No. 31
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2005
House Chamber, Lansing, Wednesday, April 20, 2005.
1:00 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Emmons--present Leland--present Robertson--present
Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present
Adamini--present Farhat--present Lemmons, Jr.--present Sak--present
Amos--present Farrah--present Lipsey--present Schuitmaker--present
Anderson--present Gaffney--present Marleau--present Shaffer--present
Angerer--present Garfield--present Mayes--present Sheen--present
Ball--present Gillard--present McConico--present Sheltrown--present
Baxter--present Gleason--present McDowell--present Smith, Alma--present
Bennett--excused Gonzales--present Meisner--present Smith, Virgil--excused
Bieda--present Gosselin--present Meyer--present Spade--present
Booher--present Green--present Miller--present Stahl--present
Brandenburg--present Hansen--present Moolenaar--present Stakoe--present
Brown--present Hildenbrand--present Moore--present Steil--present
Byrnes--present Hood--present Mortimer--present Stewart--present
Byrum--present Hoogendyk--present Murphy--present Taub--present
Casperson--present Hopgood--present Newell--present Tobocman--present
Caswell--present Huizenga--present Nitz--present Vagnozzi--present
Caul--present Hummel--present Nofs--present Van Regenmorter--present
Cheeks--present Hune--present Palmer--present Vander Veen--present
Clack--present Hunter--present Palsrok--present Walker--present
Clemente--present Jones--present Pastor--present Ward--present
Condino--present Kahn--excused Pavlov--present Waters--present
Cushingberry--present Kehrl--present Pearce--present Wenke--present
DeRoche--present Kolb--present Phillips--present Whitmer--present
Dillon--present Kooiman--present Plakas--present Williams--present
Donigan--present LaJoy--present Polidori--present Wojno--present
Drolet--present Law, David--present Proos--present Zelenko--present
Elsenheimer--present Law, Kathleen--present
e/d/s = entered during session
Rep. Scott Hummel, from the 93rd District, offered the following invocation:
"Praise the Lord, Praise the Lord oh my soul. I will praise the Lord as long as I live. I will sing praises to my God while I have being.
Heavenly Father, I am thankful that we can stand here today, in this chamber, and engage in discussion, debate, and decision making on behalf of the people of Michigan, what an incredible privilege. I am more thankful still that what we do here today is not final, or eternally binding upon the citizens we represent.
Lord, our finite nature requires us to ask You to lend us Your wisdom this day. Lord, don't let our memories grow short. Don't let us forget all whose lives have been sacrificed to give us the opportunity to make the simple decisions we make today. Lord, I pray for the Kieffer family who lost a father, a son or who lost a husband. I pray that You be with them today. Thank You for his service to us that we could be here today.
Lord, don't let us trample intentionally or inadvertently upon our most precious gift of liberty. Let us always be mindful that even our ability to disagree is the result of our freedom. It's because of that freedom that we are here and we praise You for that O Lord, in Jesus' name, Amen."
______
The Speaker called the Speaker Pro Tempore to the Chair.
Rep. Palmer moved that Rep. Kahn be excused from today's session.
The motion prevailed.
Rep. Sak moved that Rep. Bennett be excused from this week's session.
The motion prevailed.
Rep. Sak moved that Rep. Virgil Smith be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Committee on Energy and Technology, by Rep. Nofs, Chair, reported
House Concurrent Resolution No. 8.
A concurrent resolution to urge the United States Nuclear Regulatory Commission to extend the operating license of the Palisades Nuclear Power Plant.
(For text of concurrent resolution, see House Journal No. 27, p. 383.)
With the recommendation that the concurrent resolution be adopted.
The concurrent resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Nofs, Proos, Emmons, Garfield, LaJoy, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Dillon, Mayes, Hopgood and Clemente
Nays: None
The Committee on Energy and Technology, by Rep. Nofs, Chair, reported
House Concurrent Resolution No. 9.
A concurrent resolution to urge the United States Nuclear Regulatory Commission to extend the operating license of the D.C. Cook Nuclear Power Plant.
(For text of concurrent resolution, see House Journal No. 27, p. 384.)
With the recommendation that the concurrent resolution be adopted.
The concurrent resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Nofs, Proos, Emmons, Garfield, LaJoy, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Dillon, Mayes, Hopgood and Clemente
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nofs, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, April 20, 2005
Present: Reps. Nofs, Proos, Emmons, Garfield, LaJoy, Palsrok, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Dillon, Murphy, Mayes, Hopgood and Clemente
Absent: Reps. Drolet, Huizenga and Hunter
Excused: Reps. Drolet, Huizenga and Hunter
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4528, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2004 PA 458.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Van Regenmorter, Schuitmaker, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Bieda
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, April 20, 2005
Present: Reps. Van Regenmorter, Schuitmaker, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico and Bieda
Absent: Reps. Newell, Adamini and Virgil Smith
Excused: Reps. Newell, Adamini and Virgil Smith
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 4118, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1318.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Miller, Angerer and Kehrl
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, April 20, 2005
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Kehrl and Clack
Absent: Rep. Virgil Smith
Excused: Rep. Virgil Smith
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wenke, Chair, of the Committee on Higher Education and Career Preparation, was received and read:
Meeting held on: Tuesday, April 19, 2005
Present: Reps. Wenke, Emmons, Palmer, Ward, Byrnes, Lipsey and Kehrl
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, April 20, 2005
Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Condino, Bieda, Farrah, Zelenko, Miller and Meisner
Absent: Rep. Bennett
Excused: Rep. Bennett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gaffney, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Wednesday, April 20, 2005
Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Absent: Reps. Kahn and Murphy
Excused: Reps. Kahn and Murphy
Communications from State Officers
The following communication from the Department of Community Health was received and read:
April 14, 2005
Enclosed, please find the Michigan Department of Community Health, Bureau of Health Professions', Report to the Legislature, Reporting Period: April 1, 2003 to September 30, 2004. Section 333.16241(8) of the Michigan Public Health Code requires that the department submit an annual report to the Legislature on disciplinary actions taken under articles 7 and 15 of the Public Health Code.
Please be advised that in the past, the annual report to the Legislature covered the period of April 1 through March 31. The selection of that time frame was based on the effective date of the amendatory act that established the reporting requirement. However, during our most recent performance audit by the Office of Auditor General, it was noted that all other statistical reports generated by the Bureau of Health Professions are based on this fiscal year. Therefore, based on the recommendation of the Office of Auditor General, we will submit all reports for the same time period to eliminate duplication and inefficient use of resources.
In order to transition to the new reporting period, the Bureau of Health Professions has generated an 18-month report, covering the period from April 1, 2003 through September 30, 2004. Our next report will cover the period from October 1, 2004 through September 30, 2005.
Sincerely,
Jan Christensen, Deputy Director
Health Policy, Regulation and Professions Administration
The communication was referred to the Clerk.
The following communication from the Auditor General was received and read:
April 19, 2005
Enclosed is a copy of the following audit report and/or report summary:
Performance audit of the Environmental Response and Redevelopment Programs,
Department of Environmental Quality
April 2005
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.
Introduction of Bills
Reps. Hildenbrand, Accavitti, Drolet, Huizenga, Stahl, Palsrok, Gosselin, Murphy, Gonzales, Cushingberry, Elsenheimer, Wenke, Garfield, Marleau, Brandenburg, LaJoy, David Law, Pearce, Green, Hansen, Sheen, Hoogendyk, Pavlov, Farhat, Baxter, Jones, Moolenaar, Steil, Taub, Robertson, Nitz, Mortimer, Vander Veen, Proos, Caul, Stakoe, Ward, Palmer, DeRoche, Hummel, Kooiman and Lemmons, III introduced
House Bill No. 4636, entitled
A bill to amend 1976 PA 449, entitled "An act to regulate the pricing of consumer items and the advertising of consumer items, services, goods, merchandise, commodities, and real property; to prescribe the powers and duties of certain state and local officials in relation thereto; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 1 and 3 (MCL 445.351 and 445.353) and by adding sections 3a and 3b.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Cushingberry, Lemmons, III, Waters, Lemmons, Jr., Virgil Smith, Leland, Cheeks, Gaffney and Tobocman introduced
House Bill No. 4637, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 417a (MCL 380.417a), as amended by 2004 PA 303.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Garfield introduced
House Bill No. 4638, entitled
A bill to amend 1980 PA 523, entitled "Michigan code of military justice of 1980," by amending sections 2, 3, 4, 7, 8, 9, 13, 14, 15, 16, 25, 26, 27, 29, 80, 84, 85, 92, 94, 99, 103, 105, 107, 108, 112, 113, 132, and 134 (MCL 32.1002, 32.1003, 32.1004, 32.1007, 32.1008, 32.1009, 32.1013, 32.1014, 32.1015, 32.1016, 32.1025, 32.1026, 32.1027, 32.1029, 32.1080, 32.1084, 32.1085, 32.1092, 32.1094, 32.1099, 32.1103, 32.1105, 32.1107, 32.1108, 32.1112, 32.1113, 32.1132, and 32.1134), section 16 as amended by 1990 PA 300, and by adding sections 50a, 88, 109, and 121.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.
Reps. Waters, Sak, Virgil Smith, Gonzales, Cushingberry, Byrum, McConico, Hopgood, Alma Smith, Williams, Zelenko, Lipsey, Meisner, Miller, Hood, Bieda, Leland, Plakas, Kathleen Law, Adamini, Donigan, Murphy, Clack, Farrah, Lemmons, Jr., Vagnozzi, Phillips and Lemmons, III introduced
House Bill No. 4639, entitled
A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending section 1 (MCL 423.201), as amended by 1999 PA 204.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.
