2005-HJ-04-28-035.htm

No. 35

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Thursday, April 28, 2005.

10:30 a.m.

The House was called to order by the Speaker Pro Tempore.

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

Accavitti--present 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--e/d/s

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

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

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

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--present 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--excused

e/d/s = entered during session

Rep. Robert Gosselin, from the 41st District, offered the following invocation:

"Dear Lord. The Hymn writer of old once wrote, 'Faith of our fathers, that living faith.' And we are reminded of our past and of the faith of our Founding Fathers and the values and principles they stood for.

O God how we need our county to get back to those values that are of such importance to us, our county, our families and our children. May we realize that any change that needs to take place starts within us individually. And of another hymn writer who wrote the hymn, 'Abide with me,' may we ask ourselves in our own way that You Lord 'abide with me.' We are imperfect people trying to make a perfect system, and You have told us in Your word: 'That life is but a vapor, it is here for a moment and then it is gone.' May we learn to number our days O Lord and ask You to abide with us.

God, we want to ask for safety to those who are around the world defending freedom and who are in 'harms way.' We ask You to help them, to be with them and their families and be their special comforter in these times.

We pray this in the name of the one, who brought us peace. In Jesus name, Amen."

______

Rep. Sak moved that Rep. Kathleen Law be excused from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 199, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 1021 (MCL 436.2021), as amended by 2002 PA 725.

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

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

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

The motion prevailed.

House Bill No. 4614, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 81101, 81134, 81135, 81136, 81137, 81140, 81141, and 81144 (MCL 324.81101, 324.81134, 324.81135, 324.81136, 324.81137, 324.81140, 324.81141, and 324.81144), section 81101 as amended by 2003 PA 111, section 81134 as amended by 2001 PA 12, section 81135 as amended by 1999 PA 22, sections 81136 and 81141 as amended by 1996 PA 175, and sections 81137, 81140, and 81144 as added by 1995 PA 58, and by adding section 81140b.

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.

House Bill No. 4615, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80101, 80171, 80176, 80180, 80183, 80184, 80187, and 80190 (MCL 324.80101, 324.80171, 324.80176, 324.80180, 324.80183, 324.80184, 324.80187, and 324.80190), sections 80101, 80171, and 80190 as added by 1995 PA 58, section 80176 as amended by 2001 PA 12, and sections 80180, 80183, 80184, and 80187 as amended by 1996 PA 174.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4616, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 82101, 82127, 82136, 82139, 82140, and 82143 (MCL 324.82101, 324.82127, 324.82136, 324.82139, 324.82140, and 324.82143), section 82101 as amended by 2004 PA 587, section 82127 as amended by 2001 PA 12, section 82136 as added by 1995 PA 58, and sections 82139, 82140, and 82143 as amended by 1996 PA 183.

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

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

Rep. Condino 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

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.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Kehrl moved to amend the bill as follows:

1. Amend page 1, line 6, after "DIRECTORS." by inserting "THE GOVERNING BODY OF A NONPUBLIC SCHOOL IS ENCOURAGED TO ADOPT AN ELIGIBILITY POLICY THAT MEETS THE REQUIREMENTS OF THIS SECTION.".

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

The question being on the passage of the bill,

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

Roll Call No. 94 Yeas--108

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kehrl Pearce Whitmer

Dillon Kolb Phillips Williams

Donigan Kooiman Plakas Wojno

Drolet LaJoy Polidori Zelenko

Nays--0

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.

Reps. McConico, Anderson, Stewart, Phillips, Lipsey, Kooiman, Meyer, Newell, Brown, Pastor, Hopgood, Brandenburg, Bieda, Wojno, Clack, Condino, Vagnozzi, Taub, Accavitti, Stakoe, Garfield, Hune, Gleason, Hoogendyk, Nofs, Ward, Sak, Stahl, Farhat, Moolenaar, Palsrok, Dillon, Ball, Booher, Caul, Cheeks, Clemente, Donigan, Elsenheimer, Espinoza, Gonzales, Hansen, Jones, Kahn, Kehrl, Lemmons, Jr., Mayes, McDowell, Pearce, Polidori, Proos, Rocca, Schuitmaker and Spade were named co-sponsors of the bill.

______

Rep. Sheen entered the House Chambers.

House Bill No. 4594, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 2000 PA 302.

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

Roll Call No. 95 Yeas--108

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kehrl Pearce Wenke

DeRoche Kolb Phillips Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Elsenheimer Law, David Proos Zelenko

Nays--1

Drolet

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.

Reps. Anderson, Stewart, Phillips, Zelenko, Lipsey, Kooiman, Meyer, Vander Veen, Brown, Gaffney, Farrah, Pastor, LaJoy, Brandenburg, Bieda, Wojno, Acciavatti, Condino, Vagnozzi, Taub, Accavitti, Hune, Gleason, Nofs, Ward, Sak, Stahl, Sheen, Farhat, Moolenaar, Gillard, Ball, Booher, Caul, Cheeks, Donigan, Elsenheimer, Espinoza, Gonzales, Hansen, Hildenbrand, Jones, Kahn, Kehrl, Leland, Lemmons, III, Lemmons, Jr., Mayes, McDowell, Palmer, Pearce, Polidori, Rocca, Schuitmaker, Sheltrown, Alma Smith, Spade and Murphy were named co-sponsors of the bill.

House Bill No. 4595, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410a (MCL 333.7410a), as amended by 2000 PA 314.

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

Roll Call No. 96 Yeas--108

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kehrl Pearce Wenke

DeRoche Kolb Phillips Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Elsenheimer Law, David Proos Zelenko

Nays--1

Drolet

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.

Reps. McConico, Anderson, Stewart, Zelenko, Lipsey, Kooiman, Vander Veen, Brown, Gaffney, Farrah, Bieda, Wojno, Acciavatti, Condino, Vagnozzi, Taub, Accavitti, Stakoe, Hune, Gleason, Ward, Sak, Nitz, Stahl, Moolenaar, Palsrok, Gillard, Dillon, Booher, Caul, Cheeks, Clemente, Donigan, Elsenheimer, Espinoza, Gonzales, Hansen, Jones, Kahn, Kehrl, Leland, Lemmons, III, Lemmons, Jr., Marleau, Mayes, McDowell, Moore, Mortimer, Palmer, Pearce, Polidori, Proos, Rocca, Schuitmaker, Sheltrown, Alma Smith and Spade were named co-sponsors of the bill.

House Bill No. 4596, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 18 of chapter XVII (MCL 777.18), as amended by 2000 PA 304.

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

Roll Call No. 97 Yeas--108

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kehrl Pearce Wenke

DeRoche Kolb Phillips Whitmer

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Elsenheimer Law, David Proos Zelenko

Nays--1

Drolet

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.

Reps. McConico, Anderson, Stewart, Phillips, Zelenko, Lipsey, Kooiman, Vander Veen, Brown, Farrah, Bieda, Wojno, Acciavatti, Condino, Vagnozzi, Accavitti, Stakoe, Hune, Gleason, Nofs, Ward, Sak, Nitz, Stahl, Moolenaar, Gillard, Ball, Booher, Cheeks, Clemente, Elsenheimer, Espinoza, Gonzales, Hansen, Hildenbrand, Jones, Kahn, Kehrl, Leland, Lemmons, III, Lemmons, Jr., Mayes, McDowell, Moore, Mortimer, Pearce, Polidori, Proos, Rocca, Sheltrown, Spade and Murphy were named co-sponsors 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. Miller, Vagnozzi, Meisner, Bieda, Angerer, Condino, Hopgood, Kathleen Law, Lipsey, Accavitti, Kolb, Plakas, Cheeks, Adamini, Anderson, Ball, Bennett, Brown, Byrnes, Byrum, Caul, Clack, Clemente, Cushingberry, Farrah, Gaffney, Gleason, Hildenbrand, Kehrl, Lemmons, III, Lemmons, Jr., Mayes, McConico, McDowell, Mortimer, Pearce, Polidori, Proos, Sak, Sheltrown, Alma Smith, Spade, Stahl, Taub, Tobocman, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 60.

A resolution to memorialize the Congress and the President of the United States to refrain from making cuts to Medicaid.

Whereas, Congress is presently debating proposed cuts to the Medicaid budget. These reductions would seriously threaten services available to our most vulnerable populations, including children from low-income families, the disabled, and the elderly poor. According to the Center on Budget and Policy Priorities, Michigan alone could lose between $411 million and $552 million between 2006 and 2010; and

Whereas, Cuts to Medicaid would jeopardize the financial situations in state capitals across the country. As a unique, state-federal partnership, Medicaid spending represents a large portion of the budgets of many states, including Michigan. The impact of this program in providing a safety net for people in need is profound. Through the Temporary Assistance for Needy Families block grant program, Food Stamps, and health services for the poor, Medicaid helps millions of Americans, especially the very young and the very old, who find themselves in dire straits; and

Whereas, Michigan has gone to great lengths to maintain protections for our vulnerable men, women, and children. With deeper cuts in Medicaid, few options would be available to address the severe problems facing some of our fellow citizens; and

Whereas, Medicaid represents an investment in our people. As has been said many times, how a society deals with the frail and the vulnerable reflects on the society's priorities and values. Even in difficult financial times, caring for the needy and having programs in place to help them gain self-sufficiency whenever possible makes our country stronger; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress and the President of the United States to refrain from making cuts to Medicaid; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President, 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 Appropriations.

Reps. Miller, Sak, Kooiman, Accavitti, Adamini, Anderson, Angerer, Ball, Baxter, Bennett, Bieda, Booher, Brown, Byrnes, Byrum, Caul, Clack, Clemente, Condino, Cushingberry, Farhat, Farrah, Gaffney, Gleason, Gosselin, Hansen, Hildenbrand, Hopgood, Kahn, Kehrl, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, McConico, McDowell, Meyer, Mortimer, Nofs, Palmer, Palsrok, Pearce, Plakas, Polidori, Proos, Rocca, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Stewart, Taub, Tobocman, Vagnozzi, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 61.

A resolution recognizing May 3, 2005, as Teacher Appreciation Day in the state of Michigan.

Whereas, A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and

Whereas, The United States and the state of Michigan has made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and

Whereas, Much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children; and

Whereas, Teachers should be accorded high esteem, reflecting the value our community places on public education; and

Whereas, The importance and impact of teachers on children is known nationwide; and

Whereas, It is appropriate that teachers be recognized for their dedication and commitment to educating their students; now, therefore, be it further

Resolved by the House of Representatives, That the members of this legislative body recognize May 3, 2005, as Teacher Appreciation Day in the state of Michigan.

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. Palmer, Sak, Kooiman, Accavitti, Adamini, Anderson, Angerer, Baxter, Bennett, Bieda, Booher, Brown, Byrnes, Byrum, Caswell, Caul, Clack, Clemente, Condino, Cushingberry, Farhat, Farrah, Gaffney, Gleason, Gosselin, Hansen, Hildenbrand, Hopgood, Huizenga, Kahn, Kehrl, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, McDowell, Meyer, Miller, Mortimer, Nofs, Palsrok, Pearce, Polidori, Proos, Rocca, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Stewart, Taub, Tobocman, Vagnozzi, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 62.

A resolution recognizing May 1-7, 2005, as Teacher Appreciation Week in the state of Michigan.

Whereas, A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and

Whereas, The United States and the state of Michigan has made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and

Whereas, Much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children; and

Whereas, Teachers should be accorded high esteem, reflecting the value our community places on public education; and

Whereas, The importance and impact of teachers on children is known nationwide; and

Whereas, It is appropriate that teachers be recognized for their dedication and commitment to educating their students; now, therefore, be it further

Resolved by the House of Representatives, That the members of this legislative body recognize May 1-7, 2005, as Teacher Appreciation Week in the state of Michigan.

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. Kooiman, Accavitti, Adamini, Anderson, Baxter, Bennett, Booher, Brown, Byrnes, Byrum, Caswell, Caul, Clack, Clemente, Condino, Cushingberry, Farrah, Gaffney, Gleason, Hansen, Hildenbrand, Hopgood, Kahn, Kehrl, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, McDowell, Meyer, Miller, Mortimer, Palsrok, Pearce, Plakas, Polidori, Proos, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Stewart, Taub, Tobocman, Vagnozzi, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 63.

A resolution proclaiming May 2005 as Hepatitis Awareness Month in the state of Michigan.

Whereas, It is estimated that 4 million Americans are infected with the Hepatitis C virus, according to the Centers for Disease Control, which contributes to approximately 8,000 to 10,000 deaths each year; and

Whereas, It is estimated that 180,000 Michigan residents may carry the Hepatitis C virus and not know they are infected; and

Whereas, The Centers for Disease Control has reported that the Hepatitis C virus is associated with end stage liver disease, and this is the most frequent indication for liver transplantation among adults; and

Whereas, As published by the American Journal of Public Health, the estimated costs to the United States to treat the Hepatitis C virus will exceed $13 billion for the years 2010 through 2019; and

Whereas, Awareness of testing and counseling is critical to halting the spread of blood born pathogens; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim May 2005 as Hepatitis Awareness Month in the state of Michigan.

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. Gaffney, Kooiman, Accavitti, Adamini, Anderson, Ball, Baxter, Bennett, Booher, Brown, Byrnes, Byrum, Caul, Clack, Clemente, Condino, Cushingberry, Farrah, Gleason, Hansen, Hildenbrand, Hopgood, Kahn, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, McConico, McDowell, Meyer, Miller, Mortimer, Palsrok, Pearce, Plakas, Polidori, Proos, Sak, Shaffer, Alma Smith, Spade, Stahl, Stewart, Taub, Tobocman, Vagnozzi, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 64.

A resolution honoring Food Allergy Awareness Week May 8-14, 2005.

Whereas, The Food Allergy & Anaphylaxis Network (FAAN) is a national nonprofit organization dedicated to educating the public about food allergies and anaphylaxis; and

Whereas, Hundreds of Americans die each year due to food induced anaphylaxis. This is a systemic allergic reaction that involving the skin, respiratory tract, and cardiovascular system. The Food Allergy & Anaphylaxis Network works very hard to create awareness to curb as many of these unnecessary deaths as possible; and

Whereas, Since the inception of FAAN in 1991 many lives have been saved and public awareness is at an all time high. Membership in the network is now at 27,000, which consists of families, dietitians, nurses, physicians, school staff, and representatives from government agencies. FAAN members have presented food allergy information by giving presentations showing videos, and reading stories to children's classes. The organizers work passionately to educate all people so that lives may be saved; and

Whereas, The Food Allergy & Anaphylaxis Network will kick off their annual Food Allergy Awareness Week on May 8, 2005. The week will be highlighted by a national dress down day "Blue Jeans for Food Allergies" on May 13th, and the final ceremony will be the 12th Annual Food Allergy Conference in Chicago, Illinois which will be held on May 14th. The Food Allergy Awareness Week helps to foster a sense of community and well being for all citizens of the state of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Food Allergy Awareness Week May 8-14, 2005. We join the Food Allergy & Anaphylaxis Network in celebrating Food Allergy Awareness Week, and applaud it for its goal to create awareness about this important public health issue; and be it further

Resolved, That a copy of this resolution be transmitted to the officials of the Food Allergy & Anaphylaxis Network as a token of our esteem.

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.

Reports of Standing Committees

The Committee on Local Government and Urban Policy, by Rep. Stakoe, Chair, reported

House Bill No. 4607, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627a (MCL 257.627a), as amended by 2000 PA 110.

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. Stakoe, Elsenheimer, Van Regenmorter, Nitz, Baxter, Schuitmaker, Tobocman, Accavitti, Donigan and Vagnozzi

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stakoe, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Wednesday, April 27, 2005

Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Accavitti, Donigan and Vagnozzi

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

House Bill No. 4603, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3104 and 3109 (MCL 324.3104 and 324.3109), section 3104 as amended by 2004 PA 325.

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. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 332, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3103, 3104, 3109, and 3112 (MCL 324.3103, 324.3104, 324.3109, and 324.3112), sections 3103 and 3112 as amended by 2004 PA 91 and section 3104 as amended by 2004 PA 325.

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. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

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.

(For text of resolution, see House Journal No. 31, p. 470.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

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.

(For text of concurrent resolution, see House Journal No. 31, p. 468.)

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. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palsrok, Chair, of the Committee on Natural Resources, Great Lakes, Land Use, and Environment, was received and read:

Meeting held on: Thursday, April 28, 2005

Present: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Absent: Rep. Kathleen Law

Excused: Rep. Kathleen Law

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stahl, Chair, of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, April 27, 2005

Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Casperson, Chair, of the Committee on Conservation, Forestry, and Outdoor Recreation, was received and read:

Meeting held on: Thursday, April 28, 2005

Present: Reps. Casperson, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza

Absent: Rep. Hildenbrand

Excused: Rep. Hildenbrand

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 28, 2005

Present: Reps. Hune, Robertson, Emmons, Gaffney, Ball, Hildenbrand, David Law, Marleau, Mortimer, Hood, Adamini, Leland, Anderson and Farrah

Absent: Reps. Sheen, Wojno and Condino

Excused: Rep. Sheen

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 27:

Senate Bill Nos. 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, April 28, for her approval of the following bills:

Enrolled House Bill No. 4012 at 10:57 a.m.

Enrolled House Bill No. 4013 at 10:59 a.m.

Enrolled House Bill No. 4318 at 11:01 a.m.

Enrolled House Bill No. 4570 at 11:03 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, April 28:

House Bill Nos. 4677 4678 4679 4680 4681 4682 4683

Senate Bill Nos. 433 434 435 436 437

Messages from the Governor

Date: April 28, 2005

Time: 9:47 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4308 (Public Act No. 11, I.E.), being

An act to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to prescribe certain conditions for the appropriations; and to repeal acts and parts of acts

(Filed with the Secretary of State April 28, 2005, at 10:00 a.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

March 29, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 11:53 A.M. this date, administrative rule (05-03-06) for the Department of Environmental Quality, Water Bureau entitled "Supplying Water to the Public-Part 7. Surveillance, Inspection and Monitoring,", effective 7 days after filing with the Secretary of State.

March 29, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 11:55 A.M. this date, administrative rule (05-03-07) for the Department of Environmental Quality, Water Bureau entitled "Supplying Water to the Public-Part 15. Operation Reports and Recordkeeping", effective 7 days after filing with the Secretary of State.

March 29, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 11:57 A.M. this date, administrative rule (05-03-08) for the Department of Environmental Quality, Water Bureau entitled "Supplying Water to the Public-Part 27. Laboratory Certification", effective 7 days after filing with the Secretary of State.

April 12, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 10:45 A.M. this date, administrative rule (05-04-01) for the Department of Labor and Economic Growth, Director's Office entitled "Occupational Health Standard Part 520 Ventilation Control", these rules take effect immediately upon filing with the Secretary of State.

April 12, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 10:47 A.M. this date, administrative rule (05-04-02) for the Department of Labor and Economic Growth, Director's Office entitled "Part 451. Respiratory Protection", these rules take effect immediately upon filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communications from the Auditor General were received and read:

April 26, 2005

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

Performance audit of the Pupil Membership Reporting and Auditing Process,

Department of Education

April 2005

April 27, 2005

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

Performance audit of Selected Medicaid Managed Care and Fee-for-Service Payments,

Medical Services Administration,

Department of Community Health

April 2005

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.

Introduction of Bills

Rep. Whitmer introduced

House Bill No. 4684, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 353c (MCL 18.1353c), as amended by 2002 PA 504.

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

Reps. Bieda, Gleason, Clack, Condino, Byrnes, Byrum and Lipsey introduced

House Bill No. 4685, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.

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

Reps. Meyer and Brown introduced

House Bill No. 4686, entitled

A bill to provide for the maintenance, storage, retrieval, and duplication of public records.

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

Reps. Polidori, Farrah, Zelenko, Clack, Anderson, Meisner, Vagnozzi, Waters, Gonzales, Leland, Spade, Jones, Hopgood, Plakas, Wojno, Condino, Bieda, Kolb, Hood, Lipsey, Lemmons, Jr., McConico, Dillon, Bennett, Accavitti, Gleason, Hune, Byrnes, Garfield, Sak and Tobocman introduced

House Bill No. 4687, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1202) by adding sections 1136, 1137, and 1138.