No. 8

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, January 27, 2011.

12:00 Noon.

The House was called to order by the Speaker.

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

Agema—present Gilbert—present Lipton—present Pscholka—present

Ananich—present Glardon—present Liss—present Rendon—present

Barnett—present Goike—present Lori—present Rogers—present

Bauer—present Haines—present Lund—present Rutledge—excused

Bledsoe—present Hammel—present Lyons—present Santana—present

Bolger—present Haugh—present MacGregor—present Schmidt, R.—present

Brown—present Haveman—present MacMaster—present Schmidt, W.—present

Brunner—present Heise—present McBroom—present Scott—present

Bumstead—present Hobbs—present McCann—present Segal—present

Byrum—present Hooker—present McMillin—present Shaughnessy—present

Callton—present Horn—present Meadows—present Shirkey—present

Cavanagh—present Hovey-Wright—present Melton—present Slavens—present

Clemente—present Howze—present Moss—present Smiley—present

Constan—present Hughes—present Muxlow—present Somerville—present

Cotter—present Huuki—present Nathan—present Stallworth—present

Crawford—present Irwin—present Nesbitt—present Stamas—present

Daley—present Jackson—excused O’Brien—present Stanley—present

Damrow—present Jacobsen—present Oakes—present Stapleton—present

Darany—present Jenkins—present Olson—present Switalski—present

Denby—present Johnson—present Olumba—present Talabi—present

Dillon—present Kandrevas—present Opsommer—present Tlaib—present

Durhal—present Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—present Outman—present Tyler—present

Forlini—present Kurtz—present Pettalia—present Walsh—present

Foster—present LaFontaine—present Poleski—present Womack—present

Franz—present Lane—present Potvin—present Yonker—present

Geiss—present LeBlanc—present Price—present Zorn—present

Genetski—present Lindberg—present

e/d/s = entered during session

Rep. Lisa Brown, from the 39th District, offered the following invocation:

“A Prayer for Children by Ina J. Hughes (an American school teacher), adapted by James Steyer:

We pray for children

who sneak popsicles before supper,

who erase holes in math workbooks,

who throw tantrums in the grocery store and pick at their food,

who like ghost stories,

who can never find their shoes.

And we pray for those

who stare at photographers from behind barbed wire,

who can’t bound down the street in a new pair of sneakers,

who are born in places we wouldn’t be caught dead in,

who never go to the circus,

who live in an X-rated world.

We pray for children

who sleep with the dog and bury the goldfish,

who bring us sticky kisses and fistfuls of dandelions,

who get visits from the tooth fairy,

who hug us in a hurry and forget their lunch money.

And we pray for those

who never get dessert,

who have no safe blanket to drag behind them,

who watch their parents watch them die,

who can’t find any bread to steal,

who don’t have any rooms to clean up,

whose pictures aren’t on anybody’s dresser,

whose monsters are real.

We pray for children

who spend all their allowance before Tuesday,

who shove dirty clothes under the bed, and never rinse out the tub,

who don’t like to be kissed in front of the carpool,

who squirm in church or temple and scream in the phone,

whose tears we sometimes laugh at and

whose smiles can make us cry.

And we pray for those

whose nightmares come in the daytime,

who will eat anything,

who have never seen a dentist,

who aren’t spoiled by anybody,

who go to bed hungry and cry themselves to sleep,

who live and move, but have no being.

We pray for children who want to be carried

and for those who must,

for those we never give up on and

for those who don’t get a second chance,

for those we smother…

and for those who will grab the hand of anybody kind enough to offer it.”

______

Rep. Segal moved that Reps. Jackson and Rutledge be excused from today’s session.

The motion prevailed.

Messages from the Senate

Senate Concurrent Resolution No. 5.

A concurrent resolution for the adoption of the Joint Rules of the Senate and House of Representatives.

Resolved by the Senate (the House of Representatives concurring), That the following rules be and are hereby adopted as the Joint Rules of the Senate and House of Representatives:

JOINT RULES OF THE

SENATE AND HOUSE OF REPRESENTATIVES

Transmission of Messages.

Rule 1. All messages necessary for conducting legislative business between the two houses shall be communicated in writing and electronically by the Secretary of the Senate and the Clerk of the House of Representatives.

Amendments.

Rule 2. It shall be in the power of either house to amend an amendment made by the other to any bill or resolution.

Conference Committees.

Rule 3. (a) The house not concurring in the amendments of the other house shall appoint conferees and notify the amending house of its action. The amending house shall request return of the bill or resolution or appoint conferees. The conference committee shall consist of three members from each house, to be appointed as each house may determine. The first named member of the house in which the bill or resolution originated shall be chairperson of the conference committee. Upon appointment of conferees by both houses, the bill or resolution shall be referred to the conference committee. When one house amends or substitutes a bill that has been returned for concurrence from the other house, but then non-concurs in that bill as amended or substituted, those amendments or that substitute shall not be referred to the conference committee. The conference committee shall serve until the conference report has been adopted by both houses or rejected by a house.

(b) The conference committee shall consist of committees of the two houses with those two committees voting separately while in conference. The adoption of a conference report shall require concurring majorities of the members of each house. The conference committees of the two houses shall vote separately while in conference. The majority of each committee shall constitute a quorum of each committee and shall determine the position to be taken toward the propositions of the conference committee. If the conferees agree, a report shall be made which shall be signed by at least a majority of the conferees of each house who were present and voted in the conference committee meeting to adopt the report. The bill or resolution, including the original signed conference report and three copies, shall be filed in the house of origin where the question shall be on the adoption of the conference report. If the conference report is adopted in the house of origin, the bill or resolution, including the original signed conference report, and two copies of the conference report shall be transmitted to the other house where the question shall be on the adoption of the conference report. If the conference report is adopted in the other house, the bill or resolution and the original signed copy of the conference report shall be returned to the house of origin and referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

Conference Committee Clerk.

Rule 4. The conference committee clerk shall be from the house of origin, who shall notify the Secretary of the Senate and the Clerk of the House of Representatives of all scheduled meetings for public posting and shall deliver written notice to each member of the conference committee and the majority and minority leaders of each house indicating the time and place of all scheduled meetings. Conference committees on appropriation bills may use fiscal agency personnel from the same house as the Chairperson for clerks.

Conference Report: Rejection.

Rule 5. If the conference report is rejected by the house of origin, it shall appoint second conferees and notify the other house of its action. The procedure shall then be the same as for an original conference.

If the conference report is rejected by the other house, it shall appoint second conferees, notify the house of origin of its action, and transmit the bill or resolution to the house of origin. Upon receipt of the bill or resolution, the house of origin shall appoint second conferees and refer the bill or resolution to the second conference committee. The procedure shall then be the same as for an original conference.

Disagreement of Conferees.

Rule 6. If the conferees are unable to agree, a report of that fact shall be made to both houses. The report, that the conferees were unable to agree, shall be signed by at least a majority of the conferees of each house who were present and voted in the conference committee meeting to adopt the report. The bill or resolution, including the original signed conference report that the conferees were unable to agree, and three copies shall be filed in the house of origin. Both houses shall appoint second conferees, and the house of origin shall refer the bill or resolution to the second conference committee. The procedure shall then be the same as for an original conference.

Second Conference: Failure.

Rule 7. When a second conference committee fails to reach agreement, or when a second conference report is rejected by either house, no further conference is in order.

Power of Conferees.

Rule 8. The conference committee shall not consider any matters other than the matters of difference between the two houses.

For all bills making appropriations, adoption of a substitute by either house shall not open identical provisions contained in the other house-passed version of the bill as a matter of difference; nor shall the adoption of a substitute by either house open provisions not contained in either house version of the bill as a matter of difference.

When the conferees arrive at an agreement on the matters of difference that affects other parts of the bill or resolution, the conferees may recommend amendments to conform with the agreement. In addition, the conferees may also recommend technical amendments to the other parts of the bill or resolution, such as, necessary date revisions, adjusting totals, cross-references, misspelling and punctuation corrections, conflict amendments for bills enacted into law, additional anticipated federal or other flow through funding, and corrections to any errors in the bill or resolution or the title.

Adoption of Conference Report.

Rule 9. Conference reports shall not be subject to amendments or division. The vote on conference reports shall be taken by “yeas” and “nays” and shall require the same number of votes constitutionally required for passage of the bill or adoption of the resolution. Conference reports shall not be considered until printed in the Journal. The Journal printing requirement may be suspended by a house by a majority vote in that house, provided that a copy of the conference report has been made available to each Member.

Conference Reports: Points of Order.

Rule 10. Points of order regarding conference reports shall be decided by the presiding officer, subject to an appeal, which appeal shall be determined by a majority vote. When a conference report is ruled out of order, the conference report is returned to the originating conference committee with instructions to eliminate from the report such matters as have been declared not within the powers of the conferees to consider.

Either House May Recede.

Rule 11. At any time while in possession of the bill or resolution, either house may recede from its position in whole or in part, and the bill or resolution upon request may be returned to the other house for that purpose. If this further action is agreed to by both houses, the bill or resolution shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

Correction of Errors.

Rule 12. If errors are found in a bill or resolution which has been passed or adopted by both houses, the house in which the bill or resolution originated may make amendments to correct the errors and shall notify the other house of its action. If the corrective amendments are agreed to by the other house, the corrected bill or resolution shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

In addition, the Secretary of the Senate and Clerk of the House of Representatives, as the case may be, shall correct obvious technical errors in the enrolled bill or resolution, including adjusting totals, misspellings, the omission or redundancy of grammatical articles, cross-references, punctuation, updating bill or resolution titles, capitalization, citation formats, and plural or singular word forms.

Bills and Joint Resolutions.

Rule 13. Upon introduction, no bill shall include catch lines, a severing clause, or a general repealing clause, as distinguished from a specific or an express repealing clause. The Secretary of the Senate and the Clerk of the House of Representatives shall delete such catch lines and clauses from all bills.

The same joint resolution shall not propose an amendment to the Constitution on more than one subject matter. However, more than one section of the Constitution may be included in the same joint resolution if the subject matter of each section is germane to the proposed amendment.

Yeas and Nays.

Rule 14. The yeas and nays shall be taken and printed in the Journal of the house taking action upon the passage or adoption of any bill, joint resolution, conference report, and amendments made by the other house to a bill or joint resolution.

No Members Present.

Rule 15. In the event the presiding officer and all members are absent on a day scheduled for meeting, the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, shall call that house to order at the designated time and announce the absence of a quorum. That house shall be declared adjourned until the succeeding legislative day and hour previously designated.

In any event where either or both houses of the Legislature adjourns to a date certain for more than two days, a committee composed of the Majority Leader of the Senate and the Speaker of the House of Representatives may, by a unanimous vote of that committee, convene either or both houses of the Legislature at any time in case of emergency.

If a gubernatorial appointment that is subject to the advice and consent process is made at a time such that 60 days would lapse during an extended recess of the Senate, the Senate Majority Leader may schedule a session of the Senate for the sole purpose of carrying out the Senate’s constitutional duties to advise and consent on gubernatorial appointments. No other action shall be taken by the Senate during session convened under this provision. The Senate Majority Leader shall notify the Secretary of the Senate at least 10 calendar days prior to the date of the scheduled session, and the Secretary of the Senate shall take all reasonable steps to notify the members of the Senate of the scheduled session.

Passage, Adoption, and Enrollment Printing.

Rule 16. Every bill passed or joint resolution adopted by both houses and returned to the house of origin shall forthwith be enrolled and signed by the Secretary of the Senate and the Clerk of the House of Representatives. Enrolled bills shall be presented to the Governor, and enrolled joint resolutions that propose an amendment to the Constitution shall be filed with the Secretary of State with a certificate attached to the effect that the joint resolution has been adopted by the Senate and House of Representatives, respectively, in accordance with the provisions of the Constitution. If the house having last passed the bill or adopted the joint resolution requests its return and such request is granted or a motion is made in the house of origin to amend errors in the bill or joint resolution or to give the bill immediate effect, the enrollment printing shall not occur.

Every bill, joint resolution, and concurrent resolution passed or adopted by either house shall be transmitted to the other house unless a motion for reconsideration is pending.

Immediate Effect.

Rule 17. Whenever both houses, by the constitutional vote, order that a bill take immediate effect, a statement shall be added at the enrollment of the bill in words to this effect: “This act is ordered to take immediate effect.”

Joint Resolutions.

Rule 18. Joint resolutions shall be used for the following purposes:

1. Amendments to the Constitution of Michigan.

2. Ratification of amendments to the Constitution of the United States submitted by the Congress.

3. Matters upon which power is solely vested in the Legislatures of the several states by the Constitution of the United States.

Joint resolutions proposing amendments to the Constitution of Michigan shall require a 2/3 vote of the members elected and serving in each house for adoption. Other joint resolutions shall require a majority of the members elected and serving in each house for adoption. All joint resolutions shall require a record roll call vote.

Veto Override: Filing with Secretary of State.

Rule 19. When a bill is passed by both houses over the objections of the Governor or a bill is not filed by the Governor with the Secretary of State within the constitutionally mandated 14-day period, and the Legislature continues in session, an official enrolled bill with a letter from the house of origin signed by the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, shall be filed with the Secretary of State for a public act number to be assigned. The letter shall certify that the Governor’s veto has been overridden by both houses of the Legislature or that the bill has not been returned within the specified time, as the case may be, in accordance with the provisions of the Constitution.

Section Numbers of Compiled Laws - Amendments.

Rule 20. The title of every bill to amend or repeal existing laws shall be clear and explicit so as to definitely fix what is proposed to be done. Such title shall refer to the act number and the year in which it was passed. If the bill was passed at an extra session of the Legislature, the title shall designate which extra session.

Such title shall contain the last title of the act it is proposed to amend. However, the short title (e.g., This act shall be known and may be cited as “The revised judicature act of 1961,”) shall be used in acts where it has been defined by legislative enactment. The title shall also contain the chapter, part numbers and compiler’s section numbers, if any, and the year of the compilation containing the same.

Following the passage of a bill with a short title, the house other than the house of origin shall replace the short title with the last full title of the act it is proposed to amend or repeal. Other corrective amendments to the title shall be made as may be necessary. The full title and amended title shall be agreed to by both houses.

When an amendment to a bill or a bill to amend an existing law is printed, words proposed to be added to such law shall be printed in upper case bold type, and the words to be omitted shall be printed in stricken-through type. This style requirement also applies to joint resolutions that amend the Constitution of Michigan.

All bills and joint resolutions introduced, amendments to joint resolutions, substitute bills and joint resolutions, and conference committee reports shall be approved as to form and section numbers by the Legislative Service Bureau.

Tie-bars.

Rule 21. A bill or resolution that is tie-barred to a request number shall not be considered for passage or adoption unless that tie-barred request item has been introduced. No bill or resolution shall be passed or adopted by either house until the tie-barred item has been designated in the appropriate blank space provided.

Elections in Joint Convention.

Rule 22. Whenever there is an election of any officer in joint convention, the result shall be certified by the President of the Senate and the Speaker of the House of Representatives. The results shall be announced by the presiding officers to their respective houses, printed in the Journal of each house, and communicated to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives.

Legislative Handbook.

Rule 23. The initial appointment of the standing committee members of the two houses shall be printed in their respective Journals as soon as possible after the announcement. The Secretary of the Senate and the Clerk of the House of Representatives shall prepare and have printed a legislative handbook containing these appointments and other information they deem appropriate.

Compensation.

Rule 24. Compensation for members, officers, and employees of the Legislature shall be delivered to the Secretary of the Senate or Clerk of the House of Representatives, as the case may be, and transmitted directly to the payee.

If the office of a member of the Legislature becomes vacant, the compensation for the elected successor shall begin on the date of his or her oath of office.

Committee Expenses.

Rule 25. No committee created by concurrent resolution shall incur expenses in excess of $2,500.00 unless authorized in the resolution creating that committee.

Final Adjournment of Regular Sessions.

Rule 26. In the regular session in each year, this rule for adjournment shall govern.

The Majority Floor Leader of the Senate and/or the Majority Floor Leader of the House of Representatives shall introduce a concurrent resolution providing for an adjournment schedule for the Legislature for that regular session.

Daily Adjournment.

Rule 27. Neither house shall remain in session on any legislative day beyond 12:00 midnight. If either house is in session at 12:00 midnight, the presiding officer shall declare that house adjourned until a fixed hour for meeting on the next legislative day. That house shall stand adjourned until the next fixed meeting time.

Pending Business.

Rule 28. Any business, bill, or joint resolution which has not been defeated by either house shall be considered pending under the provisions of Article 4, Section 13 of the Constitution.

It shall not be in order for either house, by suspension of rules or any other means, to reconsider in a subsequent year the vote by which any business, bill, joint resolution, or veto override was defeated in a previous year unless there is a pending motion to reconsider offered in the odd-numbered year.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

Rep. Byrum moved to amend the concurrent resolution as follows:

1. Amend the resolution, following rule 28, by inserting:

“Redistricting.

Rule 29. At least 6 statewide hearings must be held to consider any legislative decennial redistricting plan and for congressional redistricting following the release of the 2010 Census data by the U.S. Census Bureau. Of these hearings, at least 4 must be held outside of the Lansing area in regions representing the Upper Peninsula of Michigan, Northern Lower Michigan, Southeast Michigan, and Southwest Michigan. The statewide hearings must not start until at least 45 days after the 2010 Census data has been released.

The House and Senate shall create a website devoted to the redistricting process in which all contacts made regarding redistricting to any Member or staff of any Member must be posted electronically to the website within 24 hours of such contact. Any proposed legislative decennial redistricting and congressional redistricting plan(s) submitted by a Member, staff of any Member, or the public must also be posted electronically to the website within 24 hours of receipt or submission.

The House and Senate shall also broaden public participation in the redistricting process by soliciting redistricting plans from the public, including individual citizens of our state. The maps drawn by the public must be posted within 24 hours of receipt on the House and Senate redistricting website.

Legislation creating a legislative decennial redistricting and congressional redistricting plan(s) must not be reported out of any committee until at least 30 days after the last statewide hearing is held.”.

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

Rep. Byrum demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 3 Yeas—45

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Melton Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Kandrevas Olumba Tlaib

Constan Lane Santana Townsend

Darany LeBlanc Schmidt, R. Womack

Dillon

Nays—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

In The Chair: Bolger

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Foster, Hughes, Huuki, Walsh, Johnson, McBroom, O’Brien, Rendon, MacMaster, Agema, Price, Pscholka, Jenkins, Damrow, Cotter, McMillin, Kurtz, Haveman, Forlini, Horn, Barnett, Brown, Constan, Daley, Geiss, Heise, Hooker, Knollenberg, Liss, Lori, Ouimet, Rogers and Tyler offered the following resolution:

House Resolution No. 14.

A resolution to express support for the Attorney General’s efforts to accelerate federal government efforts to devise a plan to prevent Asian carp from invading the Great Lakes and to call on the Snyder administration and the Obama administration to take all necessary actions to prevent the invasion.

Whereas, The Great Lakes region continues to confront the imminent threat of an Asian carp invasion with potentially dire consequences. A successful invasion of the Great Lakes could have a devastating effect on the multibillion dollar Great Lakes fishing and boating industry and way of life on the Lakes; and

Whereas, The only long-term answer to preventing Asian carp and future invaders from entering the Great Lakes is preventing them from ever reaching the Lakes. The electrical barrier separating the Great Lakes basin from the Mississippi River basin has proven itself unreliable, protecting neither system from the exchange of aquatic invaders. The only reliable solution is the permanent separation of the basins by ending the man-made connection between them; and

Whereas, Michigan’s new Attorney General has recently committed to continue to lead the Great Lakes region’s fight against Asian carp. Michigan, with the backing of four other Great Lakes states, has fought in federal court for the permanent separation of the Great Lakes basin from the Mississippi River basin and called for the federal government to expedite its study of the problem; and

Whereas, Every moment lost in addressing the Asian carp threat is more time for them to gain a foothold in the Great Lakes. Four years is too long to wait for the federal government to study the problem and take decisive action. Once established, the Great Lakes states and the federal government face the prospect of decade upon decade of expensive government programs to control and manage carp; now, therefore, be it

Resolved by the House of Representatives, That we express support for the Michigan Attorney General’s efforts to accelerate federal government efforts to devise a plan to prevent Asian carp from invading the Great Lakes, and we call on the Snyder administration and the Obama administration to take all necessary actions to prevent the invasion; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the Michigan Attorney General, the President of the United States, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Reps. Hughes, Wayne Schmidt, Foster, Damrow, Barnett, Brown, Constan, Daley, Geiss, Heise, Hooker, Horn, Johnson, Knollenberg, Liss, Lori, MacMaster, Ouimet, Pscholka, Rogers and Tyler offered the following resolution:

House Resolution No. 15.

A resolution to urge the Congress of the United States to make every effort to expedite and fund the Great Lakes and Mississippi River Basin Interbasin Study and to ensure Asian carp do not invade the Great Lakes.

Whereas, Man-made channels in the Chicago Area Waterway System connect the Great Lakes to the Mississippi River. This artificial connection provides a pathway for aquatic invasive species in the Mississippi River system to enter the Great Lakes and vice-versa with the potential for severe ecological and economic impacts; and

Whereas, Asian carp may currently be using the man-made connections between the Great Lakes and Mississippi River system to successfully invade the Great Lakes and its tributaries. Asian carp represent one of the greatest, but also preventable threats, to the natural resources of the Great Lakes and to the way of life these resources support; and

Whereas, The U.S. Army Corps of Engineers is conducting a multi-year study to analyze the situation and recommend solutions. The Great Lakes and Mississippi River Interbasin Study (GLMRIS) has the potential to provide the definitive roadmap for preventing future invasions between the Great Lakes and Mississippi River system, not just a balancing of economic and environmental concerns; and

Whereas, The current threat from Asian carp is immediate and substantial. Every effort must be made to expedite this study, and every necessary action taken to prevent Asian carp from invading the Great Lakes and its tributaries while we await the results of this study. Each day lost is additional time for Asian carp and other invasive species to become established and permanently change life on the Great Lakes or the Mississippi River system; and

Whereas, Fully funding the study over the course of its work is imperative to resolving the current Asian carp crisis and preventing future invasions. While funding is available for 2011, failure to fully fund the GLMRIS in future years could lead to delays in completing the study when time is of the utmost importance; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to make every effort to expedite and fund the Great Lakes and Mississippi River Basin Interbasin Study and to ensure Asian carp do not invade the Great Lakes; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Reps. Damrow, Wayne Schmidt, Barnett, Brown, Constan, Daley, Geiss, Heise, Hooker, Horn, Johnson, Knollenberg, Liss, Lori, MacMaster, Ouimet, Pscholka, Rogers and Tyler offered the following resolution:

House Resolution No. 16.

A resolution to urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem.

Whereas, Michigan has been a leader in the fight to keep invasive species out of the Great Lakes. Michigan was the first state to require ocean-going ships to kill invasive species in ballast water before it is discharged in state waters. It successfully defended in federal court a state’s right to protect its waters, opening the door to state ballast water regulations throughout the Great Lakes region; and

Whereas, Asian carp are on the verge of invading the Great Lakes. Asian carp have been detected within eight miles of Lake Michigan and are already past the electrical barrier in the Chicago Sanitary and Ship Canal designed to stop them; and

Whereas, If allowed to enter the Great Lakes, Asian carp could become a dominant species in the lakes, further disrupting the ecological balance and threatening fishing and boating on the lakes. Asian carp are voracious feeders that would push out native fish and wildlife. Furthermore, silver carp, one of the two Asian carp species, can jump up to 10 feet out of the water when startled by boats, leading to well-documented injuries to boaters hit by fish weighing up to 70 pounds; and

Whereas, Immediate and decisive action is required to protect the $7 billion Great Lake commercial and recreational fishery and the $9 billion Great Lakes recreational boating industry. The Asian carp threat is imminent, and the time for half-hearted efforts and investigations has passed. Without a quick and strong response, such as the closure of navigation locks, the efforts of Michigan, the other Great Lakes states, and the federal government will be wasted, and a national treasure will be irrevocably changed; now, therefore, be it

Resolved by the House of Representatives, That we urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the U.S. Army Chief of Engineers, the Division Commander of the U.S. Army Corps of Engineers’ Great Lakes and Ohio River Division, and the District Commander of the U.S. Army Corps of Engineers’ Chicago District.

The resolution was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Reps. Johnson, Hughes, Huuki, Walsh, Damrow, Kurtz, Bumstead, Haveman, Jenkins, Ouimet, McBroom, Horn, Wayne Schmidt, Rendon, Zorn, Haines, LaFontaine, Cotter, MacMaster, Potvin, Daley, Lori, Tyler, Kowall, Rogers, Forlini, Shaughnessy, Franz, Somerville, Opsommer, Barnett, Brown, Constan, Geiss, Heise, Hooker, Knollenberg, Liss and Pscholka offered the following concurrent resolution:

House Concurrent Resolution No. 3.

A concurrent resolution to express support for the Attorney General’s efforts to accelerate federal government efforts to devise a plan to prevent Asian carp from invading the Great Lakes and to call on the Snyder administration and the Obama administration to take all necessary actions to prevent the invasion.

Resolved by the House of Representatives (the Senate concurring), That we express support for the Michigan Attorney General’s efforts to accelerate federal government efforts to devise a plan to prevent Asian carp from invading the Great Lakes, and we call on the Snyder administration and the Obama administration to take all necessary actions to prevent the invasion; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the Michigan Attorney General, the President of the United States, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Thursday, January 27:

House Bill Nos. 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151

4152 4153 4154 4155 4156 4157

House Joint Resolutions G H I

Senate Bill Nos. 67 68 69 70 71 72 73 74 75 76

Senate Joint Resolution D

The Clerk announced that the following Senate bill had been received on Thursday, January 27:

Senate Bill No. 22

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 27, 2011

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Scott, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Stallworth, Darany, Segal, Womack and Hovey-Wright

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:

Meeting held on: Thursday, January 27, 2011

Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Stapleton and Lane

Absent: Rep. Rutledge

Excused: Rep. Rutledge

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 27, 2011

Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze and Geiss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 27, 2011

Present: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Messages from the Senate

Senate Bill No. 22, entitled

A bill to amend 1988 PA 418, entitled “Uniform statutory rule against perpetuities,” by amending section 5 (MCL 554.75), as amended by 2008 PA 149.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Lyons, Bumstead, Knollenberg, Agema, Cotter, Ouimet, MacGregor, Haveman, O’Brien, Moss, Haines, Crawford, Callton, Kowall, Franz, Kurtz, Farrington, Gilbert, Olson, Zorn, Outman, Glardon, Price, Wayne Schmidt, Foster, Heise, Tyler, Potvin, Yonker, Somerville, Poleski, Forlini, Lund and MacMaster introduced

House Bill No. 4158, entitled

A bill to regulate certain pricing of consumer items and the advertising of consumer items, services, goods, merchandise, and commodities; to prescribe the powers and duties of certain state and local officials; to provide remedies and penalties; and to repeal acts and parts of acts.

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

Reps. Lund, Stamas, MacMaster, Johnson, Olson, Franz, LaFontaine, Genetski, Scott, Wayne Schmidt, Agema, Somerville, Knollenberg, Ouimet, Lori, Shirkey, Poleski, Forlini, Hughes, McMillin, Haveman, Walsh, Damrow, Bumstead, Gilbert, Potvin, Hooker, Yonker, Farrington, Price, Huuki, Tyler, Crawford, Cotter, Horn, Haines, Lyons and Moss introduced

House Bill No. 4159, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 35 (MCL 38.35), as added by 2010 PA 185.

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

Reps. Wayne Schmidt, Scott, Haveman, Hughes, Foster, Pscholka, Bumstead, Jacobsen, Horn, MacMaster, Pettalia, Stanley, Dillon, Haugh, Bledsoe and Potvin introduced

House Bill No. 4160, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88b (MCL 125.2088b), as amended by 2010 PA 271.

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

______

Rep. Switalski moved that the House adjourn.

The motion prevailed, the time being 12:40 p.m.

The Speaker declared the House adjourned until Tuesday, February 1, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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