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