Reps. Virgil Smith and Cushingberry introduced
House Bill No. 4640, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 37a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Adamini, Brown, Wojno, Whitmer, Palsrok, Casperson, Gleason, McDowell, Gillard, Gaffney, Accavitti, Bieda, Vagnozzi, Elsenheimer, Hansen, Hopgood, Kathleen Law, Tobocman, Meisner, Kolb, Lipsey, Sheltrown, Byrnes, Plakas and Alma Smith introduced
House Bill No. 4641, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding sections 413 and 526.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Jones, LaJoy, Baxter, Stewart, Elsenheimer, Rocca, Robertson, Sheltrown, Steil, Garfield, Acciavatti, Pearce, Wenke, Palsrok, Hummel, Hansen, Gosselin, Booher, Polidori, Stahl, Cushingberry, Anderson, Hune, Nofs, Farhat, Vander Veen, Ball and Moolenaar introduced
House Bill No. 4642, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 12 (MCL 28.432), as amended by 2004 PA 99.
The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
Reps. Jones, LaJoy, Baxter, Stewart, Elsenheimer, Rocca, Robertson, Sheltrown, Steil, Garfield, Acciavatti, Pearce, Wenke, Palsrok, Hummel, Hansen, Gosselin, Booher, Polidori, Stahl, Cushingberry, Anderson, Hune, Nofs, Farhat, Vander Veen, Ball and Moolenaar introduced
House Bill No. 4643, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.
The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
______
Rep. Waters moved that Rep. Lemmons, III be excused temporarily from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Zelenko be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
Senate Concurrent Resolution No. 13.
A concurrent resolution to increase the total project cost of the General Campus Renovations project at St. Clair Community College.
(For text of concurrent resolution, see House Journal No. 27, p. 389.)
(The concurrent resolution was reported by the Committee on Appropriations on April 19, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 67 Yeas--105
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, Jr. Rocca
Amos Farrah Lipsey Sak
Anderson Gaffney Marleau Schuitmaker
Angerer Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bieda Gonzales Meisner Smith, Alma
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer
Nays--0
In The Chair: Kooiman
______
Rep. Miller moved that Rep. Brown be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 4447, entitled
A bill to amend 2004 PA 403, entitled "Michigan boxing regulatory act," by amending sections 11, 31, 33, 34, 47, 48, and 54 (MCL 338.3611, 338.3631, 338.3633, 338.3634, 338.3647, 338.3648, and 338.3654).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 68 Yeas--103
Accavitti Espinoza Lemmons, III Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Farrah Lipsey Sak
Amos Gaffney Marleau Schuitmaker
Anderson Garfield Mayes Shaffer
Angerer Gillard McConico Sheen
Ball Gleason McDowell Sheltrown
Baxter Gonzales Meisner Smith, Alma
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brandenburg Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kehrl Pastor Ward
Cushingberry Kolb Pavlov Waters
DeRoche Kooiman Pearce Wenke
Dillon LaJoy Phillips Whitmer
Donigan Law, David Plakas Williams
Elsenheimer Law, Kathleen Polidori Wojno
Emmons Leland Proos
Nays--2
Drolet Gosselin
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4008, entitled
A bill to amend 1972 PA 251, entitled "An act to provide for the reciprocal exchange of educational services between this state and other states; to provide for reduced or waived tuition, and to designate the state agency for negotiating agreements," by amending sections 1, 3, and 4 (MCL 390.501, 390.503, and 390.504).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 69 Yeas--106
Accavitti Emmons Leland Proos
Acciavatti Espinoza Lemmons, III Robertson
Adamini Farhat Lemmons, Jr. Rocca
Amos Farrah Lipsey Sak
Anderson Gaffney Marleau Schuitmaker
Angerer Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason McDowell Sheltrown
Bieda Gonzales Meisner Smith, Alma
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Huizenga Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen
Nays--0
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1972 PA 251, entitled "An act to provide for the reciprocal exchange of educational services between this state and other states; to provide for reduced or waived tuition, and to designate the state agency for negotiating agreements," by amending sections 1, 2, 3, 4, and 5 (MCL 390.501, 390.502, 390.503, 390.504, and 390.505).
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4275, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 477 (MCL 168.477), as amended by 1999 PA 219.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 70 Yeas--57
Acciavatti Garfield Meyer Rocca
Amos Gosselin Moolenaar Schuitmaker
Ball Green Moore Shaffer
Baxter Hansen Mortimer Sheen
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Casperson Huizenga Nofs Steil
Caswell Hummel Palmer Stewart
Caul Hune Palsrok Taub
DeRoche Jones Pastor Van Regenmorter
Drolet Kooiman Pavlov Vander Veen
Elsenheimer LaJoy Pearce Walker
Emmons Law, David Proos Ward
Farhat Marleau Robertson Wenke
Gaffney
Nays--49
Accavitti Dillon Law, Kathleen Plakas
Adamini Donigan Leland Polidori
Anderson Espinoza Lemmons, III Sak
Angerer Farrah Lemmons, Jr. Sheltrown
Bieda Gillard Lipsey Smith, Alma
Brown Gleason Mayes Spade
Byrnes Gonzales McConico Tobocman
Byrum Hood McDowell Vagnozzi
Cheeks Hopgood Meisner Waters
Clack Hunter Miller Whitmer
Clemente Kehrl Murphy Williams
Condino Kolb Phillips Wojno
Cushingberry
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Notices
Rep. Plakas, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 64-66. Had I been present, I would have voted 'yea' on Roll Call Nos. 64 and 65 and 'nay' on Roll Call No. 66."
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 4325, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Gaffney moved to amend the bill as follows:
1. Amend page 5, line 5, after "STUDIES" by inserting "THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE".
2. Amend page 5, line 9, after "STUDIES" by inserting "THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE".
3. Amend page 5, following line 9, by inserting:
"(6) THIS SECTION DOES NOT REQUIRE NEW OR ADDITIONAL THIRD PARTY REIMBURSEMENT OR MANDATED WORKER'S COMPENSATION BENEFITS FOR SERVICES RENDERED BY AN INDIVIDUAL AUTHORIZED TO CONDUCT ELECTRODIAGNOSTIC STUDIES UNDER THIS SECTION.".
4. Amend page 7, line 25, after "STUDIES" by inserting "THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE".
5. Amend page 8, line 2, after "STUDIES" by inserting "THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE".
6. Amend page 8, following line 2, by inserting:
"(6) THIS SECTION DOES NOT REQUIRE NEW OR ADDITIONAL THIRD PARTY REIMBURSEMENT OR MANDATED WORKER'S COMPENSATION BENEFITS FOR SERVICES RENDERED BY AN INDIVIDUAL AUTHORIZED TO CONDUCT ELECTRODIAGNOSTIC STUDIES UNDER THIS SECTION.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Vander Veen moved to amend the bill as follows:
1. Amend page 4, line 22, after "AND" by striking out the balance of the subsection and inserting "HAS SUCCESSFULLY COMPLETED ADDITIONAL TRAINING IN THE PERFORMANCE AND INTERPRETATION OF ELECTRODIAGNOSTIC STUDIES THAT IS SATISFACTORY TO HIS OR HER RESPECTIVE BOARD MAY CONDUCT ELECTRODIAGNOSTIC STUDIES THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE.".
2. Amend page 7, line 15, after "AND" by striking out the balance of the subsection and inserting "HAS SUCCESSFULLY COMPLETED ADDITIONAL TRAINING IN THE PERFORMANCE AND INTERPRETATION OF ELECTRODIAGNOSTIC STUDIES THAT IS SATISFACTORY TO HIS OR HER RESPECTIVE BOARD MAY CONDUCT ELECTRODIAGNOSTIC STUDIES THAT ARE WITHIN HIS OR HER SCOPE OF PRACTICE.".
The question being on the adoption of the amendments offered by Rep. Vander Veen,
Rep. Vander Veen demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Vander Veen,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 71 Yeas--31
Acciavatti Drolet Huizenga Sheen
Ball Emmons Hummel Smith, Alma
Baxter Espinoza Kooiman Stakoe
Brandenburg Garfield McDowell Steil
Byrnes Gosselin Palmer Vagnozzi
Casperson Green Pastor Vander Veen
Caswell Hildenbrand Pearce Wenke
Caul Hoogendyk Shaffer
Nays--74
Adamini Gaffney Marleau Proos
Amos Gillard Mayes Robertson
Anderson Gleason McConico Rocca
Angerer Gonzales Meisner Sak
Bieda Hansen Meyer Schuitmaker
Booher Hood Miller Sheltrown
Brown Hopgood Moolenaar Spade
Byrum Hune Moore Stahl
Cheeks Hunter Mortimer Stewart
Clack Jones Murphy Taub
Clemente Kehrl Newell Tobocman
Condino Kolb Nitz Van Regenmorter
Cushingberry LaJoy Nofs Walker
DeRoche Law, David Palsrok Ward
Dillon Law, Kathleen Pavlov Waters
Donigan Leland Phillips Whitmer
Elsenheimer Lemmons, III Plakas Williams
Farhat Lemmons, Jr. Polidori Wojno
Farrah Lipsey
In The Chair: Kooiman
Rep. Mortimer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4325, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed for the day.
The motion prevailed.
Second Reading of Bills
House Bill No. 4560, entitled
A bill to amend 1945 PA 72, entitled "An act to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious plant diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts," by amending the title and section 9 (MCL 286.259) and by adding section 10.
The bill was read a second time.
Rep. Moore moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Waters moved that Rep. Cushingberry be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4560, entitled
A bill to amend 1945 PA 72, entitled "An act to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious plant diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts," by amending the title and section 9 (MCL 286.259) and by adding section 10.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 72 Yeas--99
Accavitti Espinoza Lemmons, Jr. Robertson
Acciavatti Farhat Lipsey Rocca
Adamini Farrah Marleau Sak
Anderson Gaffney Mayes Schuitmaker
Angerer Garfield McConico Shaffer
Ball Gillard McDowell Sheen
Baxter Gleason Meisner Sheltrown
Bieda Gonzales Meyer Smith, Alma
Booher Hansen Miller Spade
Brandenburg Hildenbrand Moolenaar Stahl
Brown Hood Moore Stakoe
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caul Hune Nitz Vagnozzi
Cheeks Hunter Nofs Van Regenmorter
Clack Jones Palmer Vander Veen
Clemente Kehrl Palsrok Walker
Condino Kolb Pastor Ward
DeRoche Kooiman Pavlov Waters
Dillon LaJoy Pearce Wenke
Donigan Law, David Phillips Whitmer
Drolet Law, Kathleen Plakas Williams
Elsenheimer Leland Polidori Wojno
Emmons Lemmons, III Proos
Nays--6
Amos Gosselin Hummel Steil
Caswell Green
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 4562, entitled
A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," (MCL 286.201 to 286.226) by amending the title, as amended by 1984 PA 88, and by adding sections 28 and 29.
The bill was read a second time.
Rep. Newell moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4562, entitled
A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," (MCL 286.201 to 286.226) by amending the title, as amended by 1984 PA 88, and by adding sections 28 and 29.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 73 Yeas--98
Accavitti Espinoza Lipsey Robertson
Acciavatti Farhat Marleau Rocca
Adamini Farrah Mayes Sak
Anderson Gaffney McConico Schuitmaker
Angerer Gillard McDowell Shaffer
Ball Gleason Meisner Sheen
Baxter Gonzales Meyer Sheltrown
Bieda Hansen Miller Smith, Alma
Booher Hildenbrand Moolenaar Spade
Brandenburg Hood Moore Stahl
Brown Hoogendyk Mortimer Stakoe
Byrnes Hopgood Murphy Stewart
Byrum Huizenga Newell Taub
Casperson Hune Nitz Tobocman
Caul Hunter Nofs Vagnozzi
Cheeks Jones Palmer Van Regenmorter
Clack Kehrl Palsrok Vander Veen
Clemente Kolb Pastor Walker
Condino Kooiman Pavlov Ward
DeRoche LaJoy Pearce Waters
Dillon Law, David Phillips Wenke
Donigan Law, Kathleen Plakas Whitmer
Drolet Leland Polidori Williams
Elsenheimer Lemmons, III Proos Wojno
Emmons Lemmons, Jr.
Nays--7
Amos Garfield Green Steil
Caswell Gosselin Hummel
In The Chair: Kooiman
The House agreed to the title of the bill.
Reps. McConico, Anderson, Kolb, Lipsey, Kooiman, Hunter, Tobocman, Bieda, Condino, Vagnozzi, DeRoche, Accavitti, Hune, Gleason, Nofs, Ward, Nitz, Moolenaar, Palsrok, Ball, Booher, Caul, Cheeks, Clemente, Elsenheimer, Espinoza, Gonzales, Hansen, Kehrl, Lemmons, III, Lemmons, Jr., Mayes, Moore, Pavlov, Polidori, Proos, Schuitmaker, Sheltrown, Alma Smith and Spade were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4567, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2002 PA 421.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Booher moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Waters moved that Rep. Williams be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Rep. Drolet be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4567, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2002 PA 421.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 74 Yeas--97
Accavitti Farhat Lemmons, Jr. Proos
Acciavatti Farrah Lipsey Robertson
Adamini Gaffney Marleau Rocca
Anderson Gillard Mayes Sak
Angerer Gleason McConico Schuitmaker
Ball Gonzales McDowell Shaffer
Baxter Green Meisner Sheen
Bieda Hansen Meyer Sheltrown
Booher Hildenbrand Miller Smith, Alma
Brandenburg Hood Moolenaar Spade
Brown Hoogendyk Moore Stahl
Byrnes Hopgood Mortimer Stakoe
Byrum Huizenga Murphy Stewart
Casperson Hune Newell Taub
Caul Hunter Nitz Tobocman
Cheeks Jones Nofs Vagnozzi
Clack Kehrl Palmer Van Regenmorter
Clemente Kolb Palsrok Vander Veen
Condino Kooiman Pastor Walker
DeRoche LaJoy Pavlov Ward
Dillon Law, David Pearce Waters
Donigan Law, Kathleen Phillips Wenke
Elsenheimer Leland Plakas Whitmer
Emmons Lemmons, III Polidori Wojno
Espinoza
Nays--6
Amos Garfield Hummel Steil
Caswell Gosselin
In The Chair: Kooiman
The House agreed to the title of the bill.
Reps. McConico, Anderson, Phillips, Kolb, Kooiman, Newell, Gaffney, Hunter, Tobocman, Bieda, Wojno, Condino, Vagnozzi, Accavitti, Gleason, Nofs, Wenke, Ward, Nitz, Huizenga, Farhat, Moolenaar, Palsrok, Dillon, Ball, Caul, Cheeks, Clemente, Donigan, Elsenheimer, Espinoza, Gonzales, Hansen, Kehrl, Lemmons, III, Lemmons, Jr., Marleau, Mayes, Moore, Pavlov, Polidori, Proos, Sheltrown and Spade were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4613, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8801 (MCL 600.8801), as amended by 2000 PA 80.
The bill was read a second time.
Rep. Caul moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
The House returned to the consideration of
House Bill No. 4325, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.
(The bill was considered earlier today, see today's Journal p. 460.)
Rep. Ward moved to reconsider the vote by which the House postponed the bill for the day.
The motion prevailed, a majority of the members present voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 75 Yeas--80
Accavitti Farhat Law, Kathleen Proos
Adamini Farrah Leland Robertson
Amos Gaffney Lemmons, III Rocca
Anderson Garfield Lemmons, Jr. Sak
Angerer Gillard Lipsey Schuitmaker
Baxter Gleason Marleau Shaffer
Bieda Gonzales McConico Sheen
Booher Green Meisner Sheltrown
Brandenburg Hansen Meyer Spade
Brown Hildenbrand Miller Stahl
Byrum Hood Moolenaar Stewart
Caswell Hopgood Mortimer Taub
Cheeks Hummel Murphy Tobocman
Clack Hune Newell Van Regenmorter
Clemente Hunter Nitz Walker
Condino Jones Nofs Ward
DeRoche Kehrl Palsrok Waters
Dillon Kolb Pavlov Wenke
Elsenheimer LaJoy Phillips Whitmer
Emmons Law, David Polidori Wojno
Nays--23
Acciavatti Espinoza McDowell Smith, Alma
Ball Gosselin Moore Stakoe
Byrnes Hoogendyk Palmer Steil
Casperson Huizenga Pastor Vagnozzi
Caul Kooiman Pearce Vander Veen
Donigan Mayes Plakas
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Ward moved that House Bill No. 4613 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4613, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8801 (MCL 600.8801), as amended by 2000 PA 80.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 76 Yeas--96
Accavitti Espinoza Lemmons, Jr. Proos
Acciavatti Farhat Lipsey Robertson
Adamini Farrah Marleau Rocca
Anderson Gaffney Mayes Sak
Angerer Gillard McConico Schuitmaker
Ball Gleason McDowell Shaffer
Baxter Gonzales Meisner Sheen
Bieda Hansen Meyer Sheltrown
Booher Hildenbrand Miller Smith, Alma
Brandenburg Hood Moolenaar Spade
Brown Hoogendyk Moore Stahl
Byrnes Hopgood Mortimer Stakoe
Byrum Huizenga Murphy Stewart
Casperson Hune Newell Taub
Caul Hunter Nitz Tobocman
Cheeks Jones Nofs Vagnozzi
Clack Kehrl Palmer Van Regenmorter
Clemente Kolb Palsrok Vander Veen
Condino Kooiman Pastor Walker
DeRoche LaJoy Pavlov Ward
Dillon Law, David Pearce Waters
Donigan Law, Kathleen Phillips Wenke
Elsenheimer Leland Plakas Whitmer
Emmons Lemmons, III Polidori Wojno
Nays--7
Amos Garfield Green Steil
Caswell Gosselin Hummel
In The Chair: Kooiman
The House agreed to the title of the bill.
______
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Gillard, Kathleen Law, Byrum, Waters, Whitmer, Accavitti, Cushingberry, Donigan, Clack, Gleason, Vagnozzi, Anderson, Bieda, Mayes, Tobocman, Byrnes, Kolb, Lemmons, III, Adamini, Ball, Booher, Brown, Cheeks, Clemente, Condino, Espinoza, Farrah, Gonzales, Hildenbrand, Hopgood, Kehrl, Leland, Lemmons, Jr., Lipsey, McConico, McDowell, Meisner, Miller, Murphy, Palsrok, Phillips, Plakas, Polidori, Sak, Sheltrown, Alma Smith, Spade, Wojno and Zelenko offered the following concurrent resolution:
House Concurrent Resolution No. 11.
A concurrent resolution to urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law.
Whereas, Great Lakes waters are among the most valuable natural resources in the world, vital to the economy and environment of the state; and
Whereas, more than 160 species of aquatic invasive plants and animals have been introduced into the Great Lakes. Several species, including the sea lamprey, zebra mussel, round goby, and purple loosestrife, have impaired Michigan's environment, affecting recreational and commercial fishing, beaches, municipal and industrial water supplies, coastal habitat, and fundamental ecosystems in the Great Lakes; and
Whereas, Many of these species have been accidentally introduced from foreign ports by discharge from ships' ballast tanks. There are many more species from all over the world that may still be introduced and pose a threat to the Great Lakes; and
Whereas, Most ships enter the Great Lakes through the St. Lawrence Seaway fully loaded, carrying no ballast, and are designated no ballast on board (NOBOB); and
Whereas, NOBOB ships are exempted by rule of the United States Coast Guard from meeting regulations under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species Act of 1996. These regulations require ships with ballast to meet certain requirements for best management practices regarding ballast water, including exchange of ballast water on the open ocean; and
Whereas, NOBOB ships are still carrying unpumpable water and sediments in ballast tanks that will be mixed with Great Lakes water and pumped out while the vessels are transiting the lakes; and
Whereas, This mixture may contain aquatic invasive species from foreign ports that could be discharged into the Great Lakes; and
Whereas, The Michigan Department of Environmental Quality petitioned the United States Coast Guard on July 14, 2004, seeking to end the exemption from federal ballast water regulations for NOBOB ships; and
Whereas, The United States Coast Guard has published in the Federal Register, pages 1448-1449 of Volume 70:5, a notice for consultation with all interested parties in identifying ballast water management strategies for NOBOB vessels entering the Great Lakes; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law; and be it further
Resolved, A copy of this resolution be transmitted to the United States Coast Guard and the United States Department of Transportation.
The concurrent resolution was referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
Reps. Byrum, Accavitti, Adamini, Anderson, Ball, Bieda, Brown, Byrnes, Caswell, Caul, Cheeks, Clack, Clemente, Condino, Cushingberry, Espinoza, Farhat, Farrah, Gillard, Gleason, Gonzales, Hildenbrand, Hopgood, Jones, Kehrl, Kolb, Leland, Lemmons, III, Lipsey, Mayes, McConico, McDowell, Meisner, Miller, Murphy, Palsrok, Phillips, Plakas, Polidori, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Stakoe, Tobocman, Vagnozzi, Van Regenmorter, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:
House Resolution No. 52.
A resolution declaring April as Autism Awareness Month in the state of Michigan.
Whereas, Increasing awareness of autism spectrum disorders, supporting programs for increased research and improved treatment of autism, and improving training and support for individuals with autism and those who care for individuals with autism is important; and
Whereas, The Autism Society of America, the National Alliance for Autism Research, The Arc of Michigan, The Autism Society of Michigan, and numerous other organizations commemorate April as National Autism Awareness Month; and
Whereas, Autism is a developmental disorder that is typically diagnosed during the first 3 years of life, and impairs the ability of persons to communicate and socialize with others; and
Whereas, Autism affects an estimated 1 in every 166 children in America, and is growing at a rate of 17 percent each year; and
Whereas, Autism is 4 times more likely in boys than in girls, and can affect anyone, regardless of race, ethnicity, or other factors; and
Whereas, The cost of specialized treatment in a developmental center for people with autism is approximately $80,000 per individual per year; and
Whereas, The cost of special education programs for school-aged children with autism is often more than $30,000 per individual per year; and
Whereas, Despite the fact that autism is one of the most common developmental disorders, many professionals in the medical and educational fields are still unaware of the best methods to diagnose and treat the disorder; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April as Autism Awareness Month in the state of Michigan. We also support the establishment of April as National Autism Awareness Month. We recognize and commend the parents and relatives of children with autism for their sacrifice and dedication in providing for the special needs of children with autism and for absorbing significant financial costs for specialized education and support services; and be it further
Resolved, We stress the need to begin early intervention services soon after a child has been diagnosed with autism, noting that early intervention strategies are the primary therapeutic options for young people with autism, and early intervention significantly improves outcomes for people with autism and can reduce the level of funding and services needed later in life.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Kathleen Law, Gillard, Hopgood, Farrah, Gonzales, Meisner, Lipsey, Zelenko, Williams, Alma Smith, Sak, Byrum, McConico, McDowell, Wojno, Tobocman, Byrnes, Spade, Kolb, Bieda, Vagnozzi, Gleason, Donigan, Cushingberry, Accavitti, Whitmer, Adamini, Waters, Phillips, Plakas, Sheltrown, Anderson, Lemmons, III, Ball, Booher, Brown, Caul, Cheeks, Clack, Clemente, Condino, Elsenheimer, Espinoza, Farhat, Hildenbrand, Jones, Kehrl, Leland, Mayes, Miller, Murphy, Palsrok, Polidori, Stahl, Stakoe and Brandenburg offered the following resolution:
House Resolution No. 53.
A resolution to urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law.
Whereas, Great Lakes waters are among the most valuable natural resources in the world, vital to the economy and environment of the state; and
Whereas, more than 160 species of aquatic invasive plants and animals have been introduced into the Great Lakes. Several species, including the sea lamprey, zebra mussel, round goby, and purple loosestrife, have impaired Michigan's environment, affecting recreational and commercial fishing, beaches, municipal and industrial water supplies, coastal habitat, and fundamental ecosystems in the Great Lakes; and
Whereas, Many of these species have been accidentally introduced from foreign ports by discharge from ships' ballast tanks. There are many more species from all over the world that may still be introduced and pose a threat to the Great Lakes; and
Whereas, Most ships enter the Great Lakes through the St. Lawrence Seaway fully loaded, carrying no ballast, and are designated no ballast on board (NOBOB); and
Whereas, NOBOB ships are exempted by rule of the United States Coast Guard from meeting regulations under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species Act of 1996. These regulations require ships with ballast to meet certain requirements for best management practices regarding ballast water, including exchange of ballast water on the open ocean; and
Whereas, NOBOB ships are still carrying unpumpable water and sediments in ballast tanks that will be mixed with Great Lakes water and pumped out while the vessels are transiting the lakes; and
Whereas, This mixture may contain aquatic invasive species from foreign ports that could be discharged into the Great Lakes; and
Whereas, The Michigan Department of Environmental Quality petitioned the United States Coast Guard on July 14, 2004, seeking to end the exemption from federal ballast water regulations for NOBOB ships; and
Whereas, The United States Coast Guard has published in the Federal Register, pages 1448-1449 of Volume 70:5, a notice for consultation with all interested parties in identifying ballast water management strategies for NOBOB vessels entering the Great Lakes; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law; and be it further
Resolved, A copy of this resolution be transmitted to the United States Coast Guard and the United States Department of Transportation.
The resolution was referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
Reps. Vagnozzi, Accavitti, Adamini, Ball, Bieda, Brown, Byrnes, Byrum, Cheeks, Clack, Clemente, Condino, Cushingberry, Espinoza, Farrah, Gillard, Gleason, Gonzales, Hildenbrand, Hopgood, Kehrl, Kolb, Leland, Lemmons, III, Lipsey, McConico, McDowell, Meisner, Miller, Murphy, Phillips, Plakas, Polidori, Sheltrown, Alma Smith, Spade, Stahl, Tobocman, Waters, Wojno and Zelenko offered the following resolution:
House Resolution No. 54.
A resolution to memorialize the Congress of the United States and the State Department to increase efforts to halt the violence and to provide humanitarian assistance in the Darfur region of Sudan.
Whereas, Over the past few years, the government of Sudan and the government-backed militia have carried out a campaign of murder, rape, and terror in the Darfur region. More than 1.5 million people are estimated to have been displaced from their homes, while tens of thousands of civilians have been killed or pushed into disease and malnutrition. A 2004 cease-fire agreement has proven ineffective, and the conditions for those who have been displaced can only be described as a nightmare; and
Whereas, The United States, the United Nations, the African Union, and other nations and organizations have largely ignored the grave human rights violations and suffering that are taking place. The situation in the Darfur region is acknowledged to be ethnic cleansing and may amount to genocide; and
Whereas, While the United States and other countries have tried to bring a halt to the suffering, a greater sense of urgency needs to be brought to these efforts. Our country must do all it can to influence the leadership of the United Nations to increase the number of troops on the ground to protect civilians and to bring pressure on the Sudanese government to halt its illegal and immoral acts. Clearly, the United States must play a leadership role in working with other nations, the United Nations, and the African Union in the effort to bring relief to this region of sorrows; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States and the State Department to increase efforts to halt the violence and to provide humanitarian assistance to the victims of the atrocities in the Darfur region of Sudan; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Government Operations.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, April 20:
House Bill Nos. 4623 4624 4625 4626 4627 4628 4629 4630 4631 4632 4633 4634 4635
The Clerk announced that the following Senate bill had been received on Wednesday, April 20:
Senate Bill No. 226
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4227, entitled
A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 15 (MCL 46.415), as amended by 1980 PA 187.
The Senate has amended the bill as follows:
1. Amend page 2, line 8, after "election," by inserting "PROVIDED THAT IT IS VOTED UPON BEFORE THE COMMENCEMENT OF THE NEW TERMS OF OFFICE,".
2. Amend page 2, line 15, after "UNDER" by striking out "SUBSECTION (1)" and inserting "SUBSECTIONS (1) AND (3)".
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 226, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 23.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
______
Rep. Phillips moved that the House adjourn.
The motion prevailed, the time being 3:25 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, April 21, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives