No. 49

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Wednesday, May 21, 2008.

1:30 p.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—present

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—present Steil—present

Cheeks—present Hoogendyk—present Moore—present Tobocman—present

Clack—present Hopgood—present 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—excused

Cushingberry—present Jones, Rick—present Pastor—present Wojno—present

Dean—present Jones, Robert—present Pavlov—present Young—present

DeRoche—excused Knollenberg—present

e/d/s = entered during session

Rep. Kenneth B. Horn, from the 94th District, offered the following invocation:

“Dear Father:

Thank you for bringing us here today.

Let us look to You for guidance. Grant each of us healthy minds and bodies.

Enlighten and direct our hearts with understanding, compassion and humility.

Let us remember the men and women in our armed services, and particularly those who make their home in Michigan.

Grant safe journey to the 92 World War II Veterans participating in an honor flight to visit their memorial in Washington D.C. who will return to Michigan tonight at 9:30.

Look down upon those gathered here and give us wisdom and strength as You continue Your work through us.

In Your name we pray,

Amen.”

______

Rep. Booher moved that Reps. DeRoche and Wenke be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Committee on Judiciary, by Rep. Condino, Chair, reported

House Bill No. 5987, entitled

A bill to amend 1982 PA 325, entitled “An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide remedies for a county jail overcrowding state of emergency,” by amending section 6 (MCL 801.56), as amended by 1988 PA 399.

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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, Elsenheimer, Stakoe, Rick Jones and Rocca

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 21, 2008

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe, Rick Jones and Rocca

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

House Bill No. 6115, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8501, 8501a, 8517, and 8520 (MCL 324.8501, 324.8501a, 324.8517, and 324.8520), section 8501 as amended by 2008 PA 13, sections 8501a and 8520 as added by 2006 PA 503, and section 8517 as amended by 2008 PA 14, and by adding sections 8512b and 8512f.

With the recommendation that the bill be referred to the Committee on Agriculture.

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Ebli, Griffin, Kathleen Law, Miller, Robertson, Palmer, Moolenaar, Walker and Meekhof

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Agriculture.

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Bill No. 152, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3902 (MCL 324.3902).

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. Warren, Ebli, Griffin, Kathleen Law, Miller, Valentine, Robertson, Palmer, Emmons, Moolenaar, Walker and Meekhof

Nays: None

The Committee on Great Lakes and Environment, by Rep. Warren, Chair, reported

Senate Bill No. 362, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3902 (MCL 324.3902).

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. Warren, Ebli, Griffin, Kathleen Law, Miller, Valentine, Robertson, Palmer, Emmons, Moolenaar, Walker and Meekhof

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:

Meeting held on: Wednesday, May 21, 2008

Present: Reps. Warren, Ebli, Griffin, Kathleen Law, Miller, Valentine, Robertson, Palmer, Emmons, Moolenaar, Walker and Meekhof

Absent: Reps. Donigan, Leland and Meadows

Excused: Reps. Donigan, Leland and Meadows

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

Senate Bill No. 752, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 237 (MCL 32.637).

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. Polidori, Brown, Dean, Garfield, Pastor and Horn

Nays: None

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

House Resolution No. 372.

A resolution to memorialize the Congress of the United States to pass, and President Bush to sign, the Post 9/11 Veterans Educational Assistance Act.

(For text of resolution, see House Journal No. 48, p. 1110.)

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. Polidori, Brown, Dean, Emmons, Garfield, Pastor and Horn

Nays: None

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

House Concurrent Resolution No. 84.

A concurrent resolution to memorialize the Congress of the United States to pass, and President Bush to sign, the Post 9/11 Veterans Educational Assistance Act.

(For text of concurrent resolution, see House Journal No. 48, p. 1111.)

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. Polidori, Brown, Dean, Emmons, Garfield, Pastor and Horn

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Wednesday, May 21, 2008

Present: Reps. Polidori, Brown, Dean, Emmons, Garfield, Pastor and Horn

Absent: Reps. Lemmons and Sheltrown

Excused: Reps. Lemmons and Sheltrown

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 5833, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2004 PA 465.

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Booher, Caul, Hansen and Proos

Nays: Reps. Acciavatti, Caswell, Brandenburg, Amos, Agema and Moss

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 6053, entitled

A bill to authorize the state administrative board to convey a certain parcel of state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Hammel, Hood, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Caswell, Shaffer, Caul, Hansen and Nofs

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Bill No. 6094, entitled

A bill to authorize the state administrative board to exchange certain real property in Ingham county; to prescribe conditions for the exchange; and to provide for disposition of revenue derived from the exchange.

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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 21, 2008

Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs

Absent: Rep. Gonzales

Excused: Rep. Gonzales

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, May 21, 2008

Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Young, Meltzer, Sheen, Steil, Palmer, Wenke and Calley

Absent: Reps. Warren and Pastor

Excused: Reps. Warren and Pastor

The Speaker laid before the House

House Concurrent Resolution No. 54.

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

(For text of concurrent resolution, see House Journal No. 113 of 2007, p. 1836.)

(The concurrent resolution was reported by the Committee on Families and Children’s Services on April 16, consideration of which, under the rules, was postponed until April 17.)

Rep. Agema moved to substitute (H-4) the concurrent resolution as follows:

Substitute for House Concurrent Resolution No. 54.

A concurrent resolution to express support for the Michigan Supreme Court’s affirmation of the Marriage Protection Amendment to the Michigan Constitution by ruling that marriage-like benefits cannot be extended to same-sex domestic partners.

Whereas, On November 2, 2004, Michigan voters overwhelmingly amended our state constitution by adding the following language as Article I, Section 25:

To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.

This provision, commonly known as the Marriage Protection Amendment, was approved by a margin of 2,698,077 (58.6 percent) voting for the measure and 1,904,319 (42.4 percent) voting against it; and

Whereas, Since the 2004 vote, several public entities within the state of Michigan, including some universities and municipalities, have offered various benefits, including health care benefits, to domestic partners of employees. Many people have expressed concerns that extending benefits that are traditionally spousal-type benefits ignores the Marriage Protection Amendment; and

Whereas, With the ruling from the Michigan Supreme Court that marriage-like benefits cannot be extended to domestic partners, the wishes expressed by voters in 2004 have been affirmed. The recognition that has been symbolized by the granting of domestic partner benefits runs contrary to what the voters clearly said when they defined marriage as being between one man and one woman. This court decision represents what the people of Michigan intended; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we hereby express our support for the Michigan Supreme Court’s affirmation of the Marriage Protection Amendment to the Michigan Constitution by ruling that marriage-like benefits cannot be extended to same-sex domestic partners.

The motion did not prevail and the substitute (H-4) was not adopted, a majority of the members present not voting therefor.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4557, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 435 and 438 (MCL 206.435 and 206.438), section 435 as added by 2007 PA 133 and section 438 as added by 2004 PA 364.

(The bill was received from the Senate on May 14, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 15, see House Journal No. 46, p. 1064.)

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. 419 Yeas—108

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Smith, Virgil

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

Nays—0

In The Chair: Sak

The House agreed to the title as amended.

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

Second Reading of Bills

Senate Bill No. 1234, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80108a.

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.

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

Senate Bill No. 1234, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80108a.

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

Roll Call No. 420 Yeas—106

Accavitti Dillon Lahti Pavlov

Acciavatti Donigan LaJoy Pearce

Agema Ebli Law, David Polidori

Amos Elsenheimer Law, Kathleen Proos

Angerer Emmons LeBlanc Robertson

Ball Espinoza Leland Rocca

Bauer Farrah Lemmons Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Garfield Marleau Scott

Booher Gillard Mayes Shaffer

Brandenburg Gonzales McDowell Sheltrown

Brown Green Meadows Simpson

Byrnes Griffin Meekhof Smith, Alma

Byrum Hammel Meisner Smith, Virgil

Calley Hammon Melton Spade

Casperson Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Cheeks Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Warren

Coulouris Jones, Rick Palsrok Wojno

Cushingberry Jones, Robert Pastor Young

Dean Knollenberg

Nays—2

Hune Sheen

In The Chair: Sak

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 5639, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 623a, 1267, and 1274 (MCL 380.623a, 380.1267, and 380.1274), section 623a as amended by 2007 PA 45, section 1267 as amended by 2004 PA 232, and section 1274 as amended by 2004 PA 588.

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

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 2, line 13, after “CONTRACT” by inserting a comma and “OR $100,000.00, WHICHEVER IS LESS,”.

2. Amend page 6, line 6, after “CONTRACT” by inserting a comma and “OR $100,000.00, WHICHEVER IS LESS,”.

3. Amend page 7, line 25, after “CONTRACT” by inserting a comma and “OR $100,000.00, WHICHEVER IS LESS,”.

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

Rep. Hoogendyk moved to amend the bill as follows:

1. Amend page 9, following line 1, 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. Spade 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. 5639, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 623a, 1267, and 1274 (MCL 380.623a, 380.1267, and 380.1274), section 623a as amended by 2007 PA 45, section 1267 as amended by 2004 PA 232, and section 1274 as amended by 2004 PA 588.

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

Roll Call No. 421 Yeas—88

Accavitti Cushingberry Jones, Robert Polidori

Angerer Dean Lahti Proos

Ball Dillon LaJoy Rocca

Bauer Donigan Law, David Sak

Bennett Ebli Law, Kathleen Schuitmaker

Bieda Emmons LeBlanc Scott

Booher Espinoza Leland Shaffer

Brandenburg Farrah Lemmons Sheltrown

Brown Gaffney Lindberg Simpson

Byrnes Gillard Mayes Smith, Alma

Byrum Gonzales McDowell Smith, Virgil

Calley Griffin Meadows Spade

Casperson Hammel Meisner Stakoe

Caswell Hammon Melton Steil

Caul Hansen Meltzer Tobocman

Cheeks Hood Miller Vagnozzi

Clack Hopgood Moolenaar Valentine

Clemente Horn Moore Walker

Condino Hune Nitz Ward

Constan Jackson Nofs Warren

Corriveau Johnson Palsrok Wojno

Coulouris Jones, Rick Pearce Young

Nays—20

Acciavatti Green Marleau Pastor

Agema Hildenbrand Meekhof Pavlov

Amos Hoogendyk Moss Robertson

Elsenheimer Huizenga Opsommer Sheen

Garfield Knollenberg Palmer Stahl

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.

Second Reading of Bills

House Bill No. 6092, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 422a.

The bill was read a second time.

Rep. Condino 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. 6092, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 422a.

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

Roll Call No. 422 Yeas—108

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Smith, Virgil

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

Nays—0

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.

Second Reading of Bills

House Bill No. 6093, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2002 PA 123.

The bill was read a second time.

Rep. Coulouris 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. 6093, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2002 PA 123.

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

Roll Call No. 423 Yeas—108

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Calley Hammon Meisner Smith, Virgil

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

Nays—0

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.

Second Reading of Bills

House Bill No. 5065, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32701 and 32702 (MCL 324.32701 and 324.32702), as amended by 2006 PA 33.

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

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Emmons moved to substitute (H-6) the bill.

The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. Warren moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Griffin moved to amend the bill as follows:

1. Amend page 20, line 3, by striking out all of enacting section 1.

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

Rep. McDowell moved to amend the bill as follows:

1. Amend page 19, following line 25, by inserting:

“(H) A WITHDRAWAL FROM A NONCOMMERCIAL WELL LOCATED ON SINGLE-FAMILY RESIDENTIAL PROPERTY NOT EXCEEDING 4 UNITS AND NOT MORE THAN 3 ACRES IN SIZE. HOWEVER, THE EXEMPTION PROVIDED FOR IN THIS SUBDIVISION DOES NOT APPLY TO LAKE AUGMENTATION WELLS.”.

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

Rep. McDowell 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.

______

Rep. Meekhof moved that Rep. Huizenga be excused from the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5065, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32701 and 32702 (MCL 324.32701 and 324.32702), as amended by 2006 PA 33.

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

Roll Call No. 424 Yeas—57

Accavitti Cushingberry Jackson Miller

Angerer Dean Johnson Polidori

Bauer Dillon Jones, Robert Rocca

Bennett Donigan Lahti Sak

Bieda Ebli Law, Kathleen Scott

Brandenburg Espinoza LeBlanc Smith, Alma

Byrnes Farrah Leland Smith, Virgil

Byrum Gaffney Lemmons Tobocman

Cheeks Gillard Lindberg Vagnozzi

Clack Gonzales Mayes Valentine

Clemente Hammel McDowell Ward

Condino Hammon Meadows Warren

Constan Hood Meisner Wojno

Corriveau Hopgood Melton Young

Coulouris

Nays—50

Acciavatti Green Meltzer Proos

Agema Griffin Moolenaar Robertson

Amos Hansen Moore Schuitmaker

Ball Hildenbrand Moss Shaffer

Booher Hoogendyk Nitz Sheen

Brown Horn Nofs Sheltrown

Calley Hune Opsommer Simpson

Casperson Jones, Rick Palmer Spade

Caswell Knollenberg Palsrok Stahl

Caul LaJoy Pastor Stakoe

Elsenheimer Law, David Pavlov Steil

Emmons Marleau Pearce Walker

Garfield Meekhof

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 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32701, 32702, 32703, and 32727 (MCL 324.32701, 324.32702, 324.32703, and 324.32727), sections 32701, 32702, and 32703 as amended and section 32727 as added by 2006 PA 33.

The motion prevailed.

The House agreed to the title as amended.

______

Reps. Hildenbrand, Meekhof and Knollenberg, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

We must protect the environment and that’s why I voted for the Great Lakes Water Compact, but we need to protect our economy as well.

The House Democrats’ plan to monitor water withdrawals goes well beyond what is required by the Great Lakes Water Compact. It imposes unnecessary regulation on Michigan businesses and farmers, which will harm our economy.

I do believe we do need a system to monitor environmental impact of water withdrawals, but these bills are overly restrictive. Unlike the plan I supported, these stringent requirements will shut off large portions of the state from future economic uses and will drive more businesses out of state. For example, agriculture is one of our state’s top industries, but this plan makes it harder to get a permit and will make costs go up for farmers.

Furthermore, these bills take control over how our water is used away from elected lawmakers and hands it over to the bureaucrats at the Department of Environmental Quality.

I offered an alternate plan that would protect our environment and water resources while still promoting economic growth, but this plan was voted down. For these reasons, I cannot support these bills at this time.”

Rep. Schuitmaker, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

We must protect the environment and that’s why I voted for the Great Lakes Water Compact, but we need to protect our economy as well.

The House plan to monitor water withdrawals goes well beyond what is required by the Great Lakes Water Compact. It imposes unnecessary regulation on Michigan businesses and farmers, which will harm our economy.

I do believe we do need a system to monitor environmental impact of water withdrawals, but these bills are overly restrictive. Unlike the plan I supported, these stringent requirements will shut off large portions of the state from future economic uses and will drive more businesses out of state. For example, agriculture is one of our state’s top industries, but this plan makes it harder to get a permit and will make costs go up for farmers.

Furthermore, these bills take control over how our water is used away from elected lawmakers and hands it over to the bureaucrats at the Department of Environmental Quality.

I offered an alternate plan that would protect our environment and water resources while still promoting economic growth, but this plan was voted down. For these reasons, I cannot support these bills at this time.”

Rep. Palsrok, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

We must protect the environment and that’s why I voted for the Great Lakes Water Compact and was instrumental in passing the water withdrawal legislation during the 93rd legislative session, but we need to protect our economy as well.

The House Democrats’ plan to monitor water withdrawals goes well beyond what is required by the Great Lakes Water Compact. It imposes unnecessary regulation on Michigan businesses and farmers, which will harm our economy.

I do believe we do need a system to monitor environmental impact of water withdrawals, but these bills are overly restrictive. Unlike the plan I supported, these stringent requirements will shut off large portions of the state from future economic uses and will drive more businesses out of state. For example, agriculture is one of our state’s top industries, but this plan makes it harder to get a permit and will make costs go up for farmers.

Furthermore, these bills take control over how our water is used away from elected lawmakers and hands it over to the bureaucrats at the Department of Environmental Quality.

I supported an alternate plan that would protect our environment and water resources while still promoting economic growth, but this plan was gaveled down without a vote. For these reasons, I cannot support these bills at this time. However, I anxiously await for opportunity to vote on the senate versions of this legislation which do offer a balance between protecting our resources and allowing for its responsible use.”

Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

The Great Lakes Compact and the package of bills connected to it would put in jeopardy Michigan’s sovereign industries that utilize this resource, and the individual citizen’s ability to tap this great resource as seen fit. I believe if we don not sign the compact, that in a court of law, any attempt by the federal government to divert water from the Great Lakes Basins would ultimately be overridden by the tenth amendment and individual state’s rights. In addition to the sovereignty concerns, the Michigan Manufactures Association testified that this legislation would create far reaching regulation, raising the cost of doing business. This would further exasperate our economy and cost jobs in the food and beverage, agricultural and other manufacturing industries. It would also create regulatory uncertainty, increased bureaucracy, and would encourage more litigation. They also testified that the reduction flow index is not supported by the current science; in fact, it would abandon years of scientific study and millions of dollars of research funded by state money.

I voted for HB 4343 as the lesser of two evils, though I would have preferred to do nothing. Which of the following is the greatest danger:

1) The Federal government usurping control over the Great Lakes and subjecting us to the Army Corp of Engineers, who have screwed up state after state with their federal water projects?

2) Create another layer of bureaucracy, subjecting our state and job providers to the whims of seven other states and two Canadian provinces.

I consider the Federal government more dangerous than subjecting ourselves to seven states and two provinces. If the compact is signed, then the Federal government will sign it as well. However, if the Federal government doesn’t sign the bill, it negates the whole compact.

That being said, I cannot support any of the bills connected with the Great Lakes Compact (HBs 5065-5073 and SBs 858-860, 721, 723, 725-729). Currently, Michigan has the authority to decide how much water is utilized, removed, or diverted in the Great Lakes Basin. It can decide how much water each of its citizen’s, municipalities, and industries such as farmers, manufactures, and other job providers use in their course of business. Every other state around us is limited in what they can and cannot do according to the percentage of that state’s or province’s territory that borders the Great Lakes Basin. Michigan is considered a 99% border basin, with the next closest state bordering at only 40%. Why would we want to relinquish our right and ability to utilize one of Michigan’s greatest resources at a time in which the auto industry is faltering and Michigan’s economy is in the basement?”

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

The question being on the motion made by Rep. Tobocman,

Rep. Schuitmaker demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Tobocman,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 425 Yeas—57

Accavitti Dean Jackson Polidori

Angerer Dillon Johnson Rocca

Bauer Donigan Jones, Robert Sak

Bennett Ebli Lahti Scott

Bieda Espinoza Law, Kathleen Simpson

Brandenburg Farrah LeBlanc Smith, Alma

Byrnes Gaffney Leland Smith, Virgil

Byrum Gillard Lemmons Tobocman

Cheeks Gonzales Lindberg Vagnozzi

Clack Griffin McDowell Valentine

Clemente Hammel Meadows Ward

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris

Nays—50

Acciavatti Garfield Meekhof Pearce

Agema Green Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brown Horn Nitz Sheen

Calley Hune Nofs Sheltrown

Casperson Jones, Rick Opsommer Spade

Caswell Knollenberg Palmer Stahl

Caul LaJoy Palsrok Stakoe

Cushingberry Law, David Pastor Steil

Elsenheimer Marleau Pavlov Walker

Emmons Mayes

In The Chair: Sak

Second Reading of Bills

House Bill No. 5066, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32705, 32706, 32707, 32708, and 32708a (MCL 324.32705, 324.32706, 324.32707, 324.32708, and 324.32708a), sections 32705 and 32708 as amended and section 32708a as added by 2006 PA 35, section 32706 as amended by 1996 PA 434, and section 32707 as amended by 2006 PA 33, and by adding section 32708b.

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

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

Rep. Moolenaar moved to substitute (H-5) the bill.

The motion did not prevail and the substitute (H-5) was not adopted, a majority of the members serving not voting therefor.

Rep. Warren moved to amend the bill as follows:

1. Amend page 3, line 17, by striking out “32701(D)(i)(C)” and inserting “32701(D)(i)(B)”.

2. Amend page 10, line 3, after “TO” by striking out “325.1025” and inserting “325.1023”.

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

Rep. Meadows 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. 5066, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32705, 32706, 32707, 32708, and 32708a (MCL 324.32705, 324.32706, 324.32707, 324.32708, and 324.32708a), sections 32705 and 32708 as amended and section 32708a as added by 2006 PA 35, section 32706 as amended by 1996 PA 434, and section 32707 as amended by 2006 PA 33, and by adding section 32708b.

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

Roll Call No. 426 Yeas—58

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Rocca

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brandenburg Espinoza LeBlanc Smith, Alma

Byrnes Farrah Leland Smith, Virgil

Byrum Gaffney Lemmons Tobocman

Cheeks Gillard Lindberg Vagnozzi

Clack Gonzales McDowell Valentine

Clemente Griffin Meadows Ward

Condino Hammel Meisner Warren

Constan Hammon Melton Wojno

Corriveau Hood Miller Young

Coulouris Hopgood

Nays—49

Acciavatti Green Meekhof Pearce

Agema Hansen Meltzer Proos

Amos Hildenbrand Moolenaar Robertson

Ball Hoogendyk Moore Schuitmaker

Booher Horn Moss Shaffer

Brown Hune Nitz Sheen

Calley Jones, Rick Nofs Simpson

Casperson Knollenberg Opsommer Spade

Caswell LaJoy Palmer Stahl

Caul Law, David Palsrok Stakoe

Elsenheimer Marleau Pastor Steil

Emmons Mayes Pavlov Walker

Garfield

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 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32707, 32708, 32708a, 32709, and 32710 (MCL 324.32707, 324.32708, 324.32708a, 324.32709, and 324.32710), section 32707 as amended by 2006 PA 33, section 32708 as amended and section 32708a as added by 2006 PA 35, and sections 32709 and 32710 as added by 1995 PA 59.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Meekhof, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

We must protect the environment and that’s why I voted for the Great Lakes Water Compact, but we need to protect our economy as well.

The House Democrats’ plan to monitor water withdrawals goes well beyond what is required by the Great Lakes Water Compact. It imposes unnecessary regulation on Michigan businesses and farmers, which will harm our economy.

I do believe we do need a system to monitor environmental impact of water withdrawals, but these bills are overly restrictive. Unlike the plan I supported, these stringent requirements will shut off large portions of the state from future economic uses and will drive more businesses out of state. For example, agriculture is one of our state’s top industries, but this plan makes it harder to get a permit and will make costs go up for farmers.

Furthermore, these bills take control over how our water is used away from elected lawmakers and hands it over to the bureaucrats at the Department of Environmental Quality.

I offered an alternate plan that would protect our environment and water resources while still promoting economic growth, but this plan was voted down. For these reasons, I cannot support these bills at this time.”

Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

The Great Lakes Compact and the package of bills connected to it would put in jeopardy Michigan’s sovereign industries that utilize this resource, and the individual citizen’s ability to tap this great resource as seen fit. I believe if we don not sign the compact, that in a court of law, any attempt by the federal government to divert water from the Great Lakes Basins would ultimately be overridden by the tenth amendment and individual state’s rights. In addition to the sovereignty concerns, the Michigan Manufactures Association testified that this legislation would create far reaching regulation, raising the cost of doing business. This would further exasperate our economy and cost jobs in the food and beverage, agricultural and other manufacturing industries. It would also create regulatory uncertainty, increased bureaucracy, and would encourage more litigation. They also testified that the reduction flow index is not supported by the current science; in fact, it would abandon years of scientific study and millions of dollars of research funded by state money.

I voted for HB 4343 as the lesser of two evils, though I would have preferred to do nothing. Which of the following is the greatest danger:

1) The Federal government usurping control over the Great Lakes and subjecting us to the Army Corp of Engineers, who have screwed up state after state with their federal water projects?

2) Create another layer of bureaucracy, subjecting our state and job providers to the whims of seven other states and two Canadian provinces.

I consider the Federal government more dangerous than subjecting ourselves to seven states and two provinces. If the compact is signed, then the Federal government will sign it as well. However, if the Federal government doesn’t sign the bill, it negates the whole compact.

That being said, I cannot support any of the bills connected with the Great Lakes Compact (HBs 5065-5073 and SBs 858-860, 721, 723, 725-729). Currently, Michigan has the authority to decide how much water is utilized, removed, or diverted in the Great Lakes Basin. It can decide how much water each of its citizen’s, municipalities, and industries such as farmers, manufactures, and other job providers use in their course of business. Every other state around us is limited in what they can and cannot do according to the percentage of that state’s or province’s territory that borders the Great Lakes Basin. Michigan is considered a 99% border basin, with the next closest state bordering at only 40%. Why would we want to relinquish our right and ability to utilize one of Michigan’s greatest resources at a time in which the auto industry is faltering and Michigan’s economy is in the basement?”

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

The question being on the motion made by Rep. Tobocman,

Rep. Schuitmaker demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Tobocman,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 427 Yeas—58

Accavitti Dean Johnson Rocca

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brandenburg Farrah Leland Smith, Alma

Byrnes Gaffney Lemmons Smith, Virgil

Byrum Gillard Lindberg Tobocman

Cheeks Gonzales McDowell Vagnozzi

Clack Griffin Meadows Valentine

Clemente Hammel Meisner Ward

Condino Hammon Melton Warren

Constan Hood Miller Wojno

Corriveau Hopgood Polidori Young

Coulouris Jackson

Nays—49

Acciavatti Garfield Mayes Pavlov

Agema Green Meekhof Pearce

Amos Hansen Meltzer Proos

Ball Hildenbrand Moolenaar Robertson

Booher Hoogendyk Moore Schuitmaker

Brown Horn Moss Shaffer

Calley Hune Nitz Sheen

Casperson Jones, Rick Nofs Spade

Caswell Knollenberg Opsommer Stahl

Caul LaJoy Palmer Stakoe

Cushingberry Law, David Palsrok Steil

Elsenheimer Marleau Pastor Walker

Emmons

In The Chair: Sak

Second Reading of Bills

House Bill No. 5073, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32729.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Great Lakes and Environment,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Warren moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Robertson moved to substitute (H-3) the bill.

The motion did not prevail and the substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Kathleen Law 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. 5073, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32729.

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

Roll Call No. 428 Yeas—58

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Rocca

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brandenburg Espinoza LeBlanc Smith, Alma

Byrnes Farrah Leland Smith, Virgil

Byrum Gaffney Lemmons Tobocman

Cheeks Gillard Lindberg Vagnozzi

Clack Gonzales McDowell Valentine

Clemente Griffin Meadows Ward

Condino Hammel Meisner Warren

Constan Hammon Melton Wojno

Corriveau Hood Miller Young

Coulouris Hopgood

Nays—49

Acciavatti Green Meekhof Pearce

Agema Hansen Meltzer Proos

Amos Hildenbrand Moolenaar Robertson

Ball Hoogendyk Moore Schuitmaker

Booher Horn Moss Shaffer

Brown Hune Nitz Sheen

Calley Jones, Rick Nofs Simpson

Casperson Knollenberg Opsommer Spade

Caswell LaJoy Palmer Stahl

Caul Law, David Palsrok Stakoe

Elsenheimer Marleau Pastor Steil

Emmons Mayes Pavlov Walker

Garfield

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 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32801 and 32803 (MCL 324.32801 and 324.32803), section 32801 as added by 2003 PA 148 and section 32803 as amended by 2006 PA 34.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Meekhof, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

We must protect the environment and that’s why I voted for the Great Lakes Water Compact, but we need to protect our economy as well.

The House Democrats’ plan to monitor water withdrawals goes well beyond what is required by the Great Lakes Water Compact. It imposes unnecessary regulation on Michigan businesses and farmers, which will harm our economy.

I do believe we do need a system to monitor environmental impact of water withdrawals, but these bills are overly restrictive. Unlike the plan I supported, these stringent requirements will shut off large portions of the state from future economic uses and will drive more businesses out of state. For example, agriculture is one of our state’s top industries, but this plan makes it harder to get a permit and will make costs go up for farmers.

Furthermore, these bills take control over how our water is used away from elected lawmakers and hands it over to the bureaucrats at the Department of Environmental Quality.

I offered an alternate plan that would protect our environment and water resources while still promoting economic growth, but this plan was voted down. For these reasons, I cannot support these bills at this time.”

Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

The Great Lakes Compact and the package of bills connected to it would put in jeopardy Michigan’s sovereign industries that utilize this resource, and the individual citizen’s ability to tap this great resource as seen fit. I believe if we don not sign the compact, that in a court of law, any attempt by the federal government to divert water from the Great Lakes Basins would ultimately be overridden by the tenth amendment and individual state’s rights. In addition to the sovereignty concerns, the Michigan Manufactures Association testified that this legislation would create far reaching regulation, raising the cost of doing business. This would further exasperate our economy and cost jobs in the food and beverage, agricultural and other manufacturing industries. It would also create regulatory uncertainty, increased bureaucracy, and would encourage more litigation. They also testified that the reduction flow index is not supported by the current science; in fact, it would abandon years of scientific study and millions of dollars of research funded by state money.

I voted for HB 4343 as the lesser of two evils, though I would have preferred to do nothing. Which of the following is the greatest danger:

1) The Federal government usurping control over the Great Lakes and subjecting us to the Army Corp of Engineers, who have screwed up state after state with their federal water projects?

2) Create another layer of bureaucracy, subjecting our state and job providers to the whims of seven other states and two Canadian provinces.

I consider the Federal government more dangerous than subjecting ourselves to seven states and two provinces. If the compact is signed, then the Federal government will sign it as well. However, if the Federal government doesn’t sign the bill, it negates the whole compact.

That being said, I cannot support any of the bills connected with the Great Lakes Compact (HBs 5065-5073 and SBs 858-860, 721, 723, 725-729). Currently, Michigan has the authority to decide how much water is utilized, removed, or diverted in the Great Lakes Basin. It can decide how much water each of its citizen’s, municipalities, and industries such as farmers, manufactures, and other job providers use in their course of business. Every other state around us is limited in what they can and cannot do according to the percentage of that state’s or province’s territory that borders the Great Lakes Basin. Michigan is considered a 99% border basin, with the next closest state bordering at only 40%. Why would we want to relinquish our right and ability to utilize one of Michigan’s greatest resources at a time in which the auto industry is faltering and Michigan’s economy is in the basement?”

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

The question being on the motion made by Rep. Tobocman,

Rep. Schuitmaker demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Tobocman,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 429 Yeas—58

Accavitti Dean Johnson Rocca

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brandenburg Farrah Leland Smith, Alma

Byrnes Gaffney Lemmons Smith, Virgil

Byrum Gillard Lindberg Tobocman

Cheeks Gonzales McDowell Vagnozzi

Clack Griffin Meadows Valentine

Clemente Hammel Meisner Ward

Condino Hammon Melton Warren

Constan Hood Miller Wojno

Corriveau Hopgood Polidori Young

Coulouris Jackson

Nays—49

Acciavatti Garfield Mayes Pavlov

Agema Green Meekhof Pearce

Amos Hansen Meltzer Proos

Ball Hildenbrand Moolenaar Robertson

Booher Hoogendyk Moore Schuitmaker

Brown Horn Moss Shaffer

Calley Hune Nitz Sheen

Casperson Jones, Rick Nofs Spade

Caswell Knollenberg Opsommer Stahl

Caul LaJoy Palmer Stakoe

Cushingberry Law, David Palsrok Steil

Elsenheimer Marleau Pastor Walker

Emmons

In The Chair: Sak

The Speaker Pro Tempore called Associate Speaker Pro Tempore Byrnes to the Chair.

Second Reading of Bills

House Bill No. 5070, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32725 and 32726 (MCL 324.32725 and 324.32726), section 32725 as added by 2006 PA 36 and section 32726 as added by 2006 PA 33; 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-5) previously recommended by the Committee on Great Lakes and Environment,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Pavlov moved to substitute (H-8) the bill.

The motion did not prevail and the substitute (H-8) was not adopted, a majority of the members serving not voting therefor.

Rep. Sak 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. 5070, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32725 and 32726 (MCL 324.32725 and 324.32726), section 32725 as added by 2006 PA 36 and section 32726 as added by 2006 PA 33; and to repeal acts and parts of acts.

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

Roll Call No. 430 Yeas—62

Accavitti Cushingberry Johnson Rocca

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brandenburg Espinoza Leland Smith, Alma

Brown Farrah Lemmons Smith, Virgil

Byrnes Gaffney Lindberg Spade

Byrum Gillard Mayes Tobocman

Cheeks Gonzales McDowell Vagnozzi

Clack Griffin Meadows Valentine

Clemente Hammel Meisner Ward

Condino Hammon Melton Warren

Constan Hood Miller Wojno

Corriveau Hopgood Polidori Young

Coulouris Jackson

Nays—45

Acciavatti Green Meekhof Pavlov

Agema Hansen Meltzer Pearce

Amos Hildenbrand Moolenaar Proos

Ball Hoogendyk Moore Robertson

Booher Horn Moss Schuitmaker

Calley Hune Nitz Shaffer

Casperson Jones, Rick Nofs Sheen

Caswell Knollenberg Opsommer Stahl

Caul LaJoy Palmer Stakoe

Elsenheimer Law, David Palsrok Steil

Emmons Marleau Pastor Walker

Garfield

In The Chair: Byrnes

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 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32725, 32726, and 32728 (MCL 324.32725, 324.32726, and 324.32728), section 32725 as added by 2006 PA 36 and sections 32726 and 32728 as added by 2006 PA 33; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Meekhof, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

We must protect the environment and that’s why I voted for the Great Lakes Water Compact, but we need to protect our economy as well.

The House Democrats’ plan to monitor water withdrawals goes well beyond what is required by the Great Lakes Water Compact. It imposes unnecessary regulation on Michigan businesses and farmers, which will harm our economy.

I do believe we do need a system to monitor environmental impact of water withdrawals, but these bills are overly restrictive. Unlike the plan I supported, these stringent requirements will shut off large portions of the state from future economic uses and will drive more businesses out of state. For example, agriculture is one of our state’s top industries, but this plan makes it harder to get a permit and will make costs go up for farmers.

Furthermore, these bills take control over how our water is used away from elected lawmakers and hands it over to the bureaucrats at the Department of Environmental Quality.

I offered an alternate plan that would protect our environment and water resources while still promoting economic growth, but this plan was voted down. For these reasons, I cannot support these bills at this time.”

Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

The Great Lakes Compact and the package of bills connected to it would put in jeopardy Michigan’s sovereign industries that utilize this resource, and the individual citizen’s ability to tap this great resource as seen fit. I believe if we don not sign the compact, that in a court of law, any attempt by the federal government to divert water from the Great Lakes Basins would ultimately be overridden by the tenth amendment and individual state’s rights. In addition to the sovereignty concerns, the Michigan Manufactures Association testified that this legislation would create far reaching regulation, raising the cost of doing business. This would further exasperate our economy and cost jobs in the food and beverage, agricultural and other manufacturing industries. It would also create regulatory uncertainty, increased bureaucracy, and would encourage more litigation. They also testified that the reduction flow index is not supported by the current science; in fact, it would abandon years of scientific study and millions of dollars of research funded by state money.

I voted for HB 4343 as the lesser of two evils, though I would have preferred to do nothing. Which of the following is the greatest danger:

1) The Federal government usurping control over the Great Lakes and subjecting us to the Army Corp of Engineers, who have screwed up state after state with their federal water projects?

2) Create another layer of bureaucracy, subjecting our state and job providers to the whims of seven other states and two Canadian provinces.

I consider the Federal government more dangerous than subjecting ourselves to seven states and two provinces. If the compact is signed, then the Federal government will sign it as well. However, if the Federal government doesn’t sign the bill, it negates the whole compact.

That being said, I cannot support any of the bills connected with the Great Lakes Compact (HBs 5065-5073 and SBs 858-860, 721, 723, 725-729). Currently, Michigan has the authority to decide how much water is utilized, removed, or diverted in the Great Lakes Basin. It can decide how much water each of its citizen’s, municipalities, and industries such as farmers, manufactures, and other job providers use in their course of business. Every other state around us is limited in what they can and cannot do according to the percentage of that state’s or province’s territory that borders the Great Lakes Basin. Michigan is considered a 99% border basin, with the next closest state bordering at only 40%. Why would we want to relinquish our right and ability to utilize one of Michigan’s greatest resources at a time in which the auto industry is faltering and Michigan’s economy is in the basement?”

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

The question being on the motion made by Rep. Tobocman,

Rep. Schuitmaker demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Tobocman,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 431 Yeas—61

Accavitti Dean Johnson Rocca

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brandenburg Farrah Leland Smith, Alma

Brown Gaffney Lemmons Smith, Virgil

Byrnes Gillard Lindberg Spade

Byrum Gonzales Mayes Tobocman

Cheeks Griffin McDowell Vagnozzi

Clack Hammel Meadows Valentine

Clemente Hammon Meisner Ward

Condino Hood Melton Warren

Constan Hopgood Miller Wojno

Corriveau Jackson Polidori Young

Coulouris

Nays—46

Acciavatti Garfield Meekhof Pavlov

Agema Green Meltzer Pearce

Amos Hansen Moolenaar Proos

Ball Hildenbrand Moore Robertson

Booher Hoogendyk Moss Schuitmaker

Calley Horn Nitz Shaffer

Casperson Hune Nofs Sheen

Caswell Jones, Rick Opsommer Stahl

Caul Knollenberg Palmer Stakoe

Cushingberry LaJoy Palsrok Steil

Elsenheimer Law, David Pastor Walker

Emmons Marleau

In The Chair: Byrnes

Rep. Tobocman 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. Sak, Ball, Bieda, Booher, Brown, Byrnes, Caul, Clack, Condino, Constan, Dean, Donigan, Gonzales, Green, Hammon, Hopgood, Huizenga, Robert Jones, Knollenberg, Lahti, LeBlanc, Leland, Lemmons, Marleau, Meadows, Miller, Nitz, Nofs, Opsommer, Palmer, Palsrok, Pearce, Rocca, Scott, Shaffer, Simpson, Alma Smith, Spade, Stahl, Stakoe, Steil, Tobocman, Valentine and Warren offered the following resolution:

House Resolution No. 374.

A resolution recognizing May 2008 as Hearing Loss Awareness Month in the state of Michigan.

Whereas, Currently 31 million Americans have hearing loss. As baby boomers reach retirement age, starting in 2010, this number is expected to rapidly climb and nearly double by the year 2030; and

Whereas, It is estimated that 1.4 million people in the state of Michigan have hearing loss; and

Whereas, Among seniors, hearing loss is the third most treatable disabling condition behind arthritis and hypertension; and

Whereas, While 95 percent of people with hearing loss could be successfully treated with hearing aids and listening devices, only 22 percent currently use them; and

Whereas, Everyday approximately 3 in 1,000 newborns are born profoundly deaf or with a partial hearing loss making hearing loss the number one birth defect in America; and

Whereas, Hearing loss can greatly hinder everyday, ordinary communication, and people with a hearing loss often feel a sense of isolation and decreased self-confidence; and

Whereas, It is important that people with hearing loss in the state of Michigan be aware that there are many disability organizations, audiologists and hearing professionals, assistive listening device manufacturers, and support groups that offer a large range of solutions to help people with hearing loss; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize May 2008 as Hearing Loss Awareness Month in the state of Michigan.

Pending the reference of the resolution to a committee,

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.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, May 21:

House Bill Nos. 6124 6125 6126 6127 6128 6129 6130 6131

The Clerk announced that the following Senate bills had been received on Wednesday, May 21:

Senate Bill Nos. 867 975 976

Messages from the Senate

House Bill No. 5963, entitled

A bill entering into the interstate compact on educational opportunity for military children: and for related purposes.

The Senate has amended the bill as follows:

1. Amend page 2, line 2, after “and” by striking out “1ensuring” and inserting “ensuring”.

2. Amend page 4, line 13, after “means:” by striking out “means”.

3. Amend page 32, line 1, after “Sec. 2.” by striking out “The” and inserting “(1) Subject to subsection (2), the”.

4. Amend page 32, following line 3, by inserting:

“(2) The governor shall appoint as this state’s representative under subsection (1) a person who meets all of the following or a person who meets subdivisions (a) and (b) and is the spouse or child of a person who meets subdivisions (c) and (d):

(a) Is a resident of this state.

(b) Is a person of good moral character.

(c) Has been honorably discharged from the armed forces of the United States after at least 15 years of active duty service.

(d) While engaged in active duty service in the armed forces of the United States, had at least 1 minor child enrolled in elementary or secondary school.

(3) As used in this section, “armed forces of the United States” means the armed forces of the United States and their reserve components and the United States coast guard.”.

The Senate has passed the bill as amended and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 867, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending sections 2, 9, and 15 (MCL 207.552, 207.559, and 207.565), sections 2 and 9 as amended by 2007 PA 146 and section 15 as amended by 1996 PA 513.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Senate Bill No. 975, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 3 (MCL 207.773), as amended by 2005 PA 339.

The Senate has passed the bill.

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

Senate Bill No. 976, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2006 PA 661.

The Senate has passed the bill.

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

Messages from the Governor

Date: May 21, 2008

Time: 9:10 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5695 (Public Act No. 131, I.E.), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 720 (MCL 257.720), as amended by 2003 PA 142.

(Filed with the Secretary of State May 21, 2008, at 2:04 p.m.)

Date: May 21, 2008

Time: 9:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5798 (Public Act No. 132, I.E.), being

An act to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.10cc) by adding section 6r.

(Filed with the Secretary of State May 21, 2008, at 2:06 p.m.)

Date: May 21, 2008

Time: 9:18 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5894 (Public Act No. 135, I.E.), being

An act to amend 1979 PA 218, entitled “An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 34b (MCL 400.734b), as added by 2006 PA 29.

(Filed with the Secretary of State May 21, 2008, at 2:12 p.m.)

Introduction of Bills

Reps. Rick Jones, Brandenburg, Proos, Elsenheimer, Palmer, Pavlov, Agema, Amos, Nitz, Calley, Opsommer, Emmons, Sheen, Hune, Meekhof, Hildenbrand, Acciavatti, Knollenberg, Meltzer, Pastor, Hoogendyk, Stahl and DeRoche introduced

House Bill No. 6132, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ff.

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

Reps. Lahti, McDowell, Sheltrown, Elsenheimer, Walker and Booher introduced

House Bill No. 6133, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2006 PA 382.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Reps. Meltzer, Agema, Moss, Hune, Rick Jones, Steil, Stahl, Stakoe, Calley, LaJoy, Meekhof, Opsommer, David Law, Nitz, Caul and Marleau introduced

House Bill No. 6134, entitled

A bill to amend 1960 PA 77, entitled “An act to create the Michigan higher education assistance authority and to prescribe its powers and duties; to authorize persons, corporations, and associations to make gifts to the authority; to prescribe the powers and duties of certain state officials; to authorize, ratify, and confirm certain guarantees of students’ loans and authorize reguarantees; to authorize, ratify, and confirm certain guarantees of loans made to parents of students; to validate certain prior appropriations; and to authorize the transfer of certain appropriations to be transferred to and administered by the authority,” by amending section 7 (MCL 390.957), as amended by 1990 PA 117.