigan Emergency Planning and Community Right-to-Know Commission, and the Michigan Hazard Mitigation Coordinating Council can be coordinated more effectively by a single new entity within the Department of State Police;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. "Civil Service Commission" means the commission authorized under Section 5 of Article XI of the Michigan Constitution of 1963.

B. "Council" means the Michigan Citizen-Community Emergency Response Coordinating Council created as an advisory body within the Department of State Police under this Order.

C. "Community Service Commission" means the Michigan Community Service Commission established under 1994 PA 219, MCL 408.221 to 408.232, that was subsequently transferred to the Department of Career Development by Executive Order 1999-1, as amended, MCL 408.40, to the Department of Labor and Economic Growth by Executive Order 2003-18, MCL 445.2011, and to the Department of Human Services by Executive Order 2006-18, MCL 400.561.

D. "Department of Management and Budget" means the principal department of state government created under Section 121 of The Management and Budget Act, 1984 PA 431, MCL 18.1121.

E. "Department of State Police" or "Department" means the Department of State Police created under Section 150 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.250.

F. "Michigan Citizen Corps" means the Michigan initiative created under the federal USA Freedom Corps program pursuant to Executive Order 2002-9 and other applicable state and federal law.

G. "Michigan Citizen Corps Council" means the advisory body created within the Michigan Community Service Commission under Executive Order 2002-9.

H. "Michigan Emergency Planning and Community Right-to-Know Commission" means the advisory body created within the Department of State Police under Executive Order 1994-17, as amended by Executive Orders 1994-25 and 1995-23.

I. "Michigan Hazard Mitigation Coordinating Council" means the advisory body established within the Department of State Police by Executive Order 1998-5.

J. "USA Freedom Corps" means the federal interagency initiative created under Executive Order No. 13254, 67CFR4869, and any successor program.

II. CREATION OF THE COUNCIL

A. The Michigan Citizen-Community Emergency Response Coordinating Council is created as an advisory body within the Department of State Police.

B. The Council shall consist of the following members:

1. The Director of the Department of Agriculture or his or her designated representative from within the Department of Agriculture.

2. The Director of the Department of Community Health or his or her designated representative from within the Department of Community Health.

3. The Director of the Department of Environmental Quality or his or her designated representative from within the Department of Environmental Quality.

4. The Adjutant General or his or her designated representative from within the Department of Military and Veterans Affairs.

5. The Director of the Department of State Police or his or her designated representative from within the Department.

6. The Director of the Department of Transportation or his or her designated representative from within the Department of Transportation.

7. The State Fire Marshal.

8. The Executive Director of the Community Service Commission or his or her designee from within the Community Service Commission.

9. Eleven individuals appointed by the Governor, including at least two individuals with technical expertise related to emergency response.

10. Of the 11 members initially appointed by the Governor under Section II.B.9, 3 members shall be appointed for terms expiring on December 31, 2007, 3 members shall be appointed for terms expiring on December 31, 2008, 3 members shall be appointed for terms expiring on December 31, 2009, and 2 members shall be appointed for terms expiring on December 31, 2010. After the initial terms, members of the Council shall be appointed to 4-year terms.

C. A vacancy on the Council occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term.

D. The Governor shall designate a member of the Council to serve as its Chairperson at the pleasure of the Governor. The Governor may designate a member of the Council to serve as its Vice-Chairperson at the pleasure of the Governor.

III. CHARGE TO THE COUNCIL

A. The Council shall act in an advisory capacity to the Department of State Police and shall do all of the following:

1. Monitor and advise the Department regarding the development and operation of the Michigan Citizen Corps.

2. Act as the statewide advisory council for the Michigan Citizen Corps.

3. Develop for presentation to the Department a comprehensive Michigan Community Emergency Response and Citizen Corps Coordination Plan ("Plan") in consultation with the Department of State Police, the Department of Community Health, the Department of Environmental Quality, the Department of Military and Veterans Affairs, the Office of the State Fire Marshal, and other emergency management entities, including local and tribal entities. The Plan shall provide for all of the following:

a. Coordination of the use of volunteer resources in Michigan in furtherance of homeland security and emergency response.

b. Description of volunteer recruitment and plans for volunteer-management related to emergencies in times of declared states of emergency or disaster.

c. Analysis of state agency coordination plans related to volunteer recruitment and emergency management.

d. Detail of state, local, and tribal activities that may help in the further development of the Michigan Citizen Corps and coordination of citizen-based community emergency response efforts.

e. Reporting on best practices in local and tribal citizen-based emergency response activities and recognizing accomplishments.

4. Beginning September 30, 2009, annually update and submit the Plan required under Section III.C.3 to the Director of the Department of State Police and the Executive Director of the Michigan Community Service Commission no later than 60 days after the close of each fiscal year.

5. Identify opportunities for local, state, tribal, and federal organizations to collaborate to accomplish the shared goals of Citizen Corps and other citizen-based community emergency response efforts.

6. Assist and advise the Department of State Police, the Community Service Commission and local and tribal entities with the preparation of grant and other funding applications submitted to the USA Freedom Corps and other public and private funding sources for implementing the Michigan Citizen Corps and other citizen-based community emergency response efforts.

7. Assist and advise the Department of State Police and the Community Service Commission with the establishment of policies and procedures regarding the use of grants and other funds related to the USA Freedom Corps, the Michigan Citizen Corps, and other citizen-based community emergency response efforts, subject to appropriations and applicable law.

8. Assist and advise the Department of State Police and the Community Service Commission with the development, establishment, and promotion of local Citizen Corps councils, local Citizen Corps programs, and other citizen-based community emergency response and homeland security initiatives.

9. Assist and advise the Department of State Police and the Community Service Commission in the development of programs and activities to promote community service related to homeland security and citizen-based community emergency response, including, but not limited to: Volunteers in Police Service, Neighborhood Watch, Medical Reserve Corps, and Community Emergency Response Teams.

10. Assist and advise the Department of State Police and the Community Service Commission regarding public education, training, and volunteer opportunities related to homeland security and citizen-based community emergency response.

11. Recommend policies and procedures to ensure that emergency response volunteers are connected to emergency alert systems.

12. Recommend policies and procedures to be used by the Michigan Citizen Corps and local Citizen Corps programs in responding to requests for volunteer assistance from other states.

13. Coordinate on behalf of the Department of State Police or the Community Service Commission activities relating to reports to the federal government regarding Citizen Corps and other related activity in Michigan.

B. The Council is designated as the state emergency response commission required under Section 301 of the federal Emergency Planning and Community Right-to-Know Act, Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 USC 11001 to 11050 ("Act") and shall perform all of the duties of a state emergency response commission under the Act, including, but not limited to, all of the following:

1. Appointing local emergency planning committees for each county of this state. Each local emergency planning committee shall include, at a minimum, representatives from each of the following groups or organizations: elected state and local officials; law enforcement, civil defense, firefighting, first aid, health, local environmental, hospital, and transportation personnel; broadcast and print media; community groups; and owners and operators of facilities subject to the requirements of Subchapter I of the Act, 42 USC 11001 to 11005. Each local emergency planning committee shall appoint a chairperson and establish rules for the functioning of the committee, with the rules including provisions for public notification of committee activities, public meetings to discuss emergency plans, public comments, response to such comments by the committee, and distribution of emergency plans. Local emergency planning committees shall comply with the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, and the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Each local emergency planning committee shall establish procedures for receiving and processing requests from the public for information under Section 324 of the Act, 42 USC 11044, including tier II information under Section 312 of the Act, 42 USC 11022, and procedures for the designation of an official to serve as coordinator for the information. Each local emergency planning committee shall perform the functions required of local emergency planning committees under the Act.

2. Notifying the Administrator of the federal Environmental Protection Agency of facilities subject to the requirements of the Act and of each notification received from a facility under Section 302(c) of the Act, 42 USC 11002(c).

3. Reviewing plans submitted by local emergency planning committees and make recommendations to the committees on revisions that may be necessary to ensure coordination with other emergency planning districts.

4. Protecting the public health, safety, welfare, and the environment by facilitating the implementation of the emergency planning and community right-to-know provisions of the Act.

5. Evaluating state agency responsibilities regarding hazardous materials planning, enforcement, and response, and develop recommendations to ensure efficient and effective coordination of hazardous materials planning, enforcement, and response.

C. The Council shall perform the following functions relating to hazard mitigation planning and coordination:

1. Assisting in the development, maintenance, and implementation of a state hazard mitigation plan.

2. Assisting in the development, maintenance, and implementation of guidance and informational materials to support hazard mitigation efforts of local and state government, and private entities.

3. Soliciting, reviewing, and identifying hazard mitigation projects for funding, including, but not limited to, federal funding under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5170c, and Sections 553 and 554 of the National Flood Insurance Reform Act of 1994, 42 USC 4104c and 42 USC 4014d.

4. Fostering and promoting, where appropriate, hazard mitigation principles and practices within local and state government, and with the general public.

IV. OPERATIONS OF THE COUNCIL

A. The Council shall be staffed by personnel from and assisted by the Department of State Police. Any budgeting, procurement, and related management functions of the Council shall be performed under the direction and supervision of the Director of the Department of State Police.

B. The Council shall select from among its members a Secretary. Council staff shall assist the Secretary with recordkeeping responsibilities.

C. Members of the Council appointed by the Governor under Section II.B.9 shall not delegate their responsibilities as members to other persons. A majority of the members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of its serving members.

D. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations and may establish committees and request public participation on advisory panels as the Council deems necessary. The Council may also adopt, reject, or modify any recommendations proposed by committees or advisory panels.

E. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.

F. In developing recommendations, the Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

G. Members of the Council shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules of procedures of the Civil Service Commission and the Department of Management and Budget, subject to available appropriations.

H. The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Chairperson deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

I. The Council may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.

J. Members of the Council shall refer all legal, legislative, and media contacts to the Department of State Police.

V. RESCISSIONS

A. The Michigan Citizen Corps Council created under Executive Order 2002-9 is abolished.

B. Executive Order 2002-9 is rescinded in its entirety.

C. The Michigan Hazard Mitigation Coordinating Council created under Executive Order 1998-5 is abolished.

D. Executive Order 1998-5 is rescinded in its entirety.

E. The State Emergency Planning and Community Right-to-Know Commission established under Executive Order1994-17, as amended by Executive Orders 1994-25 and 1995-23, is abolished.

F. Executive Orders 1987-5, 1988-1, 1994-17, 1994-25, and 1995-23 are rescinded in their entirety.

VI. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Council, or to any member or representative of the Council, any necessary assistance required by the Council, or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with its, his, or her duties. Free access also shall be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Council.

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May in the year of our Lord, twothousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 19

ABOLISHING THE COMMUNITY HEALTH SPECIALTY SERVICES PANEL

DEPARTMENT OF COMMUNITY HEALTH

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Specialty Services Panel provided for within the Department of Community Health under Public Act 409 of 2000 will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Community Health" means the principal department of state government created as the Departmentof Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the "Department of Community Health" under Executive Order 1996-1, MCL 330.3101

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Specialty Services Panel provided for within the Department of Community Health under Section 109g of The Social Welfare Act, 1939 PA 280, MCL 400.109g, are transferred by Type III transfer to the Department of Community Health.

B. The Specialty Services Panel is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Community Health in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Specialty Services Panel for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Community Health.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 20

ABOLISHING THE RETAIL FOOD ADVISORY BOARD

DEPARTMENT OF AGRICULTURE

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Retail Food Advisory Board will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Retail Food Advisory Board created under Section 2103 of the Food Law of 2000, 2000 PA 92, MCL 289.2103, are transferred by Type III transfer to the Department of Agriculture.

B. The Retail Food Advisory Board is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Agriculture in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Retail Food Advisory Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Agriculture.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 21

ABOLISHING THE MICHIGAN ENVIRONMENTAL SCIENCE BOARD

DEPARTMENT OF ENVIRONMENTAL QUALITY

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the advisory Michigan Environmental Science Board will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

B. "Michigan Environmental Science Board" means the board established within the Department of Management and Budget by Executive Order 1991-33 and transferred to the Department of Environmental Quality by Executive Order 1997-3, MCL 324.99904.

C. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Michigan Environmental Science Board are transferred by Type III transfer to the Department of Environmental Quality.

B. The Michigan Environmental Science Board is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Michigan Environmental Science Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 22

ABOLISHING THE PERSONNEL AGENCY BOARD

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Personnel Agency Board will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive OrderNo. 1996-2, MCL 445.2001, and by Executive Order No. 2003-18, MCL 445.2011.

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Personnel Agency Board created under Section 1002 of the Occupational Code, 1980 PA 299, MCL 339.1002, are transferred by Type III transfer to the Department of Labor and Economic Growth.

B. The Personnel Agency Board is abolished.

III. IMPLEMENTATION OF TRANSFERS

A. The Director of the Department of Labor and Economic Growth shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.

B. The functions transferred under this Order shall be administered by the Director of the Department of Labor and Economic Growth in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Personnel Agency Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Labor and Economic Growth.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 23

ABOLISHING THE BOARD OF LANDSCAPE ARCHITECTS

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Board of Landscape Architects will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order No. 1996-2, MCL 445.2001, and by Executive Order No. 2003-18, MCL 445.2011.

B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Board of Landscape Architects created under Section 2203 of the Occupational Code, 1980 PA 299, MCL 339.2203, are transferred by Type III transfer to the Department of Labor and Economic Growth.

B. The Board of Landscape Architects is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Labor and Economic Growth in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Board of Landscape Architects for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Labor and Economic Growth.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 24

ABOLISHING THE STATE BOARD OF FORENSIC POLYGRAPH EXAMINERS

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the State Board of Forensic Polygraph Examiners will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "State Board of Forensic Polygraph Examiners" means the board created within the Department of State Police under Section 5 of the Forensic Polygraph Examiners Act, 1972 PA 295, MCL 338.1701 to 338.1729, and transferred to the Department of Commerce under Executive Order 1991-9, MCL 338.3501.

B. Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order No. 1996-2, MCL 445.2001, and by Executive Order No. 2003-18, MCL 445.2011.

C. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the State Board of Forensic Polygraph Examiners are transferred by Type III transfer to the Department of Labor and Economic Growth.

B. The State Board of Forensic Polygraph Examiners is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Labor and Economic Growth in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the State Board of Forensic Polygraph Examiners for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Labor and Economic Growth.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 25

ABOLISHING THE STATE SCHOOL DISTRICT ACCOUNTABILITY BOARD

DEPARTMENT OF EDUCATION

EXECUTIVE REORGANIZATION

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

WHEREAS, Section 3 of Article VIII of the Michigan Constitution of 1963 vests leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, in an elected State Board of Education;

WHEREAS, 1999 PA 10 removed the elected school board for the Detroit Public School District and replaced the board with an appointed board consisting of six appointees and the State Superintendent of Public Instruction;

WHEREAS, 1999 PA 10 also created within the Department of Education a School District Accountability Board consisting of the State Superintendent of Public Instruction, the State Treasurer, the State Budget Director, and two persons appointed by Governor John M. Engler to review district improvement plans submitted by the appointed school board and monitor any progress being made in achieving goals and benchmarks under the plan;

WHEREAS, under 1999 PA 10, the powers of the School District Accountability Board were limited to a qualifying school district in which an appointed school reform board is in place, such as the board appointed for the Detroit Public School District in 1999;

WHEREAS, the takeover of the Detroit Public School District by an appointed board mandated under 1999 PA 10 was a failure, resulting in a $198 million deficit during Fiscal Year 2005;

WHEREAS, 2003 PA 303 amended 1990 PA 10 to end the state takeover of the Detroit Public School District, allowing Detroit voters, rather than Lansing lawmakers, to determine the powers of the Detroit School Board and what is best for their schools and their children;

WHEREAS, when given a choice, Detroit voters chose to govern their school district by an elected board in the same manner as other districts throughout this state, and the elected board they selected is now in place;

WHEREAS, return to an elected school board for Detroit Public Schools eliminates the need for a special School District Accountability Board to provide state oversight of an appointed board for the Detroit Public School District;

WHEREAS, the functions of the School District Accountability Board are best vested in elected officials directly accountable to the public;

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to change the organization of the executive branch of state government;

NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. "Department" means the Department of Education, a principal department of state government created under Section 300 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.400.

B. "School District Accountability Board" means the board created within the Department under Section 376 of The Revised School Code, MCL 380.376, consisting of the Superintendent of Public Instruction, the State Treasurer, the State Budget Director, and gubernatorial appointees.

C. "State Board of Education" means the elected State Board of Education created under Section 3 of Article VIII of the Michigan Constitution of 1963.

D. "Superintendent of Public Instruction" means the principal executive officer of the Department appointed by the State Board of Education as provided under Section 3 of Article VIII of the Michigan Constitution of 1963.

II. ABOLISHMENT OF THE SCHOOL DISTRICT ACCOUNTABILITY BOARD FOR THE DETROIT PUBLIC SCHOOL DISTRICT

A. All of the authority, powers, duties, functions, responsibilities, rule-making authority, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the School District Accountability Board are transferred to the elected State Board of Education.

B. The School District Accountability Board is abolished.

III. IMPLEMENTATION

A. The Superintendent of Public Instruction shall immediately initiate coordination to facilitate the implementation of the transfers under this Order.

B. The Superintendent of Public Instruction shall provide executive direction and supervision for the implementation of all transfers to the State Board of Education under this Order. The functions transferred to the State Board of Educationunder this Order shall be administered under the direction and supervision of the State Board of Education, including, butnot limited to, any prescribed functions of rule-making, licensing, registration, and the prescription of rules, regulations, standards, and adjudications.

C. All records, personnel, property, and funds used, held, employed, or to be made available to the School District Accountability Board for the activities transferred to the State Board of Education under this Order are transferred to the State Board of Education.

D. The Superintendent of Public Instruction and the Chairperson of the School District Accountability Board shall develop a memorandum of record identifying any pending settlements, issues of compliance with any applicable state or federal laws or regulations, or other obligations to be resolved by the School District Accountability Board.

E. The State Board of Education shall administer the assigned functions transferred under this Order in such ways as to promote efficient administration and the Superintendent of Public Instruction shall make organizational changes within the Department as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

F. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary to implement this Order.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand and seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 26

ABOLISHING THE TASK FORCE ON LOCAL GOVERNMENT SERVICES AND FISCAL STABILITY

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

WHEREAS, the Task Force on Local Government Services and Fiscal Stability has completed the work for which it was created;

A. The Task Force on Local Government Services and Fiscal Stability created by Executive Order 2005-9 is abolished.

B. Executive Order 2005-9 is rescinded in its entirety.

The provisions of this Order are effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 27

ABOLISHING THE COMMISSION ON HIGHER EDUCATION AND ECONOMIC GROWTH IN

MACOMB COUNTY

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

WHEREAS, the Commission on Higher Education and Economic Growth in Macomb County has completed the work for which it was created;

A. The Commission on Higher Education and Economic Growth in Macomb County created by Executive Order2006-11 is abolished.

B. Executive Orders 2006-11 and 2006-22 are rescinded in their entirety.

The provisions of this Order are effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 28

ABOLISHING THE MICHIGAN TASK FORCE ON ELDER ABUSE

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

WHEREAS, the Michigan Task Force on Elder Abuse has completed the work for which it was created;

A. The Michigan Task Force on Elder Abuse created by Executive Order 2005-11 is abolished.

B. Executive Orders 2005-11 and 2005-15 are rescinded in their entirety.

The provisions of this Order are effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received May 2, 2007 and read:

EXECUTIVE ORDER

No. 2007 29

ABOLISHING THE ADVISORY COMMITTEE ON SEPTAGE WASTE STORAGE FACILITY MANAGEMENT PRACTICES

DEPARTMENT OF ENVIRONMENTAL QUALITY

EXECUTIVE REORGANIZATION

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

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

WHEREAS, abolishing the Advisory Committee on Septage Waste Storage Facility Management Practices provided for under Section 11715d of the Natural Resources and Protection Act, 1994 PA 451, MCL 324.11715d, will contribute to a smaller and more efficient state government;

I. DEFINITIONS

As used in this Order:

A. "Advisory Committee on Septage Waste Storage Facility Management Practices" means the committee convened under Section 11715d of the Natural Resources and Protection Act, 1994 PA 451, MCL 324.11715d, to make recommendations on septage waste storage facility management practices, including, but not limited to, storage facility inspections.

B. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.

C. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.

II. TRANSFER OF AUTHORITY

A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Advisory Committee on Septage Waste Storage Facility Management Practices are transferred by Type III transfer to the Department of Environmental Quality.

B. The Advisory Committee on Septage Waste Storage Facility Management Practices is abolished.

III. IMPLEMENTATION OF TRANSFERS

B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.

C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Advisory Committee on Septage Waste Storage Facility Management Practices for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.

IV. MISCELLANEOUS

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

Explanation of "No" Votes

Rep. Ball, having reserved the right to explain his protest against the passage of House Bill No. 4367, made the following statement:

"Mr. Speaker and members of the House:

Creating a Michigan Business Tax and replacing the SBT is an extremely important issue. It will impact the business climate and, therefore, the economic vitality of Michigan for many years to come.

This issue demands careful evaluation by all 110 State Representatives as each of us was elected to represent approximately 90,000 Michigan citizens. The way HB 4367 was handled on the floor today was not conducive to any sort of thoughtful process. The version of this bill had many good features and I was prepared to vote YES to help move the process along. It is well past time that we do something positive on this issue.

Then the wheels came off the wagon. At the last moment a new floor substitute was introduced. This substitute is well over a hundred pages and there was no time allowed for floor discussion or thoughtful deliberation. On multiple occasions a request was made to have an explanation as to how this substitute bill differed from the committee version. Each time a request for explanation was denied. This behavior was absolutely unacceptable. When I have no reasonable opportunity to evaluate a bill I refuse to vote blind. These actions changed my YES vote to a NO vote.

I sincerely hope that when this issue returns from the Senate and Conference Committee all 110 of us have an opportunity to evaluate it before a vote is taken. I fully expect to be able to vote YES at that time.

I am very much aware that tactics such as today happened previously when the republicans were in majority. They were wrong then and they are wrong now when the democrats are in majority. It is a classic example of two wrongs do not make a right. These kinds of activities are not what the legislative process should be about and are not what the citizens sent us here to do."

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4047, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511c; and to repeal acts and parts of acts.

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

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 3, following line 1, by inserting:

"(5) THE DEPARTMENT MAY ACCEPT AN APPLICATION AND ISSUE A PERMIT TO CONSTRUCT AN EXPANSION TO AN EXISTING LANDFILL IF THE EXPANSION WAS IDENTIFIED AS PART OF A CONSENT ORDER ENTERED BY THE DEPARTMENT BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION AND IF THE APPLICATION OTHERWISE MEETS THE REQUIREMENTS OF THIS PART." and renumbering the remaining subsections.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Acciavatti moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(7) THIS SECTION DOES NOT APPLY TO ANY COUNTY, THAT BY VOTE OF THE COUNTY BOARD, PASSES A RESOLUTION OPTING OUT OF THIS SECTION." and renumbering the remaining subsections.

The question being on the adoption of the amendment offered by Rep. Acciavatti,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Acciavatti,

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

Roll Call No. 136 Yeas--50

Acciavatti Garfield Meekhof Pearce

Agema Green Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

Gaffney Marleau

Nays--58

Accavitti Cushingberry Jones, Robert Rocca

Angerer Dean Lahti Sak

Bauer Donigan Law, Kathleen Scott

Bennett Ebli LeBlanc Sheltrown

Bieda Espinoza Leland Simpson

Brandenburg Farrah Lemmons Smith, Alma

Brown Gillard Lindberg Smith, Virgil

Byrnes Gonzales Mayes Spade

Byrum Griffin McDowell Tobocman

Cheeks Hammel Meadows Vagnozzi

Clack Hammon Meisner Valentine

Condino Hood Melton Warren

Constan Hopgood Miller Wojno

Corriveau Jackson Polidori Young

Coulouris Johnson

In The Chair: Sak

Rep. Nitz moved to amend the bill as follows:

1. Amend page 3, following line 4, by inserting:

"(6) LANDFILLS LOCATED IN BERTRAND TOWNSHIP ARE EXEMPT FROM PROVISIONS IN THIS SECTION AS GRANTED BY AGREEMENTS WITH BERRIEN COUNTY." and renumbering the remaining subsection.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Reps. David Law and Hune moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(7) NO LANDFILL IN THE STATE OF MICHIGAN SHALL ACCEPT WASTE GENERATED IN CANADA." and renumbering the remaining subsection.

The question being on the adoption of the amendment offered by Reps. David Law and Hune,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. David Law and Hune,

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

Roll Call No. 137 Yeas--96

Accavitti Elsenheimer LeBlanc Polidori

Acciavatti Emmons Leland Proos

Amos Espinoza Lemmons Robertson

Angerer Farrah Lindberg Rocca

Ball Gaffney Marleau Sak

Bauer Gillard Mayes Schuitmaker

Bennett Green McDowell Shaffer

Booher Hammel Meadows Sheen

Brandenburg Hammon Meekhof Sheltrown

Brown Hansen Meisner Simpson

Byrnes Hildenbrand Melton Smith, Alma

Byrum Hood Meltzer Smith, Virgil

Calley Hoogendyk Miller Spade

Casperson Hopgood Moolenaar Stahl

Caswell Horn Moore Stakoe

Caul Huizenga Moss Steil

Clack Hune Nitz Vagnozzi

Constan Jackson Nofs Valentine

Corriveau Jones, Rick Opsommer Walker

Dean Jones, Robert Palmer Ward

DeRoche Knollenberg Palsrok Warren

Dillon Lahti Pastor Wenke

Donigan LaJoy Pavlov Wojno

Ebli Law, David Pearce Young

Nays--13

Agema Coulouris Gonzales Law, Kathleen

Bieda Cushingberry Griffin Scott

Cheeks Garfield Johnson Tobocman

Condino

In The Chair: Sak

______

Rep. Coulouris, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'Nay' on the amendment offered by Representative Law because I believe the amendment is unconstitutional insofar as it violates the commerce clause and treaties provisions of the United States Constitution."

Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I have always strongly supported strict restrictions on the importation of trash. If it were to be accomplished as easily as stated in this amendment, it should have been adopted long ago. This amendment, offered for what appears to be blatant political purposes, is not the right way to go. Indeed even a marginal student finishing his or her first year of law school should readily recognize that this amendment is clearly unconstitutional under Article I, Section 8, Clause 3 of the United States Constitution. This clause, known as the Commerce Clause, empowers the United States Congress 'To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.' Interpretation of the sixteen words of the Commerce Clause has helped define the balance of power between the federal government and individual states. The Commerce Clause is an important source of powers delegated to Congress, and therefore its interpretation is very important in determining the scope of federal legislative power.

Because this amendment would violate the Commerce Clause, its inclusion in this bill appears to be designed to destroy the entire bill, by adding language that would subject it to a successful constitutional challenge. I have never believed in playing these silly partisan games. Thus, while I will continue to work to address the trash problem, I will not support actions that clearly violate the United States Constitution."

Rep. Tobocman moved that consideration of the bill be postponed temporarily.

The motion prevailed.

House Bill No. 4485, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11502,11503, 11504, 11505, 11506, 11512, 11514, 11527a, 11529, and 11541 (MCL 324.11502, 324.11503, 324.11504, 324.11505, 324.11506, 324.11512, 324.11514, 324.11527a, 324.11529, and 324.11541), section 11502 as amended by 2004 PA 35, sections 11503 and 11506 as amended by 1998 PA 466, section 11504 as amended by 1996 PA 359, section 11512 as amended by 2004 PA 325, section 11514 as amended by 2005 PA 243, section 11527a as added by 2004 PA 42, and sections 11529 and 11541 as amended by 1996 PA 358, and by adding section 11515a.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Meadows moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 27, line 4, after "THE" by striking out "CONSTRUCTION PERMIT" and inserting "OPERATING LICENSE".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. David Law moved to amend the bill as follows:

1. Amend page 28, following line 16, by inserting:

"SEC. 11532C. REVENUE RAISED FROM A WASTE DIVERSION SURCHARGE IN THIS PART SHALLBE USED SOLELY FOR THE FUNDING OF A STATEWIDE COMPREHENSIVE RECYCLING PROGRAM.".

The question being on the adoption of the amendment offered by Rep. David Law,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. David Law,

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

Roll Call No. 138 Yeas--51

Acciavatti Gaffney Meekhof Proos

Agema Green Meltzer Robertson

Amos Hansen Moolenaar Rocca

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Emmons Marleau Pearce

Nays--58

Accavitti Dean Johnson Polidori

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Garfield Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Condino Hammel Meadows Valentine

Constan Hammon Meisner Warren

Corriveau Hood Melton Wojno

Coulouris Hopgood Miller Young

Cushingberry Jackson

In The Chair: Sak

Rep. Pavlov moved to amend the bill as follows:

1. Amend page 28, following line 16, by inserting:

"SEC. 11532B. REVENUE RAISED FROM A WASTE DIVERSION SURCHARGE IN THIS PART SHALL BE USED FOR THE FOLLOWING:

(1) AN INCOME TAX CREDIT TO REBATE MICHIGAN CITIZENS FOR ANY INCREASED COST OF WASTE MANAGEMENT OR DISPOSAL DUE TO THE WASTE DIVERSION SURCHARGE.

(2) AN INCOME TAX CREDIT TO THOSE INDIVIDUALS WHO PAY FOR A LOCAL RECYCLING OR WASTE DIVERSION PROGRAM THROUGH A LOCAL MILLAGE, FEE, OR OTHER MANDATED FUNDING SOURCE.".

The question being on the adoption of the amendment offered by Rep. Pavlov,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Pavlov,

Point of Order

Rep. Tobocman requested a ruling from the Chair on whether the amendment offered by Rep. Pavlov constitutes an amendment by reference.

The Chair ruled that the amendment was an amendment by reference in violation of Article IV, § 25 of the Michigan Constitution.

Rep. Ward appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 139 Yeas--57

Accavitti Dean Johnson Polidori

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Gillard Lemmons Smith, Virgil

Byrum Gonzales Lindberg Spade

Cheeks Griffin Mayes Tobocman

Clack Hammel McDowell Vagnozzi

Condino Hammon Meadows Valentine

Constan Hood Meisner Warren

Corriveau Hopgood Melton Wojno

Coulouris Jackson Miller Young

Cushingberry

Nays--52

Acciavatti Gaffney Marleau Pearce

Agema Garfield Meekhof Proos

Amos Green Meltzer Robertson

Ball Hansen Moolenaar Rocca

Booher Hildenbrand Moore Schuitmaker

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

In The Chair: Sak

Rep. Meadows 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

House Bill No. 4485, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11502, 11503, 11504, 11505, 11506, 11512, 11514, 11527a, 11529, and 11541 (MCL 324.11502, 324.11503, 324.11504, 324.11505, 324.11506, 324.11512, 324.11514, 324.11527a, 324.11529, and 324.11541), section 11502 as amended by 2004 PA 35, sections 11503 and 11506 as amended by 1998 PA 466, section 11504 as amended by 1996 PA 359, section 11512 as amended by 2004 PA 325, section 11514 as amended by 2005 PA 243, section 11527a as added by 2004 PA 42, and sections 11529 and 11541 as amended by 1996 PA 358, and by adding section 11515a.

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

Roll Call No. 140 Yeas--63

Accavitti Cushingberry Jones, Robert Rocca

Angerer Dean Lahti Sak

Bauer Dillon Law, David Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brandenburg Espinoza Leland Smith, Alma

Brown Farrah Lemmons Smith, Virgil

Byrnes Gaffney Lindberg Spade

Byrum Gillard Marleau Tobocman

Casperson Gonzales Mayes Vagnozzi

Cheeks Hammel McDowell Valentine

Clack Hammon Meadows Ward

Condino Hood Meisner Warren

Constan Hopgood Melton Wojno

Corriveau Jackson Miller Young

Coulouris Johnson Polidori

Nays--46

Acciavatti Green Meltzer Pearce

Agema Griffin Moolenaar Proos

Amos Hansen Moore Robertson

Ball Hildenbrand Moss Schuitmaker

Booher Hoogendyk Nitz Shaffer

Calley Horn Nofs Sheen

Caswell Huizenga Opsommer Stahl

Caul Hune Palmer Stakoe

DeRoche Jones, Rick Palsrok Steil

Elsenheimer Knollenberg Pastor Walker

Emmons LaJoy Pavlov Wenke

Garfield Meekhof

In The Chair: Sak

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11502,11503, 11504, 11505, 11506, 11512, 11514, 11516, 11527a, 11529, and 11541 (MCL 324.11502, 324.11503, 324.11504, 324.11505, 324.11506, 324.11512, 324.11514, 324.11516, 324.11527a, 324.11529, and 324.11541), section 11502 as amended by 2004 PA 35, sections 11503 and 11506 as amended by 1998 PA 466, section 11504 as amended by 1996 PA 359, sections 11512 and 11516 as amended by 2004 PA 325, section 11514 as amended by 2005 PA 243, section 11527a as added by 2004 PA 42, and sections 11529 and 11541 as amended by 1996 PA 358, and by adding section 11515a.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Hoogendyk, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Regarding passage of 4047, 4485, 4486. The trash industry is already heavily regulated. They have operated within the current regulatory framework. This act would violate private property laws by allowing DEQ officers to enter private property without notice, whenever they desire. This act could have a severe negative impact on current contracts with counties and cost counties a great deal of extra money. Provisions in the bill could lead to more landfills being sited in Michigan leading to an actual increase in out-of-state trash coming into the state.

These bills undermine local authority and would lead to much higher prices for trash disposal. Many current projects could be compromised and the fees that end up going to infrastructure, parks and public safety could also be curtailed. Meanwhile, the real issue, importation of Canadian trash would not be addressed."

Second Reading of Bills

House Bill No. 4486, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections11507a, 11526a, 11533, 11534, 11535, 11536, 11537, 11538, 11539a, and 11547 (MCL 324.11507a, 324.11526a, 324.11533, 324.11534, 324.11535, 324.11536, 324.11537, 324.11538, 324.11539a, and 324.11547), section 11507a as amended by 2004 PA 39, section 11526a as added by 2004 PA 40, sections 11533 and 11538 as amended by 2004 PA 44, and section 11547 as amended by 1998 PA 466; and to repeal acts and parts of acts.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Ebli moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Ebli moved to amend the bill as follows:

1. Amend page 21, line 18, after "(B)" by inserting "THE PLAN SHOWS 10 OR MORE YEARS OF DISPOSAL CAPACITY, AND".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Pavlov moved to amend the bill as follows:

1. Amend page 5, following line 11, by inserting:

"SEC. 11532B. REVENUE RAISED FROM A WASTE DIVERSION SURCHARGE IN THIS PART SHALL BE USED FOR THE FOLLOWING:

(1) AN INCOME TAX CREDIT TO REBATE MICHIGAN CITIZENS FOR ANY INCREASED COST OF WASTE MANAGEMENT OR DISPOSAL DUE TO THE WASTE DIVERSION SURCHARGE.

(2) AN INCOME TAX CREDIT TO THOSE INDIVIDUALS WHO PAY FOR A LOCAL RECYCLING OR WASTE DIVERSION PROGRAM THROUGH A LOCAL MILLAGE, FEE, OR OTHER MANDATED FUNDING SOURCE.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. David Law moved to amend the bill as follows:

1. Amend page 5, following line 11, by inserting:

"SEC. 11532C. REVENUE RAISED FROM A WASTE DIVERSION SURCHARGE IN THIS PART SHALLBE USED SOLELY FOR THE FUNDING OF A STATEWIDE COMPREHENSIVE RECYCLING PROGRAM.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Marleau moved to amend the bill as follows:

1. Amend page 5, line 1, by inserting:

"(2) Notwithstanding section 11538 or any other provision of this part, if there is sufficient disposal capacity for a county's disposal needs in or within 150 miles of the county, all of the following apply:

(a) The county is not required to identify a site for a new landfill in its solid waste management plan.

(b) An interim siting mechanism shall not become operative in the county unless the county board of commissioners determines otherwise.

The question being on the adoption of the amendment offered by Rep. Marleau,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Marleau,

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

Roll Call No. 141 Yeas--55

Acciavatti Emmons Marleau Pearce

Agema Gaffney Meekhof Proos

Amos Garfield Meisner Robertson

Ball Green Meltzer Rocca

Booher Hansen Moolenaar Schuitmaker

Brandenburg Hildenbrand Moore Shaffer

Calley Hoogendyk Moss Sheen

Casperson Horn Nitz Stahl

Caswell Huizenga Nofs Stakoe

Caul Hune Opsommer Steil

Condino Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Donigan LaJoy Pastor Wenke

Elsenheimer Law, David Pavlov

Nays--54

Accavitti Dean Jones, Robert Sak

Angerer Dillon Lahti Scott

Bauer Ebli Law, Kathleen Sheltrown

Bennett Espinoza LeBlanc Simpson

Bieda Farrah Leland Smith, Alma

Brown Gillard Lemmons Smith, Virgil

Byrnes Gonzales Lindberg Spade

Byrum Griffin Mayes Tobocman

Cheeks Hammel McDowell Vagnozzi

Clack Hammon Meadows Valentine

Constan Hood Melton Warren

Corriveau Hopgood Miller Wojno

Coulouris Jackson Polidori Young

Cushingberry Johnson

In The Chair: Sak

Rep. Ebli 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

House Bill No. 4486, entitled

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

Roll Call No. 142 Yeas--64

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Rocca

Bauer DeRoche Lahti Sak

Bennett Dillon Law, David Scott

Bieda Donigan Law, Kathleen Sheltrown

Brandenburg Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gaffney Lindberg Spade

Casperson Gillard Marleau Tobocman

Cheeks Gonzales Mayes Vagnozzi

Clack Hammel McDowell Valentine

Condino Hammon Meadows Ward

Constan Hood Meisner Warren

Corriveau Hopgood Melton Wojno

Coulouris Jackson Miller Young

Nays--45

Acciavatti Griffin Meltzer Pearce

Agema Hansen Moolenaar Proos

Amos Hildenbrand Moore Robertson

Ball Hoogendyk Moss Schuitmaker

Booher Horn Nitz Shaffer

Calley Huizenga Nofs Sheen

Caswell Hune Opsommer Stahl

Caul Jones, Rick Palmer Stakoe

Elsenheimer Knollenberg Palsrok Steil

Emmons LaJoy Pastor Walker

Garfield Meekhof Pavlov Wenke

Green

In The Chair: Sak

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections11507a, 11511, 11526a, 11533, 11534, 11535, 11536, 11537, 11538, 11539a, and 11547 (MCL 324.11507a, 324.11511, 324.11526a, 324.11533, 324.11534, 324.11535, 324.11536, 324.11537, 324.11538, 324.11539a, and 324.11547), section 11507a as amended by 2004 PA 39, section 11511 as amended by 2004 PA 325, section 11526a as added by 2004 PA 40, sections 11533, and 11538 as amended by 2004 PA 44, and section 11547 as amended by 1998 PA 466; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Stahl, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

This legislation will allow mandates to counties not desiring to open new landfills this is taking away local control and given state jurisdiction in local matters, allowing the DEQ to pick and choose in which would be a conflict of interest."

Rep. Hoogendyk, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4047, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511c; and to repeal acts and parts of acts.

(The bill was considered earlier today, see today's Journal, p. 641.)

Rep. Meadows moved to amend the bill as follows:

1. Amend page 3, following line 4, by inserting:

"(6) IF ANY PORTION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES SHALL BE FOUND TO BE INVALID BY A COURT, SUCH INVALIDITY SHALL NOT AFFECT THE REMAINING PORTIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PORTION OR APPLICATION, PROVIDED SUCH REMAINING PORTIONS ARE NOT DETERMINED BY THE COURT TO BE INOPERABLE." and renumbering the remaining subsections.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Ebli 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

House Bill No. 4047, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511c; and to repeal acts and parts of acts.

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

Roll Call No. 143 Yeas--85

Accavitti DeRoche Jones, Robert Pavlov

Acciavatti Dillon Lahti Pearce

Angerer Donigan LaJoy Polidori

Ball Ebli Law, David Rocca

Bauer Espinoza Law, Kathleen Sak

Bennett Gaffney LeBlanc Schuitmaker

Bieda Gillard Leland Scott

Brandenburg Gonzales Lemmons Sheltrown

Brown Green Lindberg Simpson

Byrnes Hammel Marleau Smith, Alma

Byrum Hammon Mayes Smith, Virgil

Calley Hansen McDowell Spade

Casperson Hildenbrand Meadows Stahl

Caswell Hood Meisner Stakoe

Cheeks Hopgood Melton Tobocman

Clack Horn Meltzer Vagnozzi

Condino Huizenga Miller Valentine

Constan Hune Moore Ward

Corriveau Jackson Nofs Warren

Coulouris Johnson Opsommer Wojno

Cushingberry Jones, Rick Palsrok Young

Dean

Nays--24

Agema Farrah Moolenaar Robertson

Amos Garfield Moss Shaffer

Booher Griffin Nitz Sheen

Caul Hoogendyk Palmer Steil

Elsenheimer Knollenberg Pastor Walker

Emmons Meekhof Proos Wenke

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

Rep. Hoogendyk, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Second Reading of Bills

House Bill No. 4597, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 504 (MCL 324.504), as amended by 2004 PA 130.

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. Lahti moved to amend the bill as follows:

1. Amend page 1, line 9, after "(2)" by inserting "SUBJECT TO SUBSECTION (4),".

2. Amend page 2, line 8, after "(3)" by inserting "SUBJECT TO SUBSECTION (4),".

3. Amend page 2, following line 18, by inserting:

"(4) SUBSECTIONS (2) AND (3) DO NOT APPLY TO COMMERCIAL FORESTLAND AS DEFINED IN SECTION 51101." and renumbering the remaining subsections.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4597, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 504 (MCL 324.504), as amended by 2004 PA 130.

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

Roll Call No. 144 Yeas--109

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green 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

Caul Hoogendyk Moolenaar Steil

Cheeks Hopgood Moore Tobocman

Clack Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

Nays--0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Reps. LeBlanc, Brown, Farrah, Pastor, Hopgood, Brandenburg, Bieda, Clack, Condino, Vagnozzi, Accavitti, Amos, Caswell, Nofs, Ward, Emmons, Sak, Nitz, Stahl, Huizenga, Moolenaar, Palsrok, Walker, Casperson, Ball, Bennett, Caul, Cheeks, Donigan, Elsenheimer, Espinoza, Gonzales, Hansen, Hildenbrand, David Law, Leland, Marleau, Mayes, Moore, Pearce, Polidori, Proos, Rocca, Schuitmaker, Alma Smith, Spade, Bauer, Ebli, Meadows, Byrum, Calley, Constan, Corriveau, DeRoche, Hammel, Hammon, Horn, Johnson, Robert Jones, Meekhof, Melton, Meltzer, Moss, Opsommer, Valentine and Simpson were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Cushingberry moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4500.

(For first notice see House Journal No. 42, p. 605.)

The question being on the motion made by Rep. Cushingberry,

Rep. Cushingberry moved that consideration of the motion be postponed for the day.

The motion prevailed.

______

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

The motion prevailed.

Rep. Angerer moved that when the House adjourns today it stand adjourned until Tuesday, May 8, at 1:30 p.m.

The motion prevailed.

Messages from the Senate

Senate Bill No. 70, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1531 (MCL 380.1531), as amended by 2006 PA 118.

The Senate has passed the bill.

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

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 Senate has passed the bill.

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

Senate Bill No. 95, entitled

A bill to provide for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of an income tax on certain commercial, business, and financial activities; to prescribe the powers and duties of certain 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; and to provide for the interrelation of this act with other acts.

The Senate has passed the bill.

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

Senate Bill No. 96, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9l.

The Senate has passed the bill.

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

Senate Bill No. 403, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278b (MCL 380.1278b), as amended by 2006 PA 623.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Pavlov, Acciavatti, Hildenbrand, Huizenga and Garfield introduced

House Bill No. 4709, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8a (MCL 125.2688a), as amended by 2006 PA 476.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. Pavlov, Acciavatti, Hildenbrand, Huizenga and Garfield introduced

House Bill No. 4710, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 2 (MCL 207.772), as amended by 2006 PA 661.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. Huizenga, Clemente, Espinoza, Robert Jones, Meadows, LeBlanc, Coulouris, Griffin, Kathleen Law, Spade, Constan, Polidori, Hammel, Byrum, Warren and Hildenbrand introduced

House Bill No. 4711, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 15 and 16 (MCL 125.2665 and 125.2666), section 15 as amended by 2006 PA 32 and section 16 as amended by 2000 PA 145.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. Clemente, Huizenga, Meadows, LeBlanc, Coulouris, Griffin, Kathleen Law, Spade, Constan, Polidori, Hammel, Byrum, Warren and Hildenbrand introduced

House Bill No. 4712, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2006 PA 467.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. Espinoza, Clemente, Robert Jones, Meadows, LeBlanc, Huizenga, Coulouris, Griffin, Kathleen Law, Spade, Polidori, Constan, Hammel, Byrum, Warren and Hildenbrand introduced

House Bill No. 4713, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. Miller, Accavitti, Kathleen Law, Robert Jones, Polidori and Gonzales introduced

House Bill No. 4714, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding section 2411a.

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

Rep. Tobocman introduced

House Bill No. 4715, entitled

A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies," by amending section 15a (MCL 45.515a), as amended by 1996 PA 37.

The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.

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Rep. Meekhof moved that the House adjourn.

The motion prevailed, the time being 3:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 8, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives