No. 47

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Thursday, May 15, 2008.

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—excused 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—excused 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. Richard J. Ball, from the 85th District, offered the following invocation:

“Dear heavenly Father,

Grant us the ability and determination to do what is best for the citizens of Michigan. Your omnipotent insight and wisdom if needed today, and every day, in this legislative chamber to guide us in drafting the best public policy.

Each one of the 110 of us was elected by the citizens of our district to do what is best for them and all the citizens of Michigan. Heavenly Father we need You at our side to guide each of us individually, and all of us collectively, to accomplish this mission.

Show us how, and encourage us, to blend together the knowledge and differing opinions of each of us to create policy that has only a single goal: What is best for the citizens of Michigan.

In Your heavenly name we pray. AMEN.”

______

Rep. Booher moved that Reps. Gaffney and Nofs be excused from today’s session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4532, entitled

A bill to prohibit employers from making employment decisions based upon certain conduct that is unrelated to employment; and to provide remedies.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Miller moved to amend the bill as follows:

1. Amend page 1, line 7, after “permits” by striking out the balance of the subdivision and inserting “50 or more individuals to work at any time during the calendar year or accepts applications for employment for 50 or more positions during the calendar year, or an agent of that individual or entity.”.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 392 Yeas—63

Accavitti Coulouris Johnson Rocca

Angerer Cushingberry Jones, Rick Sak

Ball Dean Jones, Robert Scott

Bauer Dillon Law, Kathleen Simpson

Bennett Donigan LeBlanc Smith, Alma

Bieda Ebli Leland Smith, Virgil

Brandenburg Espinoza Lemmons Spade

Brown Farrah Lindberg Stakoe

Byrnes Gillard Mayes Steil

Byrum Gonzales McDowell Tobocman

Caswell Griffin Meadows Vagnozzi

Cheeks Hammel Meisner Valentine

Clack Hammon Melton Warren

Clemente Hood Miller Wojno

Condino Hopgood Moore Young

Corriveau Jackson Polidori

Nays—45

Acciavatti Green Marleau Pearce

Agema Hansen Meekhof Proos

Amos Hildenbrand Meltzer Robertson

Booher Hoogendyk Moolenaar Schuitmaker

Calley Horn Moss Shaffer

Casperson Huizenga Nitz Sheen

Caul Hune Opsommer Sheltrown

Constan Knollenberg Palmer Stahl

DeRoche Lahti Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

Garfield

In The Chair: Sak

The House agreed to the title of the bill.

______

Rep. Hood moved that Rep. Virgil Smith be excused temporarily from today’s session.

The motion prevailed.

Rep. Tobocman moved that Rep. Bauer be excused temporarily from today’s session.

The motion prevailed.

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

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 393 Yeas—58

Accavitti Cushingberry Johnson Moore

Angerer Dean Jones, Rick Polidori

Ball Dillon Jones, Robert Rocca

Bennett Donigan Law, Kathleen Sak

Bieda Ebli LeBlanc Scott

Brandenburg Espinoza Leland Simpson

Brown Farrah Lemmons Smith, Alma

Byrnes Gillard Lindberg Spade

Byrum Gonzales Mayes Tobocman

Cheeks Griffin McDowell Vagnozzi

Clack Hammel Meadows Valentine

Clemente Hammon Meisner Warren

Condino Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson

Nays—48

Acciavatti Garfield Marleau Proos

Agema Green Meekhof Robertson

Amos Hansen Meltzer Schuitmaker

Booher Hildenbrand Moolenaar Shaffer

Calley Hoogendyk Moss Sheen

Casperson Horn Nitz Sheltrown

Caswell Huizenga Opsommer Stahl

Caul Hune Palmer Stakoe

Constan Knollenberg Palsrok Steil

DeRoche Lahti Pastor Walker

Elsenheimer LaJoy Pavlov Ward

Emmons Law, David Pearce Wenke

In The Chair: Sak

House Bill No. 4887, entitled

A bill to prohibit employers from making certain recruiting or hiring decisions based upon an individual’s credit history; to prohibit employers from making certain inquiries; to prohibit certain waivers; to prohibit retaliation; and to provide remedies.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Miller moved to amend the bill as follows:

1. Amend page 2, line 12, after “of” by striking out the balance of the subsection and inserting “any of the following:

(a) A state or nationally chartered bank, bank holding company, or its affiliate or subsidiary.

(b) A state or federally chartered savings and loan, savings bank, or credit union or credit union affiliate or subsidiary.

(c) An individual or firm licensed or registered under article 7 of the occupational code, 1980 PA 299, MCL 339.720 to 399.736.

(d) A casino.”.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 394 Yeas—57

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Sak

Bauer Dillon Jones, Robert Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris

Nays—51

Acciavatti Garfield Marleau Proos

Agema Green Meekhof Robertson

Amos Hansen Meltzer Rocca

Ball Hildenbrand Moolenaar Schuitmaker

Booher Hoogendyk Moore Shaffer

Brandenburg Horn Moss Sheen

Calley Huizenga Nitz Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche Lahti Pastor Ward

Elsenheimer LaJoy Pavlov Wenke

Emmons Law, David Pearce

In The Chair: Sak

The House agreed to the title of the bill.

House Bill No. 4926, entitled

A bill to prohibit employers from making employment decisions based upon certain physical characteristics or fitness; to prohibit retaliation; and to provide remedies.

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

Roll Call No. 395 Yeas—57

Accavitti Coulouris Hopgood Miller

Angerer Cushingberry Jackson Polidori

Bauer Dean Johnson Sak

Bennett Dillon Jones, Robert Scott

Bieda Donigan Law, Kathleen Simpson

Brandenburg Ebli LeBlanc Smith, Alma

Brown Espinoza Leland Smith, Virgil

Byrnes Farrah Lemmons Spade

Byrum Gillard Lindberg Tobocman

Cheeks Gonzales Mayes Vagnozzi

Clack Griffin McDowell Valentine

Clemente Hammel Meadows Warren

Condino Hammon Meisner Wojno

Constan Hood Melton Young

Corriveau

Nays—51

Acciavatti Green Meekhof Robertson

Agema Hansen Meltzer Rocca

Amos Hildenbrand Moolenaar Schuitmaker

Ball Hoogendyk Moore Shaffer

Booher Horn Moss Sheen

Calley Huizenga Nitz Sheltrown

Casperson Hune Opsommer Stahl

Caswell Jones, Rick Palmer Stakoe

Caul Knollenberg Palsrok Steil

DeRoche Lahti Pastor Walker

Elsenheimer LaJoy Pavlov Ward

Emmons Law, David Pearce Wenke

Garfield Marleau Proos

In The Chair: Sak

The House agreed to the title of the bill.

House Bill No. 4927, entitled

A bill to prohibit employers from making employment decisions based upon certain factors that are unrelated to employment; to prohibit certain inquiries; to prohibit retaliation; and to provide remedies.

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

Roll Call No. 396 Yeas—58

Accavitti Coulouris Jackson Polidori

Angerer Cushingberry Johnson Sak

Bauer Dean Jones, Robert Scott

Bennett Dillon Law, Kathleen Sheltrown

Bieda Donigan LeBlanc Simpson

Brandenburg Ebli Leland Smith, Alma

Brown Espinoza Lemmons Smith, Virgil

Byrnes Farrah Lindberg Spade

Byrum Gillard Mayes Tobocman

Cheeks Gonzales McDowell Vagnozzi

Clack Griffin Meadows Valentine

Clemente Hammel Meisner Warren

Condino Hammon Melton Wojno

Constan Hood Miller Young

Corriveau Hopgood

Nays—50

Acciavatti Green Meekhof Proos

Agema Hansen Meltzer Robertson

Amos Hildenbrand Moolenaar Rocca

Ball Hoogendyk Moore Schuitmaker

Booher Horn Moss Shaffer

Calley Huizenga Nitz Sheen

Casperson Hune Opsommer Stahl

Caswell Jones, Rick Palmer Stakoe

Caul Knollenberg Palsrok Steil

DeRoche Lahti Pastor Walker

Elsenheimer LaJoy Pavlov Ward

Emmons Law, David Pearce Wenke

Garfield Marleau

In The Chair: Sak

The House agreed to the title of the bill.

House Bill No. 5829, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2006 PA 167.

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

Roll Call No. 397 Yeas—92

Accavitti Donigan Knollenberg Palsrok

Acciavatti Elsenheimer Lahti Pavlov

Agema Emmons LaJoy Pearce

Angerer Espinoza Law, Kathleen Polidori

Ball Farrah LeBlanc Proos

Bauer Garfield Leland Schuitmaker

Bennett Gillard Lemmons Scott

Bieda Gonzales Lindberg Shaffer

Booher Green Marleau Sheen

Byrnes Griffin Mayes Sheltrown

Byrum Hammel McDowell Smith, Alma

Calley Hammon Meadows Smith, Virgil

Casperson Hansen Meekhof Stahl

Caul Hildenbrand Meisner Stakoe

Cheeks Hood Melton Steil

Clack Hoogendyk Meltzer Tobocman

Clemente Hopgood Miller Vagnozzi

Condino Horn Moolenaar Walker

Constan Huizenga Moore Ward

Corriveau Jackson Moss Warren

Coulouris Johnson Nitz Wenke

Cushingberry Jones, Rick Opsommer Wojno

Dillon Jones, Robert Palmer Young

Nays—16

Amos Dean Law, David Sak

Brandenburg DeRoche Pastor Simpson

Brown Ebli Robertson Spade

Caswell Hune Rocca Valentine

In The Chair: Sak

The House agreed to the title of the bill.

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

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

House Bill No. 5830, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7401 and 7403 (MCL 333.7401 and 333.7403), as amended by 2002 PA 710; 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. 398 Yeas—81

Accavitti Dillon Johnson Pearce

Acciavatti Donigan Jones, Rick Polidori

Agema Elsenheimer Jones, Robert Proos

Angerer Emmons Knollenberg Schuitmaker

Ball Espinoza Lahti Scott

Bauer Farrah Law, Kathleen Shaffer

Bennett Garfield LeBlanc Sheltrown

Bieda Gillard Leland Smith, Alma

Booher Gonzales Lemmons Smith, Virgil

Byrnes Green Lindberg Stahl

Byrum Griffin Mayes Stakoe

Calley Hammel McDowell Steil

Caul Hammon Meadows Tobocman

Cheeks Hansen Meisner Vagnozzi

Clack Hildenbrand Melton Walker

Clemente Hood Miller Ward

Condino Hoogendyk Nitz Warren

Constan Hopgood Opsommer Wenke

Corriveau Horn Palmer Wojno

Coulouris Jackson Pavlov Young

Cushingberry

Nays—27

Amos Ebli Meltzer Rocca

Brandenburg Huizenga Moolenaar Sak

Brown Hune Moore Sheen

Casperson LaJoy Moss Simpson

Caswell Law, David Palsrok Spade

Dean Marleau Pastor Valentine

DeRoche Meekhof Robertson

In The Chair: Sak

The House agreed to the title of the bill.

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

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

House Bill No. 5831, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2002 PA 666.

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

Roll Call No. 399 Yeas—88

Accavitti Dillon Jones, Robert Pavlov

Acciavatti Donigan Lahti Pearce

Agema Elsenheimer LaJoy Polidori

Angerer Emmons Law, Kathleen Proos

Ball Espinoza LeBlanc Schuitmaker

Bauer Farrah Leland Scott

Bennett Garfield Lemmons Shaffer

Bieda Gillard Lindberg Sheen

Booher Gonzales Marleau Sheltrown

Byrnes Green Mayes Smith, Alma

Byrum Griffin McDowell Smith, Virgil

Calley Hammel Meadows Stahl

Caswell Hammon Meekhof Stakoe

Caul Hansen Meisner Steil

Cheeks Hildenbrand Melton Tobocman

Clack Hoogendyk Miller Vagnozzi

Clemente Hopgood Moolenaar Walker

Condino Horn Moore Ward

Constan Huizenga Nitz Warren

Corriveau Jackson Opsommer Wenke

Coulouris Johnson Palmer Wojno

Cushingberry Jones, Rick Palsrok Young

Nays—20

Amos DeRoche Law, David Rocca

Brandenburg Ebli Meltzer Sak

Brown Hood Moss Simpson

Casperson Hune Pastor Spade

Dean Knollenberg Robertson Valentine

In The Chair: Sak

The House agreed to the title of the bill.

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

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

House Bill No. 6015, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 10, 11, and 12 of chapter IX (MCL 769.10, 769.11, and 769.12), as amended by 2006 PA 655.

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

Roll Call No. 400 Yeas—104

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Schuitmaker

Bauer Farrah Lemmons Scott

Bennett Garfield Lindberg Shaffer

Bieda Gillard Marleau Sheen

Booher Gonzales Mayes Sheltrown

Brandenburg Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stahl

Caswell Hildenbrand Meltzer Stakoe

Caul Hood Miller Steil

Cheeks Hoogendyk Moolenaar Tobocman

Clack Hopgood Moore Vagnozzi

Clemente Horn Moss Valentine

Condino Huizenga Nitz Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Warren

Coulouris Jones, Rick Palsrok Wenke

Cushingberry Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Nays—4

Brown Dean Hune Sak

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4569, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 140 to article 12.

The bill was read a second time.

Rep. Hammon 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.

______

Rep. Tobocman moved that Rep. Accavitti be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4569, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 140 to article 12.

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

Roll Call No. 401 Yeas—72

Angerer Dillon LaJoy Polidori

Ball Donigan Law, David Rocca

Bauer Ebli Law, Kathleen Sak

Bennett Espinoza LeBlanc Schuitmaker

Bieda Farrah Leland Scott

Brown Gillard Lemmons Sheltrown

Byrnes Gonzales Lindberg Smith, Alma

Byrum Green Marleau Smith, Virgil

Calley Hammel Mayes Spade

Cheeks Hammon McDowell Stakoe

Clack Hood Meadows Steil

Clemente Hopgood Meekhof Tobocman

Condino Horn Meisner Vagnozzi

Constan Jackson Melton Valentine

Corriveau Johnson Meltzer Ward

Coulouris Jones, Rick Miller Warren

Cushingberry Jones, Robert Moss Wojno

Dean Lahti Opsommer Young

Nays—35

Acciavatti Elsenheimer Knollenberg Proos

Agema Emmons Moolenaar Robertson

Amos Garfield Moore Shaffer

Booher Griffin Nitz Sheen

Brandenburg Hansen Palmer Simpson

Casperson Hildenbrand Palsrok Stahl

Caswell Hoogendyk Pastor Walker

Caul Huizenga Pavlov Wenke

DeRoche Hune Pearce

In The Chair: Sak

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4184, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as amended by 1998 PA 315.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” by amending section 34a (MCL 791.234a), as amended by 1998 PA 315; and to repeal acts and parts of acts.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Tobocman moved that Rule 42 be suspended.

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

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 402 Yeas—2

Palsrok Stahl

Nays—106

Accavitti DeRoche Knollenberg Pearce

Acciavatti Dillon Lahti Polidori

Agema Donigan LaJoy Proos

Amos Ebli Law, David Robertson

Angerer Elsenheimer Law, Kathleen Rocca

Ball Emmons LeBlanc Sak

Bauer Espinoza Leland Schuitmaker

Bennett Farrah Lemmons Scott

Bieda Garfield Lindberg Shaffer

Booher Gillard Marleau Sheen

Brandenburg Gonzales Mayes Sheltrown

Brown Green McDowell Simpson

Byrnes Griffin Meadows Smith, Alma

Byrum Hammel Meekhof Smith, Virgil

Calley Hammon Meisner Spade

Casperson Hansen Melton Stakoe

Caswell Hildenbrand Meltzer Steil

Caul Hood Miller Tobocman

Cheeks Hoogendyk Moolenaar Vagnozzi

Clack Hopgood Moore Valentine

Clemente Horn Moss Walker

Condino Huizenga Nitz Ward

Constan Hune Opsommer Warren

Corriveau Jackson Palmer Wenke

Coulouris Johnson Pastor Wojno

Cushingberry Jones, Rick Pavlov Young

Dean Jones, Robert

In The Chair: Sak

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 294.

A resolution to urge the Great Lakes states to reject changes to the Great Lakes-St. Lawrence River Basin Water Resources Compact and enact it as presented in December 2005.

(For text of resolution, see House Journal No. 21, p. 380.)

(The resolution was reported by the Committee on Great Lakes and Environment on March 19, with substitute (H-1), consideration of which, under the rules, was postponed until March 20.)

(For substitute, see House Journal No. 28, p. 572.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

Rep. Kathleen Law moved to substitute (H-2) the resolution as follows:

Substitute for House Resolution No. 294.

A resolution to urge the Great Lakes states to reject changes to the Great Lakes-St. Lawrence River Basin Water Resources Compact and enact it as presented in December 2005.

Whereas, The Great Lakes-St. Lawrence River Basin Water Resources Compact would protect the Great Lakes from diversions and wasteful withdrawals while preserving reasonable use of Great Lakes water within the region. This historic document represents a hard-fought compromise negotiated over five years by the Great Lakes governors and Canadian premiers with input from thousands of stakeholders and citizens; and

Whereas, Each Great Lakes state and the United States Congress must approve the same language for the compact to become legally binding. Four Great Lakes states—Minnesota, Illinois, Indiana, and New York—have already enacted the compact as agreed to by the governors and premiers in December 2005. In addition, both chambers of the Michigan Legislature and the Wisconsin Legislature have passed bills to ratify the compact. However, the compact has only passed one chamber in the Pennsylvania General Assembly and the Ohio General Assembly. Of particular concern, the Ohio Senate has indicated that it will consider amending the compact; and

Whereas, Any changes to the compact at this late stage of the process would be a major setback and could undo all the hard work that went into reaching the current compromise. Unilateral changes would place the compact in jeopardy of ever becoming law and would threaten the long-term future of the Great Lakes and all the industries, businesses, farmers, and citizens that depend on them; now, therefore, be it

Resolved by the House of Representatives, That we urge the Great Lakes states to reject changes to the Great Lakes-St. Lawrence River Basin Water Resources Compact and enact it as presented in December 2005; and be it further

Resolved, That copies of this resolution be transmitted to the Ohio General Assembly, the Pennsylvania General Assembly, and the governors of Ohio and Pennsylvania.

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

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 76.

A concurrent resolution to urge the Great Lakes states to reject changes to the Great Lakes-St. Lawrence River Basin Water Resources Compact and enact it as presented in December 2005.

(For text of concurrent resolution, see House Journal No. 21, p. 381.)

(The concurrent resolution was reported by the Committee on Great Lakes and Environment on March 19, with substitute (H-1), consideration of which, under the rules, was postponed until March 20.)

(For substitute, see House Journal No. 28, p. 573.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

Rep. Warren moved to substitute (H-2) the concurrent resolution as follows:

Substitute for House Concurrent Resolution No. 76.

A concurrent resolution to urge the Great Lakes states to reject changes to the Great Lakes-St. Lawrence River Basin Water Resources Compact and enact it as presented in December 2005.

Resolved by the House of Representatives (the Senate concurring), That we urge the Great Lakes states to reject changes to the Great Lakes-St. Lawrence River Basin Water Resources Compact and enact it as presented in December 2005; and be it further

Resolved, That copies of this resolution be transmitted to the Ohio General Assembly, the Pennsylvania General Assembly, and the governors of Ohio and Pennsylvania.

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

Rep. Meekhof moved that Reps. Marleau and Meltzer be excused temporarily from today’s session.

The motion prevailed.

The Speaker laid before the House

House Concurrent Resolution No. 80.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Washtenaw Community College relative to the Washtenaw Community College Technical and Industrial Building Renovations Project.

(For text of concurrent resolution, see House Journal No. 34, p. 763.)

(The concurrent resolution was reported by the Committee on Appropriations on April 23, consideration of which, under the rules, was postponed until April 24; Rule 71 suspended and concurrent resolution postponed temporarily on April 23, see House Journal No. 37, p. 858.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

Rep. Hoogendyk moved to substitute (H-1) the concurrent resolution as follows:

Substitute for House Concurrent Resolution No. 80.

A concurrent resolution urging the Speaker of the House and the Majority caucus members of the Michigan House of Representatives to allow a vote on passage of Senate Bill 776, the Partial Birth Abortion Ban Act.

Whereas, Partial Birth Abortion is an unspeakable procedure which typically involves the killing of a fetus outside of the womb; and

Whereas, Partial-birth abortions pose serious risks to the health of a woman, and they are never medically necessary to preserve the life of the mother; and

Whereas, The state of Michigan has a compelling interest in preserving and protecting the life of the mother and the child by prohibiting partial-birth abortion; and

Whereas, The Minority caucus of the Michigan House of Representatives, overwhelmingly committed to the defense of the unborn, has been calling for swift passage of Senate Bill 776 since its passage in the Senate and transmittal to the House in January 2008; and

Whereas, The Speaker of the House and the Majority caucus members of the Michigan House of Representatives have obstructed any action on this important legislation for over three months; and

Whereas, There at least 67 members of the House of Representatives who consider themselves to be pro-life, indicating that this legislation would pass overwhelmingly, were it allowed to come up for a vote in the House; and

Whereas, Passage of Senate Bill 776 would send a positive message to the hundreds of dedicated pro-life advocates who have traveled to our state’s capital for the Right to Life of Michigan annual legislative day; now, therefore be it

Resolved by the Michigan House of Representatives (the Senate concurring), That we urge the Speaker of the House and the Majority caucus members of the Michigan House of Representatives to allow a vote on passage of Senate Bill 776, the Partial Birth Abortion Ban Act.

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

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 403 Yeas—76

Accavitti Corriveau Johnson Polidori

Acciavatti Coulouris Jones, Rick Proos

Angerer Cushingberry Jones, Robert Rocca

Ball Dean Lahti Sak

Bauer Dillon Law, Kathleen Scott

Bennett Donigan LeBlanc Shaffer

Bieda Ebli Leland Simpson

Booher Emmons Lemmons Smith, Alma

Brown Espinoza Lindberg Smith, Virgil

Byrnes Farrah Mayes Spade

Byrum Gillard McDowell Stakoe

Casperson Gonzales Meadows Tobocman

Caswell Griffin Meisner Vagnozzi

Caul Hammel Melton Valentine

Cheeks Hammon Miller Ward

Clack Hansen Nitz Warren

Clemente Hood Palsrok Wenke

Condino Hopgood Pastor Wojno

Constan Jackson Pearce Young

Nays—30

Agema Hildenbrand Meekhof Robertson

Amos Hoogendyk Moolenaar Schuitmaker

Brandenburg Horn Moore Sheen

Calley Huizenga Moss Sheltrown

DeRoche Hune Opsommer Stahl

Elsenheimer Knollenberg Palmer Steil

Garfield LaJoy Pavlov Walker

Green Law, David

In The Chair: Sak

The Speaker laid before the House

House Concurrent Resolution No. 81.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects-Phase I and II Group F VanWagoner Building (the “Facility”).

(For text of concurrent resolution, see House Journal No. 34, p. 764.)

(The concurrent resolution was reported by the Committee on Appropriations on April 23, consideration of which, under the rules, was postponed until April 24.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

Rep. Emmons moved to substitute (H-1) the concurrent resolution as follows:

Substitute for House Concurrent Resolution No. 81.

Whereas, Partial Birth Abortion is an unspeakable procedure which typically involves the killing of a fetus outside of the womb; and

Whereas, Partial-birth abortions pose serious risks to the health of a woman, and they are never medically necessary to preserve the life of the mother; and

Whereas, The state of Michigan has a compelling interest in preserving and protecting the life of the mother and the child by prohibiting partial-birth abortion; and

Whereas, The Speaker of the House and the Majority caucus members of the Michigan House of Representatives have obstructed any action on this important legislation for over three months; and

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

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 404 Yeas—72

Accavitti Cushingberry Jones, Robert Proos

Acciavatti Dean Lahti Rocca

Angerer Dillon Law, David Sak

Bauer Donigan Law, Kathleen Scott

Bennett Ebli LeBlanc Shaffer

Bieda Espinoza Leland Sheltrown

Booher Farrah Lemmons Simpson

Brown Gillard Lindberg Smith, Alma

Byrnes Gonzales Mayes Smith, Virgil

Byrum Griffin McDowell Spade

Caul Hammel Meadows Tobocman

Cheeks Hammon Meisner Vagnozzi

Clack Hansen Melton Valentine

Clemente Hood Miller Ward

Condino Hopgood Nitz Warren

Constan Jackson Palsrok Wenke

Corriveau Johnson Pastor Wojno

Coulouris Jones, Rick Polidori Young

Nays—35

Agema Emmons LaJoy Pearce

Amos Garfield Meekhof Robertson

Ball Green Meltzer Schuitmaker

Brandenburg Hildenbrand Moolenaar Sheen

Calley Hoogendyk Moore Stahl

Casperson Horn Moss Stakoe

Caswell Huizenga Opsommer Steil

DeRoche Hune Palmer Walker

Elsenheimer Knollenberg Pavlov

In The Chair: Sak

______

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

“Mr. Speaker and members of the House:

While I do not necessarily oppose HCR 81 and 82, I voted against these non-binding resolutions because lawmakers have not yet determined where the funding for these projects will come from, and I do not want to support anything that will drive the state deeper into debt as we are look for solutions regarding Michigan’s transportation funding needs, high gasoline taxes, and high property taxes.

Furthermore, the legislation was not made available for sufficient review before I was asked to vote on it, and I would like to know the details of what the projects would be so that we can avoid any unnecessary infrastructure spending.

For these reasons, I cannot formally support these resolutions at this time.”

The Speaker laid before the House

House Concurrent Resolution No. 82.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects-Phase I and II Group G Special Maintenance Projects (the “Facility”).

(For text of concurrent resolution, see House Journal No. 34, p. 765.)

(The concurrent resolution was reported by the Committee on Appropriations on April 23, consideration of which, under the rules, was postponed until April 24.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

Rep. Palmer moved to substitute (H-1) the concurrent resolution as follows:

Substitute for House Concurrent Resolution No. 82.

Whereas, Partial Birth Abortion is an unspeakable procedure which typically involves the killing of a fetus outside of the womb; and

Whereas, Partial-birth abortions pose serious risks to the health of a woman, and they are never medically necessary to preserve the life of the mother; and

Whereas, The state of Michigan has a compelling interest in preserving and protecting the life of the mother and the child by prohibiting partial-birth abortion; and

Whereas, The Speaker of the House and the Majority caucus members of the Michigan House of Representatives have obstructed any action on this important legislation for over three months; and

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

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 405 Yeas—70

Accavitti Cushingberry Lahti Proos

Acciavatti Dean LaJoy Rocca

Angerer Dillon Law, Kathleen Sak

Bauer Donigan LeBlanc Scott

Bennett Ebli Leland Sheltrown

Bieda Espinoza Lemmons Simpson

Booher Farrah Lindberg Smith, Alma

Brown Gillard Mayes Smith, Virgil

Byrnes Gonzales McDowell Spade

Byrum Griffin Meadows Tobocman

Caul Hammel Meisner Vagnozzi

Cheeks Hammon Melton Valentine

Clack Hood Miller Ward

Clemente Hopgood Nitz Warren

Condino Jackson Palsrok Wenke

Constan Johnson Pastor Wojno

Corriveau Jones, Rick Polidori Young

Coulouris Jones, Robert

Nays—37

Agema Garfield Law, David Pearce

Amos Green Meekhof Robertson

Ball Hansen Meltzer Schuitmaker

Brandenburg Hildenbrand Moolenaar Shaffer

Calley Hoogendyk Moore Sheen

Casperson Horn Moss Stahl

Caswell Huizenga Opsommer Stakoe

DeRoche Hune Palmer Steil

Elsenheimer Knollenberg Pavlov Walker

Emmons

In The Chair: Sak

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

“Mr. Speaker and members of the House:

For these reasons, I cannot formally support these resolutions at this time.”

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Tuesday, May 20, at 1:30 p.m.

The motion prevailed.

Reps. Sak, Angerer, Ball, Bauer, Bieda, Brown, Byrnes, Caul, Clack, Condino, Constan, Dean, Donigan, Gonzales, Griffin, Hammel, Hammon, Hopgood, Robert Jones, Lahti, David Law, Kathleen Law, LeBlanc, Lemmons, Marleau, Meadows, Nitz, Opsommer, Pearce, Polidori, Proos, Schuitmaker, Sheltrown, Spade, Tobocman, Vagnozzi and Warren offered the following resolution:

House Resolution No. 367.

A resolution recognizing May 17-23, 2008, as Michigan Week.

Whereas, Michigan achieved statehood on January 26, 1837, becoming the nation’s 26th state and uniting two peninsulas; and

Whereas, From that momentous day on, the citizens of this Great Lakes State have endeavored to create a better place in which to live; and

Whereas, For more than 160 years, Michigan residents have exhibited unique resilience in adapting to obstacles and challenges, and have demonstrated skill and innovation that has earned our state the respect of the nation and the world; and

Whereas, Michigan is blessed beyond measure with natural wonders, man-made marvels, colorful seasons and diverse recreations making all citizens proud of our majestic state and ready to share with others the many reasons why we call it home; and

Whereas, Each year since 1954, the people of this state have celebrated Michigan Week as a time to encourage greater knowledge and awareness of Michigan and its history; to afford an inspired view of our state’s advantages to the world; and to foster a spirit of cooperation among all communities that will make the Great Lakes State a better place to live, work and raise a family; and

Whereas, The Governor of Michigan has declared Michigan Week from May 17-23, 2008, with the theme, “Great Lakes, Great Traditions”; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby recognize May 17-23, 2008, as Michigan Week.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Byrnes, Palsrok, Sak, Hammel, Dean, Accavitti, Ball, Bauer, Bieda, Brown, Caul, Clack, Condino, Constan, Donigan, Gonzales, Griffin, Hammon, Hopgood, Robert Jones, Lahti, Kathleen Law, LeBlanc, Lemmons, Marleau, Nitz, Opsommer, Palmer, Pastor, Pearce, Polidori, Proos, Sheltrown, Spade, Stahl, Steil, Tobocman, Vagnozzi and Warren offered the following resolution:

House Resolution No. 368.

A resolution recognizing the 10th anniversary of The Legend of Sleeping Bear being named as the official children’s book of the state of Michigan.

Whereas, Encouraging reading from an early age is the foundation of learning and quality education; and

Whereas, More than 200,000 copies of this book have been sold and read across the state and nationwide since it was first published; and

Whereas, The story finds its origins in the Ojibwe legend of the origination of the Manitou Islands and the Sleeping Bear Dunes, honoring our history and native culture; and

Whereas, The author, illustrator, elected officials and teachers have read this book in countless classrooms across Michigan to build enthusiasm for developing a passion for reading; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize this 10th anniversary of The Legend of Sleeping Bear becoming the official children’s book of the state of Michigan, and call this observance to the attention of all our citizens.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Sak, Angerer, Ball, Bauer, Bieda, Brown, Byrnes, Clack, Condino, Constan, Dean, Donigan, Gonzales, Griffin, Hammel, Hammon, Hopgood, Rick Jones, Robert Jones, Lahti, David Law, Kathleen Law, LeBlanc, Lemmons, Marleau, Meadows, Nitz, Opsommer, Pearce, Polidori, Proos, Schuitmaker, Sheltrown, Spade, Stahl, Tobocman, Vagnozzi and Warren offered the following resolution:

House Resolution No. 369.

A resolution proclaiming May 15, 2008, as Peace Officers’ Memorial Day in Michigan.

Whereas, The police officers of Michigan have worked devotedly and selflessly in behalf of the people of this state, regardless of the peril or hazard to themselves; and

Whereas, These officers have safeguarded the lives and property of their fellow Americans; and

Whereas, By the enforcement of our laws, these same officers have given our country internal freedom from fear of the violence and civil disorder that is presently affecting other nations; and

Whereas, These men and women by their patriotic service and their dedicated efforts have earned the gratitude of the citizens of Michigan and the nation; now, therefore, be it

Resolved by the Michigan House of Representatives, That the members of this legislative body recognize Thursday, May 15, 2008, as Peace Officers’ Memorial Day in Michigan.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 15:

House Bill Nos. 6117 6118 6119 6120 6121

Senate Bill No. 1313

The Clerk announced that the following Senate bills had been received on Thursday, May 15:

Senate Bill Nos. 860 1308

Reports of Standing Committees

The Committee on Agriculture, by Rep. Mayes, Chair, reported

House Bill No. 5750, entitled

A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” (MCL 290.641 to 290.650d) by adding section 5a.

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

Nays: None

The Committee on Agriculture, by Rep. Mayes, Chair, reported

House Bill No. 5769, entitled

A bill to amend 2006 PA 272, entitled “Renewable fuels commission act,” by amending sections 3 and 6 (MCL 290.583 and 290.586).

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 14, 2008

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

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6048, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 23, by striking out all of subdivision (A) and inserting:

“(A) “EMERGENCY CONTRACEPTION” MEANS A DRUG, MEDICINE, ORAL HORMONAL COMPOUND, MIXTURE, PREPARATION, INSTRUMENT, ARTICLE, OR DEVICE THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION AND THAT PREVENTS A PREGNANCY AFTER SEXUAL INTERCOURSE. EMERGENCY CONTRACEPTION DOES NOT INCLUDE A DRUG, MEDICINE, ORAL HORMONAL COMPOUND, MIXTURE, PREPARATION, INSTRUMENT, ARTICLE, OR DEVICE OF ANY NATURE THAT IS PRESCRIBED TO TERMINATE THE PREGNANCY OF A FEMALE.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren and Rick Jones

Nays: Rep. Elsenheimer

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6049, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17751 and 17763 (MCL 333.17751 and 333.17763), as amended by 2006 PA 672.

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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith and Warren

Nays: Reps. Elsenheimer, Rick Jones and Rocca

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 6050, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98.

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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren and Rick Jones

Nays: Rep. Elsenheimer

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 15, 2008

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, David Law, Elsenheimer, Rick Jones and Rocca

Absent: Reps. Schuitmaker and Stakoe

Excused: Reps. Schuitmaker and Stakoe

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 15, 2008

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

Absent: Rep. Pastor

Excused: Rep. Pastor

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meadows, Chair, of the Committee on Retiree Health Care Reforms, was received and read:

Meeting held on: Thursday, May 15, 2008

Present: Reps. Meadows, Coulouris, Spade, Johnson, Valentine, Wenke, Calley, Knollenberg and Moss

Absent: Rep. Alma Smith

Excused: Rep. Alma Smith

Messages from the Senate

House Bill No. 4602, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending sections 2 and 5 (MCL 554.72 and 554.75).

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5909, entitled

A bill to exclude certain personal property held in trust from the rule against perpetuities and similar rules that potentially affect the duration of trusts.

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

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Senate Bill No. 1308, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 12102a (MCL 324.12102a), as added by 2008 PA 8.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 27.

A concurrent resolution to urge the Great Lakes states to resist changes to the Great Lakes-St. Lawrence River Basin Water Resources Compact and to adopt the compact as presented in December 2005.

Whereas, Water diversions out of the Great Lakes basin represent one of the greatest threats to the Great Lakes states. Large diversions, either individually or cumulatively, could irrevocably lower water levels and harm natural resources with consequent impacts on shipping, water use, recreation, drinking water, and the quality of life throughout the Great Lakes region. Unfortunately, current legal protections against diversions are precarious; and

Whereas, The Great Lakes-St. Lawrence River Basin Water Resources Compact and Agreement would bolster protections against diversions and help preserve the Great Lakes for the mutual economic and social interest of the entire region. The compact and agreement represent a delicate balance achieved after nearly five years of negotiation between the Great Lakes governors, Canadian premiers, industries, businesses, power suppliers, farmers, drinking water suppliers, environmental and conservation interests, and other parties that hold a vital stake in Great Lakes water; and

Whereas, Quick approval of the legally binding interstate compact by each Great Lakes state, so that it can be presented to the United States Congress, is imperative to eliminate uncertainty among water users throughout the Great Lakes region and before the influence of the Great Lakes states dwindles in the near future. To achieve this end, each Great Lakes state and the United States Congress must agree to identical compact language as soon as possible; and

Whereas, The Great Lakes states are well on their way to ratifying the interstate compact. Minnesota, Illinois, and Indiana have already enacted the compact language agreed to in 2005. The Ohio and Pennsylvania House of Representatives have passed compact legislation without changes. The governor of New York is considering signing the same compact legislation; and

Whereas, Changes to the compact made by any Great Lakes state at this point would at best lead to several more years of negotiations and at worst squander this historic opportunity to protect the Great Lakes for generations to come; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Great Lakes states to resist changes to the Great Lakes-St. Lawrence River Basin Water Resources Compact and to adopt the compact as signed by the governors in 2005; and be it further

Resolved, That copies of this resolution be transmitted to the governors and legislative leaders of the eight Great Lakes states.

The Senate has adopted the concurrent resolution.

Reps. Agema, Ball, Bieda, Byrnes, Clack, Clemente, Condino, Dean, Donigan, Gonzales, Griffin, Hopgood, Rick Jones, Robert Jones, Kathleen Law, LeBlanc, Lemmons, Polidori, Sak, Spade, Tobocman, Vagnozzi and Warren were named co‑sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Great Lakes and Environment.

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 4184, Reps. Condino, Alma Smith and Rick Jones.

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 4666.

Rep. Agema

Introduction of Bills

Rep. Bieda introduced

House Bill No. 6122, entitled

A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending sections 2, 3, 6, and 12 (MCL 207.522, 207.523, 207.526, and 207.532), section 6 as amended by 2003 PA 128.

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

Reps. Rick Jones, Polidori, Stahl, Steil, LaJoy, Meltzer, Mayes, Stakoe and Dean introduced

House Bill No. 6123, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1164.

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

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 860, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32701, 32702, 32703, 32705, 32706, 32707, 32708, 32708a, 32709, 32710, 32721, 32722, 32723, 32725, 32727, and 32728 (MCL 324.32701, 324.32702, 324.32703, 324.32705, 324.32706, 324.32707, 324.32708, 324.32708a, 324.32709, 324.32710, 324.32721, 324.32722, 324.32723, 324.32725, 324.32727, and 324.32728), sections 32701, 32702, 32703, and 32707 as amended and sections 32721, 32722, 32723, 32727, and 32728 as added by 2006 PA 33, sections 32705 and 32708 as amended and section 32708a as added by 2006 PA 35, section 32706 as amended by 1996 PA 434, sections 32709 and 32710 as added by 1995 PA 59, and section 32725 as added by 2006 PA 36, and by adding sections 32706a, 32706b, 32706c, 32706d, and 32729; 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 Great Lakes and Environment.

______

Rep. Jackson moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 20, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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