No. 44
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2005
House Chamber, Lansing, Thursday, May 19, 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--present
Ball--present Gillard--present McConico--present Sheltrown--present
Baxter--present Gleason--present McDowell--present Smith, Alma--present
Bennett--excused Gonzales--present Meisner--present Smith, Virgil--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--excused
Caul--present Hummel--present Nofs--present Van Regenmorter--present
Cheeks--present Hune--present Palmer--present Vander Veen--present
Clack--present Hunter--excused Palsrok--present Walker--present
Clemente--present Jones--present Pastor--present Ward--present
Condino--present Kahn--present Pavlov--present Waters--present
Cushingberry--excused Kehrl--present Pearce--present Wenke--present
DeRoche--present Kolb--present Phillips--present Whitmer--present
Dillon--present Kooiman--present Plakas--present Williams--present
Donigan--present LaJoy--present Polidori--present Wojno--present
Drolet--present Law, David--present Proos--present Zelenko--present
Elsenheimer--present Law, Kathleen--present
e/d/s = entered during session
Rep. Rick Jones, from the 71st District, offered the following invocation:
"Heavenly Father, You teach us in Chronicles, if we will turn from our ways, seek Your face and pray, You will heal our land. Today we pray that You will inspire us and guide us to act in a bipartisan way to heal this great state of Michigan. Help us to create jobs. Help us to stop the scourge of methamphetamine. We pray today that we will work together to improve our great state. In Jesus' name, Amen."
______
Rep. Sak moved that Reps. Bennett, Cushingberry, Hunter and Vagnozzi be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4161, entitled
A bill to amend 1996 PA 305, entitled "Acknowledgment of parentage act," by repealing section 6 (MCL 722.1006).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Pastor moved to amend the bill as follows:
1. Amend page 1, line 6, after "COURT." by inserting "THIS GRANT OF INITIAL CUSTODY TO THE MOTHER SHALL NOT, BY ITSELF, AFFECT THE RIGHTS OF EITHER PARENT IN A PROCEEDING TO SEEK A COURT ORDER FOR CUSTODY OR PARENTING TIME.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Alma Smith moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 4421, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1204c (MCL 500.1204c), as amended by 2001 PA 228.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Sheen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Sak moved that Rep. Tobocman be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4484, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending section 30i (MCL 125.2330i), as added by 2003 PA 44.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 132 Yeas--105
Accavitti Espinoza Leland Proos
Acciavatti Farhat Lemmons, III Robertson
Adamini Farrah Lemmons, Jr. Rocca
Amos Gaffney Lipsey Sak
Anderson Garfield Marleau Schuitmaker
Angerer Gillard Mayes Shaffer
Ball Gleason McConico Sheen
Baxter Gonzales McDowell Sheltrown
Bieda Gosselin Meisner Smith, Alma
Booher Green Meyer Smith, Virgil
Brandenburg Hansen Miller Spade
Brown Hildenbrand Moolenaar Stahl
Byrnes Hood Moore Stakoe
Byrum Hoogendyk Mortimer Steil
Casperson Hopgood Murphy Stewart
Caswell Huizenga Newell Taub
Caul Hummel Nitz Van Regenmorter
Cheeks Hune Nofs Vander Veen
Clack Jones Palmer Walker
Clemente Kahn Palsrok Ward
Condino Kehrl Pastor Waters
DeRoche Kolb Pavlov Wenke
Dillon Kooiman Pearce Whitmer
Donigan LaJoy Phillips Williams
Drolet Law, David Plakas Wojno
Elsenheimer Law, Kathleen Polidori Zelenko
Emmons
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.
Senate Bill No. 77, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2004 PA 351.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 133 Yeas--106
Accavitti Espinoza Lemmons, III Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Farrah Lipsey Sak
Amos Gaffney Marleau Schuitmaker
Anderson Garfield Mayes Shaffer
Angerer Gillard McConico Sheen
Ball Gleason McDowell Sheltrown
Baxter Gonzales Meisner Smith, Alma
Bieda Gosselin Meyer Smith, Virgil
Booher Green Miller Spade
Brandenburg Hansen Moolenaar Stahl
Brown Hildenbrand Moore Stakoe
Byrnes Hood Mortimer Steil
Byrum Hoogendyk Murphy Stewart
Casperson Hopgood Newell Taub
Caswell Huizenga Nitz Tobocman
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Jones Palsrok Walker
Clemente Kahn Pastor Ward
Condino Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons Leland
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4551, entitled
A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," (MCL 125.1501 to 125.1531) by adding section 13e.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 134 Yeas--106
Accavitti Espinoza Lemmons, III Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Farrah Lipsey Sak
Amos Gaffney Marleau Schuitmaker
Anderson Garfield Mayes Shaffer
Angerer Gillard McConico Sheen
Ball Gleason McDowell Sheltrown
Baxter Gonzales Meisner Smith, Alma
Bieda Gosselin Meyer Smith, Virgil
Booher Green Miller Spade
Brandenburg Hansen Moolenaar Stahl
Brown Hildenbrand Moore Stakoe
Byrnes Hood Mortimer Steil
Byrum Hoogendyk Murphy Stewart
Casperson Hopgood Newell Taub
Caswell Huizenga Nitz Tobocman
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Jones Palsrok Walker
Clemente Kahn Pastor Ward
Condino Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons Leland
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.
House Bill No. 4635, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8515 and 8516 (MCL 324.8515 and 324.8516), as added by 1995 PA 60.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 135 Yeas--106
Accavitti Espinoza Lemmons, III Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Farrah Lipsey Sak
Amos Gaffney Marleau Schuitmaker
Anderson Garfield Mayes Shaffer
Angerer Gillard McConico Sheen
Ball Gleason McDowell Sheltrown
Baxter Gonzales Meisner Smith, Alma
Bieda Gosselin Meyer Smith, Virgil
Booher Green Miller Spade
Brandenburg Hansen Moolenaar Stahl
Brown Hildenbrand Moore Stakoe
Byrnes Hood Mortimer Steil
Byrum Hoogendyk Murphy Stewart
Casperson Hopgood Newell Taub
Caswell Huizenga Nitz Tobocman
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Jones Palsrok Walker
Clemente Kahn Pastor Ward
Condino Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Plakas Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons Leland
Nays--0
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8515 (MCL 324.8515), as added by 1995 PA 60, and by adding section 8518.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. McConico, Anderson, Stewart, Phillips, Meyer, Newell, Brown, Farrah, Taub, Amos, Stakoe, Gleason, Shaffer, Nofs, Ward, Emmons, Stahl, Palsrok, Walker, Gillard, Ball, Clemente, Elsenheimer, Espinoza, Gonzales, Gosselin, Hildenbrand, Jones, Lemmons, III, Lemmons, Jr., Marleau, Mayes, McDowell, Moore, Polidori, Sheltrown and Spade were named co-sponsors of the bill.
Notices
Rep. Plakas, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 126-131. Had I been present, I would have voted 'yea'."
By unanimous consent the House returned to the order of
Second Reading of Bills
The House returned to the consideration of
House Bill No. 4161, entitled
A bill to amend 1996 PA 305, entitled "Acknowledgment of parentage act," by repealing section 6 (MCL 722.1006).
(The bill was considered earlier today, see today's Journal, p. 656.)
Rep. Alma Smith moved to amend the bill as follows:
1. Amend page 1, line 2, after "parentage," by striking out the balance of the line through "child," on line 3 and inserting "UNLESS THE PARENTS OTHERWISE AGREE IN WRITING IN THE DOCUMENT PROVIDED FOR IN SECTION 7, THE CHILD SHALL BE DISCHARGED TO RESIDE WITH THE MOTHER,".
2. Amend page 2, following line 3, by striking all of subsection (c) and inserting:
"(C) THE CHILD SHALL RESIDE WITH THE MOTHER WITHOUT PREJUDICE TO THE DETERMINATION OF EITHER PARENT'S CUSTODIAL RIGHTS, UNTIL OTHERWISE DETERMINED BY THE COURT OR AGREED BY THE PARTIES IN WRITING AND ACKNOWLEDGED BY THE COURT. THE CHILD'S RESIDENCE WITH THE MOTHER SHALL NOT BY ITSELF, AFFECT THE RIGHTS OF EITHER PARENT IN A PROCEEDING AND SEEK A COURT ORDER FOR CUSTODY OR PARENTING TIME.".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Pastor moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stakoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Sak moved that Reps. Virgil Smith and Cheeks be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 136 Yeas--104
Accavitti Espinoza Leland Proos
Acciavatti Farhat Lemmons, III Robertson
Adamini Farrah Lemmons, Jr. Rocca
Amos Gaffney Lipsey Sak
Anderson Garfield Marleau Schuitmaker
Angerer Gillard Mayes Shaffer
Ball Gleason McConico Sheen
Baxter Gonzales McDowell Sheltrown
Bieda Gosselin Meisner Smith, Alma
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Jones Palmer Walker
Condino Kahn Palsrok Ward
DeRoche Kehrl Pastor Waters
Dillon Kolb Pavlov Wenke
Donigan Kooiman Pearce Whitmer
Drolet LaJoy Phillips Williams
Elsenheimer Law, David Plakas Wojno
Emmons Law, Kathleen 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, Kooiman, Meyer, Brown, Tobocman, Bieda, Taub, Gleason, Ward, Sak, Stahl, Farhat, Moolenaar, Palsrok, Gillard, Dillon, Byrnes, Clemente, Espinoza, Gonzales, Gosselin, Kehrl, David Law, Lemmons, III, Lemmons, Jr., Marleau, McDowell, Mortimer, Polidori, Sheltrown and Spade were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4603, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3109 (MCL 324.3109).
(The bill was received from the Senate on May 18, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 43, p. 652.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 137 Yeas--105
Accavitti Farhat Lemmons, III Robertson
Acciavatti Farrah Lemmons, Jr. Rocca
Adamini Gaffney Lipsey Sak
Amos Garfield Marleau Schuitmaker
Anderson Gillard Mayes Shaffer
Angerer Gleason McConico Sheen
Ball Gonzales McDowell Sheltrown
Baxter Gosselin Meisner Smith, Alma
Bieda Green Meyer Smith, Virgil
Booher Hansen Miller Spade
Brandenburg Hildenbrand Moolenaar Stahl
Brown Hood Moore Stakoe
Byrnes Hoogendyk Mortimer Steil
Byrum Hopgood Murphy Stewart
Casperson Huizenga Newell Taub
Caswell Hummel Nitz Tobocman
Caul Hune Nofs Van Regenmorter
Cheeks Jones Palmer Vander Veen
Clack Kahn Palsrok Walker
Clemente Kehrl Pastor Ward
Condino Kolb Pavlov Waters
DeRoche Kooiman Pearce Wenke
Dillon LaJoy Phillips Whitmer
Donigan Law, David Plakas Williams
Elsenheimer Law, Kathleen Polidori Wojno
Emmons Leland Proos Zelenko
Espinoza
Nays--1
Drolet
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
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. Huizenga, Sheen, Hoogendyk, Hildenbrand, Stahl, Newell, Vander Veen, Hummel, Taub, Shaffer, Robertson, Baxter, Gosselin, Casperson, Schuitmaker, Van Regenmorter, Ball, Hansen, Jones, Kooiman, Lemmons, III, Lemmons, Jr., Meyer, Mortimer, Nofs, Pearce, Proos, Sheltrown and Pastor offered the following resolution:
House Resolution No. 76.
A resolution memorializing the United States Congress to pass H.R. 2353, the Common Sense Indian Gambling Reform Act.
Whereas, The federal government, in an effort to provide American Indian tribes with an avenue to seek economic advancement, enacted the Indian Gaming Regulatory Act of 1988 (IGRA). This act requires states that do not completely outlaw Class III (casino-style) gaming to negotiate with federally recognized Indian tribes within the state in good faith to allow the tribes to conduct Class III gaming; and
Whereas, Over the last two decades, Michigan has gone from limited gaming options such as horse racing, bingo, and charity games to Las Vegas-style gaming in the four corners of our state. Three large commercial casinos are located in Detroit and eleven Indian tribes are authorized to conduct Class III gaming. A twelfth tribe is seeking to conduct Class III gaming while other tribes look for ways to expand their gaming sites throughout Michigan. Canada and neighboring states provide additional gaming sites for Michiganians. Easily accessible gaming operations impact every community, with crime, family stress, financial problems, and gambling addiction burdening communities and government agencies trying to cope; and
Whereas, Although Michigan voters approved Proposal E in November 1996, which legalized casino gaming in Detroit, the voters signaled their displeasure with the proliferation of gaming in our state in November 2004 by approving Proposal 04-1, a proposal that has amended our state constitution to require voter approval for any additional gaming. Although the voters are clear about wanting to place limits on the further expansion of an already vast array of casino operations, the state is not free to carry out this expression of the will of the people due to the primacy of IGRA in regulating Indian gaming; and
Whereas, United States Representative Mike Rogers has introduced H.R. 2353, the Common Sense Indian Gambling Reform Act. This act would, if enacted, require the approval of the Governor and Legislature of a state before any Indian gaming compact goes into effect. The act would also restrict tribes to only operate casinos in a single, contiguous parcel of Indian land which is located in the primary geographic, social, and historic nexus of the tribe in that state. Other provisions would provide for background investigations; specify certain notifications by tribes that seek to build gaming facilities on land taken into trust; and require that the impact on communities, businesses, local governments, or Indian tribes within a fifty-mile radius of land proposed to be taken into trust be considered. This bill is a reasonable compromise between providing Indian tribes economic benefits through gaming opportunities and accommodating the people of Michigan who have clearly expressed their concerns over unrestricted gaming expansion; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to pass H.R. 2353, the Common Sense Indian Gambling Reform Act; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Commerce.
Reps. Sheltrown, Accavitti, Adamini, Anderson, Ball, Brown, Byrum, Clack, Condino, Farrah, Gleason, Gonzales, Green, Hansen, Hildenbrand, Hopgood, Kolb, Kooiman, Leland, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, Meyer, Murphy, Nofs, Plakas, Polidori, Sak, Alma Smith, Spade, Stahl, Waters and Wojno offered the following resolution:
House Resolution No. 77.
A resolution commemorating May 24, 2005, as Propane Awareness Day in Michigan.
Whereas, The mission of the Michigan Propane Gas Association is to promote the proper handling and use of propane, work for a favorable environment for propane distribution and marketing, and increase its application by demonstrating propane's value as a clean energy source; and
Whereas, The Michigan Propane Gas Association is a trade and membership service organization that represents propane marketers throughout the state. Founded on April 3, 1947, the Association has grown in its influence, while maintaining its core principles of education and safety. The Association's primary purpose is to maintain high standards of practice within the industry and, in so doing, protecting and expanding the ability of its members to compete in the market place. The Association is dedicated to the betterment of the propane industry and to customers it serves in Michigan. Since its inception, the Michigan Propane Gas Association has been supported by its many volunteers who dedicate their time for the betterment of the industry; and
Whereas, The Michigan Propane Gas Association established Propane Awareness Day to demonstrate the numerous safe uses of propane. We salute the people of the Michigan Propane Gas Association for their efforts to expand our awareness and knowledge of the propane industry; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate May 24, 2005, as Propane Awareness Day in Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the organizers of Propane Awareness Day as evidence 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.
Reps. Steil, Sheen, Hoogendyk, Hildenbrand, Stahl, Newell, Vander Veen, Hummel, Taub, Shaffer, Robertson, Baxter, Gosselin, Casperson, Schuitmaker, Van Regenmorter, Ball, Hansen, Jones, Kooiman, Lemmons, III, Lemmons, Jr., Mortimer, Pearce, Sheltrown, Nofs, Pastor and Huizenga offered the following concurrent resolution:
House Concurrent Resolution No. 14.
A concurrent resolution memorializing the United States Congress to pass H.R. 2353, the Common Sense Indian Gambling Reform Act.
Whereas, The federal government, in an effort to provide American Indian tribes with an avenue to seek economic advancement, enacted the Indian Gaming Regulatory Act of 1988 (IGRA). This act requires states that do not completely outlaw Class III (casino-style) gaming to negotiate with federally recognized Indian tribes within the state in good faith to allow the tribes to conduct Class III gaming; and
Whereas, Over the last two decades, Michigan has gone from limited gaming options such as horse racing, bingo, and charity games to Las Vegas-style gaming in the four corners of our state. Three large commercial casinos are located in Detroit and eleven Indian tribes are authorized to conduct Class III gaming. A twelfth tribe is seeking to conduct Class III gaming while other tribes look for ways to expand their gaming sites throughout Michigan. Canada and neighboring states provide additional gaming sites for Michiganians. Easily accessible gaming operations impact every community, with crime, family stress, financial problems, and gambling addiction burdening communities and government agencies trying to cope; and
Whereas, Although Michigan voters approved Proposal E in November 1996, which legalized casino gaming in Detroit, the voters signaled their displeasure with the proliferation of gaming in our state in November 2004 by approving Proposal 04-1, a proposal that has amended our state constitution to require voter approval for any additional gaming. Although the voters are clear about wanting to place limits on the further expansion of an already vast array of casino operations, the state is not free to carry out this expression of the will of the people due to the primacy of IGRA in regulating Indian gaming; and
Whereas, United States Representative Mike Rogers has introduced H.R. 2353, the Common Sense Indian Gambling Reform Act. This act would, if enacted, require the approval of the Governor and Legislature of a state before any Indian gaming compact goes into effect. The act would also restrict tribes to only operate casinos in a single, contiguous parcel of Indian land which is located in the primary geographic, social, and historic nexus of the tribe in that state. Other provisions would provide for background investigations; specify certain notifications by tribes that seek to build gaming facilities on land taken into trust; and require that the impact on communities, businesses, local governments, or Indian tribes within a fifty-mile radius of land proposed to be taken into trust be considered. This bill is a reasonable compromise between providing Indian tribes economic benefits through gaming opportunities and accommodating the people of Michigan who have clearly expressed their concerns over unrestricted gaming expansion; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the United States Congress to pass H.R. 2353, the Common Sense Indian Gambling Reform Act; 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 concurrent resolution was referred to the Committee on Commerce.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 19:
House Bill Nos. 4806 4807 4808
Senate Bill Nos. 507 508 509 510 511 521 525
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4142, entitled
A bill to amend 1970 PA 38, entitled "An act to provide for assessment and remedial assistance programs of students in reading, mathematics and vocational education," by amending section 2 (MCL 388.1082).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4008, entitled
A bill to amend 1972 PA 251, entitled "An act to provide for the reciprocal exchange of educational services between this state and other states; to provide for reduced or waived tuition, and to designate the state agency for negotiating agreements," by amending sections 1, 2, 3, 4, and 5 (MCL 390.501, 390.502, 390.503, 390.504, and 390.505).
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Introduction of Bills
Reps. Hopgood, Anderson, Zelenko, Condino, Spade, Kathleen Law, Donigan and Espinoza introduced
House Bill No. 4809, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2004 PA 427.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Gosselin, Palmer, Sheen, Garfield, Schuitmaker, Acciavatti, Stahl and Shaffer introduced
House Bill No. 4810, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1260 (MCL 380.1260), as amended by 1995 PA 289.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Drolet, Ward, Byrum and Anderson introduced
House Bill No. 4811, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Stahl, Baxter, LaJoy, Pavlov, Nitz, Huizenga, Newell, Gosselin, Stewart, Elsenheimer, Mortimer, Kahn, Booher, Emmons, Nofs, Taub and Hildenbrand introduced
House Bill No. 4812, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Booher, Baxter, LaJoy, Pavlov, Nitz, Huizenga, Newell, Stahl, Gosselin, Stewart, Elsenheimer, Mortimer, Kahn, Emmons, Nofs, Taub and Hildenbrand introduced
House Bill No. 4813, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Pavlov, Baxter, LaJoy, Nitz, Huizenga, Newell, Stahl, Gosselin, Stewart, Elsenheimer, Mortimer, Kahn, Booher, Emmons, Nofs, Taub and Hildenbrand introduced
House Bill No. 4814, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Pearce, Baxter, LaJoy, Pavlov, Nitz, Huizenga, Newell, Stahl, Gosselin, Stewart, Elsenheimer, Mortimer, Booher, Emmons, Nofs, Taub and Hildenbrand introduced
House Bill No. 4815, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Huizenga, Baxter, LaJoy, Pavlov, Nitz, Newell, Stewart, Stahl, Gosselin, Elsenheimer, Mortimer, Booher, Kahn, Emmons, Nofs, Taub and Hildenbrand introduced
House Bill No. 4816, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Caul, Baxter, LaJoy, Pavlov, Huizenga, Nitz, Newell, Stewart, Stahl, Gosselin, Elsenheimer, Mortimer, Booher, Emmons, Nofs, Taub and Hildenbrand introduced
House Bill No. 4817, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 3 (MCL 125.2683), as amended by 2000 PA 259.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Baxter, LaJoy, Pavlov, Huizenga, Nitz, Newell, Stewart, Stahl, Gosselin, Elsenheimer, Mortimer, Booher, Emmons, Nofs, Taub and Hildenbrand introduced
House Bill No. 4818, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Hansen, Baxter, LaJoy, Pavlov, Huizenga, Nitz, Newell, Stewart, Stahl, Gosselin, Elsenheimer, Mortimer, Booher, Emmons, Nofs and Taub introduced
House Bill No. 4819, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 9 (MCL 125.2689).
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Farhat introduced
House Bill No. 4820, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending section 8a (MCL 124.508a), as amended by 1996 PA 45.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 4274, entitled
A bill to amend 1984 PA 218, entitled "Third party administrator act," by amending section 34 (MCL 550.934) and by adding section 31.
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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos and Lemmons, III
Nays: Reps. Hopgood, Miller, Angerer, Virgil Smith, Kehrl and Clack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, May 18, 2005
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Virgil Smith, Kehrl and Clack
The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported
House Bill No. 4444, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9105 and 9106 (MCL 324.9105 and 324.9106), as amended by 2000 PA 504, and by adding sections 9106a and 9115a.
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, LaJoy, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law and Donigan
Nays: None
The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported
House Bill No. 4774, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 2004 PA 114.
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, LaJoy, Elsenheimer, Pearce, Gillard, Miller, Byrnes, Kathleen Law and Donigan
Nays: Rep. Moore
The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported
Senate Bill No. 282, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 9115a and 9115b.
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. Palsrok, Pavlov, Meyer, LaJoy, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law 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, May 19, 2005
Present: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law and Donigan
Absent: Reps. Ward and Bennett
Excused: Reps. Ward and Bennett
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, May 18, 2005
Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Accavitti and Donigan
Absent: Rep. Vagnozzi
Excused: Rep. Vagnozzi
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, May 19, 2005
Present: Reps. Casperson, Hildenbrand, Nitz, Stakoe, Rocca, McDowell, Sheltrown, Gillard and Espinoza
Absent: Reps. Garfield and Baxter
Excused: Reps. Garfield and Baxter
______
Rep. Miller moved that the House adjourn.
The motion prevailed, the time being 12:10 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, May 24, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives