No. 72

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature


REGULAR SESSION OF 2007


House Chamber, Lansing, Tuesday, July 24, 2007.

10:00 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 Dillon--present Lahti--present Pearce--present

Acciavatti--present Donigan--present LaJoy--present Polidori--present

Agema--present Ebli--present Law, David--present Proos--present

Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present

Angerer--present Emmons--present LeBlanc--present Rocca--present

Ball--present Espinoza--present Leland--present Sak--present

Bauer--present Farrah--present Lemmons--present Schuitmaker--present

Bennett--present Gaffney--present Lindberg--present Scott--present

Bieda--present Garfield--present Marleau--present Shaffer--present

Booher--present Gillard--present Mayes--present Sheen--excused

Brandenburg--present Gonzales--present McDowell--present Sheltrown--present

Brown--present Green--present Meadows--present Simpson--present

Byrnes--present Griffin--present Meekhof--present Smith, Alma--present

Byrum--present Hammel--present Meisner--present Smith, Virgil--present

Calley--present Hammon--present Melton--present Spade--present

Casperson--present Hansen--present Meltzer--present Stahl--present

Caswell--present Hildenbrand--present Miller--present Stakoe--present

Caul--present Hood--present Moolenaar--excused Steil--present

Cheeks--excused Hoogendyk--present Moore--present Tobocman--present

Clack--present Hopgood--excused Moss--present Vagnozzi--present

Clemente--present Horn--present Nitz--present Valentine--present

Condino--present Huizenga--present Nofs--present Walker--present

Constan--present Hune--present Opsommer--present Ward--present

Corriveau--present Jackson--present Palmer--present Warren--present

Coulouris--present Johnson--present Palsrok--present Wenke--present

Cushingberry--present Jones, Rick--present Pastor--present Wojno--present

Dean--present Jones, Robert--present Pavlov--present Young--present

DeRoche--present Knollenberg--present

e/d/s = entered during session

Rep. Arlan B. Meekhof, from the 89th District, offered the following invocation:

"Great God and Father, we humbly enter Your presence today to praise You for the great God You are. Your glory and handiwork is displayed in Your care of the earth and Your love displayed to us in the form of salvation, through Jesus Your only son.

Even though You are God You desire a relationship with us and we approach You in this day with many concerns for our state. I pray that You would shower the state of Michigan with mercy as we do our best to discern Your will in guidingthis state to prosperity again. We also humbly ask for showers of actual rain. Many parts of our state are severely impacted by the lack of rain. We ask for this rain also for our farmers who rely on You for their ability to produce food for our nation.

We also ask in this day Your mercy and presence for those families that have experienced the ultimate sacrifice in the loss of a Michigan armed service member. We ask You to be close to them and comfort them in this day.

And Lord we ask You to be with us in this chamber today as we do the work of this state. We ask You to be above us to watch over us, beside us to befriend us, beneath us to carry us in times of trouble, and most importantly within us to help us show Your love to others.

In Jesus name, Amen."

______

Rep. Booher moved that Reps. Moolenaar and Sheen be excused from today's session.

The motion prevailed.

Rep. Tobocman moved that Reps. Cheeks and Hopgood be excused from today's session.

The motion prevailed.

______

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

The motion prevailed.

Motions and Resolutions

Reps. Farrah, Caul, Clack, Condino, Constan, Garfield, Gonzales, Hammel, Johnson, Robert Jones, Knollenberg, Leland, Lemmons, McDowell, Melton, Miller, Nofs and Vagnozzi offered the following resolution:

House Resolution No. 158.

A resolution to concur in a tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan and signed on May 9, 2007.

Whereas, Federally recognized Indian tribes have a right under federal law to operate gaming as a means of economic development within states that allow such gaming for any purpose by any person, organization, or entity. The State of Michigan permits Class III gaming to be operated by non-tribal entities under the Michigan Gaming Control and Revenue Act; and

Whereas, The State of Michigan has entered into tribal-state gaming compacts with 11 of Michigan's 12 federally recognized Indian tribes, the only federally recognized Indian tribe not having a compact being the Gun Lake Band. The Michigan Legislature has approved all 11 tribal-state gaming compacts by resolution. The Michigan Supreme Court has held that the Michigan Legislature has the authority to approve tribal-state gaming compacts by legislative resolution; and

Whereas, The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, which is also known as the GunLake Band, is a federally recognized Indian tribe. The principles of fairness, equity, and justice dictate that the Stateof Michigan enter into a Class III gaming compact with the Gun Lake Band on terms consistent with the tribal-state compacts previously approved by the Michigan Legislature; and

Whereas, A new tribal-state gaming compact between the State of Michigan and the Gun Lake Band (the "Gun Lake Compact") has been negotiated by the Governor and the Gun Lake Band and signed on May 9, 2007. This compact has been filed with the Clerk of the Michigan House of Representatives and is available for review. The Gun Lake Compact contains terms and conditions more beneficial to the State of Michigan than the previous 11 compacts; and

Whereas, The Gun Lake Compact contains additional and substantial regulatory provisions governing the Gun Lake Band's proposed gaming facility that are not contained in any of the 11 other tribal-state gaming compacts; and

Whereas, The Gun Lake Compact prohibits the sale of tobacco to minors at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides that persons under 21 years of age may not participate in gaming at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides additional safeguards for revenue payments to the State of Michigan when compared to the prior 11 Class III gaming compacts; and

Whereas, The Gun Lake Compact contains a potential for substantially increased revenue sharing with the State of Michigan when compared to the prior 11 compacts, and also contains a minimum of a 50 percent increase over the prior 11 compacts for payments to the State of Michigan as reimbursement for regulatory costs; and

Whereas, The Secretary of the United States Department of the Interior has issued procedures for the operation of Class III gaming by Indian tribes that permit said tribes to operate Class III gaming facilities in the absence of a tribal-state compact where states have failed to enter into a compact with such tribes; now, therefore, be it

Resolved by the House of Representatives, That we concur in the tribal-state gaming compact signed on May 9, 2007,and on file with the Clerk of the House of Representatives between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan to govern the establishment of Class III gaming on Eligible Indian Lands; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, representatives of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, and the United States Secretary of the Interior.

The resolution was referred to the Committee on Regulatory Reform.

Reps. Farrah, Wojno, Hopgood, Accavitti, Angerer, Espinoza, Robert Jones, Byrum, Donigan, Byrnes, Gaffney, Ward, Miller, Hammel, Clack, Meadows, Simpson, Vagnozzi, Constan, Leland, Hood, Wenke, Hammon, Alma Smith, Warren,Condino, Bieda, Bennett, Coulouris, Young, Johnson, Gonzales, Polidori, Nofs, Cushingberry, Moore, Virgil Smith, Nitz, Caul, Cheeks, Gillard, Lemmons, Melton, Scott, Jackson, Meisner, Kathleen Law, Griffin, Bauer, Valentine, Meltzer, Garfield, Knollenberg, Sheltrown and McDowell offered the following concurrent resolution:

House Concurrent Resolution No. 39.

A concurrent resolution to concur in a tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan and signed on May 9, 2007.

Whereas, Federally recognized Indian tribes have a right under federal law to operate gaming as a means of economic development within states that allow such gaming for any purpose by any person, organization, or entity. The State of Michigan permits Class III gaming to be operated by non-tribal entities under the Michigan Gaming Control and Revenue Act; and

Whereas, The State of Michigan has entered into tribal-state gaming compacts with 11 of Michigan's 12 federally recognized Indian tribes, the only federally recognized Indian tribe not having a compact being the Gun Lake Band. The Michigan Legislature has approved all 11 tribal-state gaming compacts by resolution. The Michigan Supreme Court has held that the Michigan Legislature has the authority to approve tribal-state gaming compacts by legislative resolution; and

Whereas, The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, which is also known as the Gun Lake Band, is a federally recognized Indian tribe. The principles of fairness, equity, and justice dictate that the State of Michigan enter into a Class III gaming compact with the Gun Lake Band on terms consistent with the tribal-state compacts previously approved by the Michigan Legislature; and

Whereas, A new tribal-state gaming compact between the State of Michigan and the Gun Lake Band (the "Gun Lake Compact") has been negotiated by the Governor and the Gun Lake Band and signed on May 9, 2007. This compact has been filed with the Clerk of the Michigan House of Representatives and is available for review. The Gun Lake Compact contains terms and conditions more beneficial to the State of Michigan than the previous 11 compacts; and

Whereas, The Gun Lake Compact contains additional and substantial regulatory provisions governing the Gun Lake Band's proposed gaming facility that are not contained in any of the 11 other tribal-state gaming compacts; and

Whereas, The Gun Lake Compact prohibits the sale of tobacco to minors at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides that persons under 21 years of age may not participate in gaming at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides additional safeguards for revenue payments to the State of Michigan when compared to the prior 11 Class III gaming compacts; and

Whereas, The Gun Lake Compact contains a potential for substantially increased revenue sharing with the State of Michigan when compared to the prior 11 compacts, and also contains a minimum of a 50 percent increase over the prior 11 compacts for payments to the State of Michigan as reimbursement for regulatory costs; and

Whereas, The Secretary of the United States Department of the Interior has issued procedures for the operation of Class III gaming by Indian tribes that permit said tribes to operate Class III gaming facilities in the absence of a tribal-state compact where states have failed to enter into a compact with such tribes; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we concur in the tribal-state gaming compactsigned on May 9, 2007, and on file with the Clerk of the House of Representatives between the Match-E-Be-Nash-She-WishBand of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan to govern the establishment of Class III gaming on Eligible Indian Lands; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, representatives of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, and the United States Secretary of the Interior.

The concurrent resolution was referred to the Committee on Regulatory Reform.

Announcements by the Clerk

July 20, 2007

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of the Data Center Operations, Department of Information Technology, July 2007.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Commerce, by Rep. Meisner, Chair, reported

House Bill No. 4163, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12601 (MCL 333.12601), as amended by 1988 PA 315; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-3) 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. Meisner, Robert Jones, Accavitti, Byrum, Coulouris, Griffin, Johnson, Sheltrown, Simpson, Valentine, Palsrok and Stakoe

Nays: Reps. Hildenbrand, Huizenga, Rick Jones and Meltzer

The Committee on Commerce, by Rep. Meisner, Chair, reported

House Bill No. 4816, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending section 4107 (MCL 289.4107).

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. Meisner, Robert Jones, Accavitti, Byrum, Coulouris, Griffin, Johnson, Sheltrown, Simpson, Valentine, Palsrok and Stakoe

Nays: Reps. Hildenbrand, Rick Jones and Meltzer

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, July 24, 2007

Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones and Meltzer

Absent: Reps. Dean and Knollenberg

Excused: Reps. Dean and Knollenberg

The Committee on Government Operations, by Rep. Wojno, Chair, reported

House Bill No. 4854, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," (MCL 38.1132 to 38.1140m) by adding section 13c.

With the recommendation that the substitute (H-3) 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. Wojno, Kathleen Law, Condino, Constan, Polidori, Young, Hoogendyk, Hune and David Law

Nays: None

The Committee on Government Operations, by Rep. Wojno, Chair, reported

House Bill No. 4903, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," (MCL 38.1132 to 38.1140m) by adding section 13c.

With the recommendation that the substitute (H-3) 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. Wojno, Kathleen Law, Condino, Constan, Polidori, Young, Hoogendyk, Hune and David Law

Nays: None

The Committee on Government Operations, by Rep. Wojno, Chair, reported

House Resolution No. 59.

A resolution to memorialize the Congress of the United States and the United States State Department to increase efforts to halt the violence and to provide humanitarian assistance in the Darfur region of Sudan.

(For text of resolution, see House Journal No. 32, p. 435.)

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. Wojno, Kathleen Law, Condino, Constan, Polidori, Young, Hoogendyk, Hune and David Law

Nays: None

The Committee on Government Operations, by Rep. Wojno, Chair, reported

House Resolution No. 63.

A resolution to memorialize the Congress of the United States to enact legislation to prohibit federal funds from going to any business or entity that works with the Sudanese government.

(For text of resolution, see House Journal No. 35, p. 491.)

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. Wojno, Kathleen Law, Condino, Constan, Polidori, Young, Hoogendyk, Hune and David Law

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wojno, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Tuesday, July 24, 2007

Present: Reps. Wojno, Kathleen Law, Condino, Constan, Polidori, Young, Hoogendyk, Hune and David Law

The Committee on Education, by Rep. Melton, Chair, reported

House Resolution No. 81.

A resolution to memorialize the United States Congress to enact the Education Begins at Home Act.

(For text of resolution, see House Journal No. 41, p. 571.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 81.

A resolution to memorialize the United States Congress to enact the Education Begins at Home Act.

Whereas, Each year, an estimated 2.7 million children in America are abused or neglected, including 900,000 cases thatare actually investigated and verified by overburdened state child protection systems. Nationally, more than 1,400children die from abuse or neglect each year. Over half of them were previously unknown to child protective services. In Michigan during 2005, 147,628 families were investigated for suspected child maltreatment. In those families investigated, 28,154children were confirmed to be victims of child abuse and neglect. Of all confirmed cases of abuse and neglect, more than a third involved children three years old or younger. Another 19,265 children were in out-of-home placement as the result of child abuse and neglect and delinquency; and

Whereas, Children who survive abuse or neglect likely carry the emotional scars for life, while studies also show that being abused or neglected multiplies the risk that a child will grow up to be violent. The best available research indicates that, based on confirmed cases of child abuse and neglect in just one year, of these children, there will be an additional 35,000 adult violent criminals and more than 250 murderers who would never have become violent criminals if not for the abuse or neglect they endured as children. Fortunately, evidence-based in-home parent coaching programs can prevent child abuse and neglect, and reduce later crime and violence. In general, these programs provide voluntary coaching to parents of children up to five years old in home settings for some period of time; and

Whereas, A number of programs exist to help parents. The Nurse Family Partnership randomly assigned interested at-risk pregnant women to receive in-home visits by nurses starting before the birth of the first child and continuing until the child was two years old. The program cut abuse and neglect among at-risk children in half according to research published in a leading medical journal. In addition, children of mothers who received this coaching had 59% fewer arrests by age 15 than the children of mothers who were not coached. Yet this program reaches only a tiny fraction of eligible parents. Other major home visiting programs include Parents as Teachers, Healthy Families America, Early Head Start, Home Instruction for Parents of Preschool Youngsters, and the Parent-Child Home Program. However, hundreds of thousands of at-risk mothers across the country receive no in-home parent coaching. The impacts of child abuse and neglect cost Americans $94 billion a year. In 2005, the direct cost of child abuse and neglect in Michigan was an estimated $531,744,598. Prevention efforts such as Michigan's 0-3 Secondary Prevention Initiative, which reflects the use of a variety of program models, saved an estimated $41,268,095 in direct costs associated with child abuse and neglect; and

Whereas, In the 110th Congress, Senators Bond and Clinton and Representatives Davis and Platts, have reintroduced the bipartisan Education Begins at Home Act (S. 667/H.R. 2343) to provide grants to help states establish or expand voluntary in-home parent coaching programs for families with young children. The Education Begins at Home Act authorizes $400 million over three years in grants from the United States Department of Health and Human Services for voluntary in-home parent coaching programs. The Education Begins at Home Act also authorizes $100 million over three years in grants for voluntary in-home parent coaching programs for English language learners and military families. These programs will strengthen Early Head Start, which includes center-based and in-home parent coaching components. Each of the major home visiting programs operates in Michigan, and the Education Begins at Home Act allows program flexibility so that states are not tied to one particular model. These voluntary programs will help new parents learn skills to promote healthy child development and be better parents; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to enact the Education Begins at Home Act. We encourage sponsors of the bill to include separate funding authorization levels for each of the next five years, to target funding first toward jurisdictions with the greatest need, and to ensure that funding priority be given to evidence-based approaches that deliver effective results in improving outcomes for children and families; and be it further

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

The resolution and substitute were laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Lindberg, Meisner, Miller, Polidori, Scott, Emmons, Steil, Pearce, Hildenbrand, Schuitmaker, Knollenberg and Opsommer

Nays: Rep. Hoogendyk

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, July 24, 2007

Present: Reps. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Lindberg, Meisner, Miller, Polidori, Scott, Emmons, Hoogendyk, Steil, Pearce, Hildenbrand, Schuitmaker, Knollenberg and Opsommer

Absent: Reps. Hopgood and Moolenaar

Excused: Reps. Hopgood and Moolenaar

The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported

House Bill No. 4048, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

With the recommendation that the substitute (H-2) 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. Corriveau, Clemente, Bieda, Donigan and Hammon

Nays: Reps. Pearce, Ward and Wenke

The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported

House Bill No. 4447, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509o (MCL 168.509o), as added by 1994 PA 441.

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. Corriveau, Clemente, Bieda, Donigan and Hammon

Nays: Reps. Pearce, Ward and Wenke

The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported

House Bill No. 4448, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307 and 315 (MCL 257.307 and 257.315), section 307 as amended by 2006 PA 298 and section 315 as amended by 1999 PA 118.

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. Corriveau, Clemente, Bieda, Donigan and Hammon

Nays: Reps. Pearce, Ward and Wenke

The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported

House Bill No. 4553, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 759 (MCL 168.759), as amended by 1995 PA 261.

With the recommendation that the substitute (H-3) 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. Corriveau, Clemente, Bieda, Donigan and Hammon

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Corriveau, Chair, of the Committee on Ethics and Elections, was received and read:

Meeting held on: Tuesday, July 24, 2007

Present: Reps. Corriveau, Clemente, Bieda, Donigan, Hammon, Pearce, Ward and Wenke

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, July 19, 2007

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, July 24, 2007

Present: Reps. Miller, Meadows, Bieda, Farrah, Lindberg, Wenke, LaJoy and Steil

Absent: Reps. Constan, Hopgood and Rick Jones

Excused: Reps. Constan, Hopgood and Rick Jones

Second Reading of Bills

House Bill No. 4854, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," (MCL 38.1132 to 38.1140m) by adding section 13c.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Government Operations,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4854, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," (MCL 38.1132 to 38.1140m) by adding section 13c.

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

Roll Call No. 261 Yeas--103

Accavitti DeRoche Knollenberg Pearce

Acciavatti Dillon Lahti Polidori

Agema Donigan LaJoy Proos

Amos Ebli Law, David Robertson

Angerer Elsenheimer Law, Kathleen Rocca

Ball Emmons LeBlanc Sak

Bauer Espinoza Leland Schuitmaker

Bennett Farrah Lemmons Scott

Bieda Gaffney Lindberg Shaffer

Booher Gillard Marleau Sheltrown

Brandenburg Gonzales Mayes Simpson

Brown Green McDowell Smith, Alma

Byrnes Griffin Meadows Smith, Virgil

Byrum Hammel Meekhof Spade

Calley Hammon Meisner Stakoe

Casperson Hansen Melton Steil

Caswell Hildenbrand Meltzer Tobocman

Caul Hood Miller Vagnozzi

Clack Hoogendyk Moore Valentine

Clemente Horn Moss Walker

Condino Huizenga Nofs Ward

Constan Hune Opsommer Warren

Corriveau Jackson Palmer Wenke

Coulouris Johnson Palsrok Wojno

Cushingberry Jones, Rick Pastor Young

Dean Jones, Robert Pavlov

Nays--2

Garfield Nitz

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Reps. Accavitti, Agema, Angerer, Ball, Bauer, Bennett, Bieda, Brandenburg, Brown, Byrnes, Byrum, Calley, Caul, Clack, Condino, Corriveau, Cushingberry, Dean, DeRoche, Dillon, Donigan, Ebli, Elsenheimer, Espinoza, Gillard, Gonzales, Griffin, Hammel, Hammon, Hansen, Huizenga, Jackson, Johnson, Rick Jones, Robert Jones, LaJoy, David Law, Kathleen Law, LeBlanc, Leland, Lemmons, Marleau, McDowell, Meisner, Melton, Moss, Nofs, Opsommer, Palsrok, Pastor, Pearce, Polidori, Proos, Rocca, Sak, Schuitmaker, Shaffer, Simpson, Virgil Smith, Spade, Stahl, Stakoe, Tobocman, Valentine, Warren, Wojno and Young were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4903, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," (MCL 38.1132 to 38.1140m) by adding section 13c.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Government Operations,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4903, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," (MCL 38.1132 to 38.1140m) by adding section 13c.

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

Roll Call No. 262 Yeas--104

Accavitti DeRoche Knollenberg Pearce

Acciavatti Dillon Lahti Polidori

Agema Donigan LaJoy Proos

Amos Ebli Law, David Robertson

Angerer Elsenheimer Law, Kathleen Rocca

Ball Emmons LeBlanc Sak

Bauer Espinoza Leland Schuitmaker

Bennett Farrah Lemmons Scott

Bieda Gaffney Lindberg Shaffer

Booher Gillard Marleau Sheltrown

Brandenburg Gonzales Mayes Simpson

Brown Green McDowell Smith, Alma

Byrnes Griffin Meadows Smith, Virgil

Byrum Hammel Meekhof Spade

Calley Hammon Meisner Stahl

Casperson Hansen Melton Stakoe

Caswell Hildenbrand Meltzer Steil

Caul Hood Miller Tobocman

Clack Hoogendyk Moore Vagnozzi

Clemente Horn Moss Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

Nays--2

Garfield Nitz

In The Chair: Sak

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

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

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," (MCL 38.1132 to 38.1140m) by adding section 13d.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Accavitti, Bauer, Bieda, Byrum, Caul, Dillon, Ebli, Gonzales, Hammon, Robert Jones, McDowell, Meekhof, Nofs, Proos, Rocca, Sak, Scott, Sheltrown, Simpson and Spade were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 63.

A resolution to memorialize the Congress of the United States to enact legislation to prohibit federal funds from going to any business or entity that works with the Sudanese government.

(For text of resolution, see House Journal No. 35, p. 491.)

(The resolution was reported by the Committee on Government Operations on July 24, consideration of which, under the rules, was postponed until July 25.)

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 59.

A resolution to memorialize the Congress of the United States and the United States State Department to increase efforts to halt the violence and to provide humanitarian assistance in the Darfur region of Sudan.

(For text of resolution, see House Journal No. 32, p. 435.)

(The resolution was reported by the Committee on Government Operations on July 24, consideration of which, under the rules, was postponed until July 25.)

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4614, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40107d.

(The bill was received from the Senate on July 18, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 19, see House Journal No. 70, p. 1139.)

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 263 Yeas--106

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Garfield Marleau Shaffer

Booher Gillard Mayes Sheltrown

Brandenburg Gonzales McDowell Simpson

Brown Green Meadows Smith, Alma

Byrnes Griffin Meekhof Smith, Virgil

Byrum Hammel Meisner Spade

Calley Hammon Melton Stahl

Casperson Hansen Meltzer Stakoe

Caswell Hildenbrand Miller Steil

Caul Hood Moore Tobocman

Clack Hoogendyk Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

DeRoche Knollenberg

Nays--0

In The Chair: Sak

The House agreed to the full title.

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

Second Reading of Bills

House Bill No. 4533, 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 15 (MCL 423.215), as amended by 1994 PA 112.

The bill was read a second time.

Rep. Meekhof moved to amend the bill as follows:

1. Amend page 4, following line 15, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4306 of the 94th Legislature is enacted into law.".

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

Rep. Rick Jones moved to amend the bill as follows:

1. Amend page 3, following line 21, by inserting:

"(f) The decision of whether or not to contract with a third party for 1 or more noninstructional support services; or the procedures for obtaining the contract; or the identity of the third party; or the impact of the contract on individual employees or the bargaining unit. THE SUBJECTS IN THIS SUBDIVISION ARE PROHIBITED SUBJECTS OF BARGAINING ONLY AS TO CONTRACTUAL SERVICES THAT ARE TO BE OBTAINED BY COMPETITIVE BIDDING AND FOR WHICH PUBLIC SCHOOL EMPLOYEES WHO HAVE BEEN PERFORMING THE SERVICES ARE OFFERED AN OPPORTUNITY TO SUBMIT A BID." and relettering the remaining subdivisions.

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 264 Yeas--49

Acciavatti Garfield Marleau Pearce

Agema Green Meekhof Proos

Amos Hansen Meltzer Robertson

Ball Hildenbrand Moore Rocca

Booher Hoogendyk Moss Schuitmaker

Brandenburg Horn Nitz Shaffer

Calley Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

Gaffney

Nays--57

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Casperson Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Jackson Miller Young

Coulouris

In The Chair: Sak

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

The motion prevailed.

House Bill No. 4869, entitled

A bill to amend 2004 PA 403, entitled "Michigan boxing regulatory act," by amending sections 1, 10, 11, 20, 21, 22, 31, 32, 33, 34, 35, 47, 48, 51, 53, 54, 55, 56, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 338.3620, 338.3621, 338.3622, 338.3631, 338.3632, 338.3633, 338.3634, 338.3635, 338.3647, 338.3648, 338.3651, 338.3653, 338.3654, 338.3655, 338.3656, 338.3657, and 338.3658), sections 11, 31, 33, 34, 47, 48, and 54 as amended by 2005 PA 49.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4870, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 447 (MCL 750.447), as amended by 2004 PA 404.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 298, entitled

A bill to amend 1836 PA 25, entitled "An act concerning the records of deeds and other conveyances of land," by amending section 1 (MCL 565.581).

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

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

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

The motion prevailed.

Senate Bill No. 299, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 2002 PA 19.

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

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

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

The motion prevailed.

Senate Bill No. 301, entitled

A bill to amend 1873 PA 5, entitled "An act to provide for the recording of judgments in actions affecting or relating to the title of real estate," by amending section 1 (MCL 565.401).

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 303, entitled

A bill to amend 1875 PA 54, entitled "An act to facilitate the inspection and reproduction of the records and files in the offices of the registers of deeds," by amending section 1 (MCL 565.551), as amended by 1994 PA 51.

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

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

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

The motion prevailed.

House Bill No. 4956, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending sections 1105, 1107, 1109, 2111, 2113, 2119, 2123, 2125, 2129, 3103, 3119, 3121, 3123, 3125, 3127, 3135, 3137, 3139, 4101, 4103, 4105, 4107, 4111, 4113, 4116, 4117, 4125, 5101, 5105, 5107, 6101, 6115, 6129, 6137, 6147, 6149, 7105, 7113, 7115, 7119, 7125, 7137, 8105, and 8107 (MCL 289.1105, 289.1107, 289.1109, 289.2111, 289.2113, 289.2119, 289.2123, 289.2125, 289.2129, 289.3103, 289.3119, 289.3121, 289.3123, 289.3125, 289.3127, 289.3135, 289.3137, 289.3139, 289.4101, 289.4103, 289.4105, 289.4107, 289.4111, 289.4113, 289.4116, 289.4117, 289.4125, 289.5101, 289.5105, 289.5107, 289.6101, 289.6115, 289.6129, 289.6137, 289.6147, 289.6149, 289.7105, 289.7113, 289.7115, 289.7119, 289.7125, 289.7137, 289.8105, and 289.8107), sections 1109, 3119, 4111, 4117, 6101, and 6149 as amended by 2002 PA 487 and section 4116 as added by 2004 PA 267, and by adding sections 6140 and 7106; and to repeal acts and parts of acts.

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

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

Rep. Byrum moved to amend the bill as follows:

1. Amend page 13, line 16, after "CHEESE," by striking out "AND BUTTER" and inserting "BUTTER, AND ANY OTHER PRODUCT DERIVED FROM MILK".

2. Amend page 17, line 21, after "upon" by striking out "reinspection" and inserting "REEVALUATION".

3. Amend page 40, line 23, by striking out "AND" and inserting "OR".

4. Amend page 46, line 6, after "AS" by striking out "DESCRIED" and inserting "DESCRIBED".

5. Amend page 58, line 8, after "FENNEL" by striking out the balance of the line and inserting "OR ANISE AND may contain".

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

Rep. Gonzales moved to amend the bill as follows:

1. Amend page 53, following line 2, by inserting:

"SEC. 6150. (1) AS USED IN THIS SECTION:

(A) "ARTIFICIAL TRANS FAT" MEANS AN UNSATURATED FAT OR FATTY ACID THAT IS PRODUCED BY THE PARTIAL HYDROGENATION OF PLANT OILS AND THAT CONTAINS 1 OR MORE INSTANCES OF ATOMS BONDED IN A TRANS CONFIGURATION.

(B) "PUBLICLY AVAILABLE" MEANS ACCESSIBLE TO CONSUMERS, WITHOUT THEIR HAVING TO REQUEST IT, BEFORE PLACING THEIR FOOD ORDERS OR MAKING THEIR SELECTIONS.

(C) "SELECTION INFORMATION" MEANS WHATEVER CONSUMERS READ TO MAKE THEIR ORDER SELECTIONS, SUCH AS A MENU, TABLE TENT, PLACARD, CHALKBOARD, OR OTHER WRITTEN MEANS.

(2) A FOOD SERVICE ESTABLISHMENT MAY, BUT IS NOT REQUIRED TO, PROVIDE ON THE SELECTION INFORMATION, SO THAT IT IS PUBLICLY AVAILABLE, A STATEMENT REGARDING THE PRESENCE OR LACK OF ARTIFICIAL TRANS FAT IN ANY FOOD SERVED BY THE FOOD SERVICE ESTABLISHMENT.

(3) A STATEMENT DESCRIBED IN SUBSECTION (2) MAY BE TAILORED TO BE PRODUCT-SPECIFIC IF A FOOD SERVICE ESTABLISHMENT HAS A LIMITED MENU.

(4) THE TEXT FOR A STATEMENT DESCRIBED IN SUBSECTION (2) MAY BE IN MORE THAN 1LANGUAGE AND MAY MEET THE REQUIREMENTS OF SECTION 6149.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 265 Yeas--65

Accavitti Dean Jones, Robert Moore

Angerer Dillon Lahti Nofs

Ball Donigan LaJoy Polidori

Bauer Ebli Law, David Scott

Bennett Espinoza Law, Kathleen Sheltrown

Bieda Farrah LeBlanc Smith, Alma

Brown Gaffney Leland Smith, Virgil

Byrnes Gillard Lemmons Spade

Casperson Gonzales Lindberg Steil

Caul Hammel Marleau Tobocman

Clack Hammon Mayes Vagnozzi

Clemente Hood McDowell Valentine

Condino Horn Meadows Warren

Constan Jackson Meisner Wenke

Corriveau Johnson Melton Wojno

Coulouris Jones, Rick Miller Young

Cushingberry

Nays--41

Acciavatti Garfield Meltzer Robertson

Agema Green Moss Rocca

Amos Griffin Nitz Sak

Booher Hansen Opsommer Schuitmaker

Brandenburg Hildenbrand Palmer Shaffer

Byrum Hoogendyk Palsrok Simpson

Calley Huizenga Pastor Stahl

Caswell Hune Pavlov Stakoe

DeRoche Knollenberg Pearce Walker

Elsenheimer Meekhof Proos Ward

Emmons

In The Chair: Sak

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

The motion prevailed.

House Bill No. 4553, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 759 (MCL 168.759), as amended by 1995 PA 261.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Ethics and Elections,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Ward moved to amend the bill as follows:

1. Amend page 3, line 9, by striking out "MAY" and inserting "SHALL".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 266 Yeas--48

Acciavatti Emmons Law, David Pavlov

Agema Gaffney Marleau Pearce

Amos Garfield Meekhof Proos

Ball Green Meltzer Robertson

Booher Hansen Moore Rocca

Brandenburg Hildenbrand Moss Schuitmaker

Calley Hoogendyk Nitz Shaffer

Casperson Horn Nofs Steil

Caswell Huizenga Opsommer Vagnozzi

Caul Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Elsenheimer LaJoy Pastor Wenke

Nays--58

Accavitti Dean Jones, Robert Sak

Angerer Dillon Lahti Scott

Bauer Donigan Law, Kathleen Sheltrown

Bennett Ebli LeBlanc Simpson

Bieda Espinoza Leland Smith, Alma

Brown Farrah Lemmons Smith, Virgil

Byrnes Gillard Lindberg Spade

Byrum Gonzales Mayes Stahl

Clack Griffin McDowell Stakoe

Clemente Hammel Meadows Tobocman

Condino Hammon Meisner Valentine

Constan Hood Melton Warren

Corriveau Hune Miller Wojno

Coulouris Jackson Polidori Young

Cushingberry Johnson

In The Chair: Sak

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

The motion prevailed.

House Bill No. 4447, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509o (MCL 168.509o), as added by 1994 PA 441.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4448, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307 and 315 (MCL 257.307 and 257.315), section 307 as amended by 2006 PA 298 and section 315 as amended by 1999 PA 118.

The bill was read a second time.

Rep. Warren 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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, July 19:

Senate Bill Nos. 641 642 643

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, July 20:

House Bill Nos. 5037 5038 5039 5040 5041 5042 5043

Reports of Standing Committees

The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported

House Bill No. 4981, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as added by 1995 PA 60.

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. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson and Stakoe

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:

Meeting held on: Tuesday, July 24, 2007

Present: Reps. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson and Stakoe

Absent: Reps. Walker and Horn

Excused: Reps. Walker and Horn

The Committee on Regulatory Reform, by Rep. Farrah, Chair, reported

House Resolution No. 158.

A resolution to concur in a tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan and signed on May 9, 2007.

(For text of resolution, see House Journal No. 72, p. 1152.)

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. Farrah, Virgil Smith, Wojno, Palsrok, Gaffney and Ward

Nays: None

The Committee on Regulatory Reform, by Rep. Farrah, Chair, reported

House Concurrent Resolution No. 39.

A concurrent resolution to concur in a tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan and signed on May 9, 2007.

(For text of concurrent resolution, see House Journal No. 72, p. 1153.)

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. Farrah, Virgil Smith, Wojno, Palsrok, Gaffney and Ward

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Farrah, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, July 24, 2007

Present: Reps. Farrah, Scott, Virgil Smith, Wojno, Marleau, Palsrok, Gaffney and Ward

Absent: Rep. Meadows

Excused: Rep. Meadows

Communications from State Officers

The following communication from the Department of Labor and Economic Growth was received and read:

July 20, 2007

I am pleased to forward to you a copy of the 2006 OFIS Annual Report. It contains valuable references for information about regulated entities engaged in the business of insurance, banking and securities in Michigan. It is more than just a statistical report, however. We offer updates about each area of the agency, a summary of legislative activity, and descriptions of changes in the status of the entities we regulate.

I hope you will take a few minutes to review this information. This publication is also available on the website at www.michigan.gov/ofis.

Sincerely,

Linda A. Watters

Commissioner

Office of Financial and Insurance Services

The communication was referred to the Clerk.

Introduction of Bills

Reps. Miller, Accavitti, Alma Smith and Constan introduced

House Bill No. 5044, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 601b (MCL 257.601b), as amended by 2003 PA 314.

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

Reps. Miller, Accavitti, Alma Smith and Constan introduced

House Bill No. 5045, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2004 PA 26.

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

Reps. Meisner, Miller, Meekhof, Accavitti, Wojno, Stahl, Hammon, Brown, Polidori, Donigan, Ebli, Stakoe, Kathleen Law, Johnson, Griffin, Lemmons, Simpson, Ball, Hildenbrand, Sheltrown, Shaffer, Vagnozzi, Angerer and Gonzales introduced

House Bill No. 5046, entitled

A bill to provide for restroom access for persons with certain medical conditions; to provide immunity from liability for permitting restroom access; and to prescribe penalties.

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

Reps. Johnson, Constan, Hammel, Clack, Cushingberry, Accavitti, Scott, Lemmons, Jackson and Hammon introduced

House Bill No. 5047, entitled

A bill to amend 2006 PA 480, entitled "Uniform video services local franchise act," by amending section 6 (MCL 484.3306).

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

Reps. Accavitti, Tobocman, Johnson, Jackson, Hopgood, Mayes and Lemmons introduced

House Bill No. 5048, entitled

A bill to amend 2006 PA 480, entitled "Uniform video services local franchise act," by amending section 10 (MCL 484.3310).

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

Reps. Johnson, Constan, Hammel, Clack, Accavitti, Hood, Scott, Lemmons, Jackson and Hammon introduced

House Bill No. 5049, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending sections 13, 16, and 18 (MCL 400.713, 400.716, and 400.718), section 13 as amended by 2004 PA 281.

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

Reps. Stakoe, Meekhof, Byrnes, Ball, Hammon, Moolenaar, Walker, Caul, Robertson, Bieda, Nofs and Caswell introduced

House Bill No. 5050, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending section 5a (MCL 552.605a), as amended by 2002 PA 572, and by adding section 27a.

The bill was read a first time by its title and referred to the Committee on Families and Children's Services.

Reps. Stakoe, Meekhof, Ball, Hammon, Caul, Robertson, Hansen, Nofs and Caswell introduced

House Bill No. 5051, entitled

A bill to amend 1980 PA 497, entitled "Construction lien act," by amending sections 107, 108a, 109, 110, 115, 119, and 203 (MCL 570.1107, 570.1108a, 570.1109, 570.1110, 570.1115, 570.1119, and 570.1203), section 107 as amended by 2006 PA 497, section 108a as added and sections 109 and 119 as amended by 1982 PA 17, and sections 110, 115, and 203 as amended by 2006 PA 572.

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

Reps. Amos, Wojno, David Law, Angerer, Warren, Stakoe, Byrnes, LaJoy, Casperson, Green and Hildenbrand introduced

House Bill No. 5052, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1178b.

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

Reps. Caswell, Farrah, Hansen, Casperson, Knollenberg, Stakoe, Nofs and Stahl introduced

House Bill No. 5053, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 56a (MCL 211.56a), as amended by 1998 PA 435.

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

Reps. Donigan, Constan, Condino, Ebli, Mayes, Warren, Kathleen Law, Meisner, Miller, Alma Smith, Johnson, Bieda, Byrnes, Cushingberry, Tobocman and Vagnozzi introduced

House Bill No. 5054, entitled

A bill to create the sexual assault victims' medical forensic intervention and treatment fund; to provide for assessments against certain criminal defendants and certain juvenile offenders; to provide for expenditures from the fund; to provide for establishment of and funding for medical forensic intervention and treatment programs for victims of criminal sexual conduct; and to prescribe the powers and duties of certain state and local governmental officers and agencies.

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

Reps. Donigan, Constan, Condino, Ebli, Mayes, Warren, Kathleen Law, Meisner, Miller, Alma Smith, Johnson, Bieda, Byrnes, Cushingberry, Tobocman and Vagnozzi introduced

House Bill No. 5055, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1j of chapter IX (MCL 769.1j), as added by 2003 PA 70.

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

Reps. Donigan, Constan, Condino, Ebli, Mayes, Warren, Kathleen Law, Meisner, Miller, Alma Smith, Johnson, Bieda, Byrnes, Cushingberry, Tobocman and Vagnozzi introduced

House Bill No. 5056, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18m of chapter XIIA (MCL 712A.18m), as amended by 2004 PA 102.

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

Reps. Donigan, Constan, Condino, Ebli, Mayes, Warren, Kathleen Law, Meisner, Miller, Alma Smith, Johnson, Byrnes, Cushingberry, Tobocman and Vagnozzi introduced

House Bill No. 5057, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 181 (MCL 600.181), as added by 2003 PA 97.

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

Rep. Cushingberry introduced

House Bill No. 5058, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 17, 18, and 20 (MCL 431.317, 431.318, and 431.320), sections 17 and 18 as amended by 1998 PA 408 and section 20 as amended by 2006 PA 185.

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

Rep. Young introduced

House Bill No. 5059, entitled

A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by amending section 22 (MCL 207.1022).

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

Reps. Condino, Bieda, Meisner and Dean introduced

House Bill No. 5060, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by repealing section 2102 (MCL 600.2102).

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

Rep. Opsommer introduced

House Bill No. 5061, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 307c.

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

Reps. Opsommer, Green, Agema, Shaffer, Moss, Meekhof, Hoogendyk, Stahl and Emmons introduced

House Bill No. 5062, entitled

A bill to require certain state officials to make certain reports to the governor and to the legislature.

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

______

Rep. Griffin moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, July 25, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives