No. 30

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Wednesday, March 24, 2010.

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.

Agema—present Durhal—present Kurtz—present Polidori—present

Amash—present Ebli—present Lahti—present Proos—present

Angerer—present Elsenheimer—present LeBlanc—present Roberts—present

Ball—present Espinoza—present Leland—present Rocca—present

Barnett—present Geiss—present Lemmons—present Rogers—present

Bauer—present Genetski—present Lindberg—present Schmidt, R.—present

Bennett—present Gonzales—present Lipton—present Schmidt, W.—present

Bledsoe—present Green—present Liss—present Schuitmaker—present

Bolger—present Gregory—present Lori—present Scott, B.—present

Booher—present Griffin—present Lund—present Scott, P.—present

Brown, L.—present Haase—present Marleau—present Scripps—present

Brown, T.—present Haines—present Mayes—present Segal—present

Byrnes—present Hammel—present McDowell—present Sheltrown—present

Byrum—present Hansen—present McMillin—present Slavens—present

Calley—present Haugh—present Meadows—present Slezak—present

Caul—present Haveman—present Meekhof—present Smith—present

Clemente—present Hildenbrand—present Melton—present Spade—present

Constan—present Horn—present Meltzer—present Stamas—present

Corriveau—present Huckleberry—present Miller—present Stanley—present

Coulouris—present Jackson—present Moore—present Switalski—present

Crawford—present Johnson—present Moss—present Tlaib—present

Cushingberry—present Jones, Rick—present Nathan—present Tyler—present

Daley—present Jones, Robert—present Nerat—present Valentine—present

Dean—present Kandrevas—present Neumann—present Walsh—present

Denby—present Kennedy—present Opsommer—present Warren—present

DeShazor—present Knollenberg—present Pavlov—present Womack—present

Dillon—present Kowall—present Pearce—present Young—present

Donigan—present

e/d/s = entered during session

Rep. David E. Nathan, from the 11th District, offered the following invocation:

“Thank You Lord for the opportunity to give You praise.

You are the bright light that shines at the end of the tunnel.

Give us the strength to work collectively in this chamber so the people of this state will have the opportunity for a good paying job, a quality education and State that makes them proud.

Thank You Lord for the leadership that our President and United State Congress have shown with the passage of health care reform.

Give us all the courage and strength to embrace these reforms so that it will benefit those with the greatest need for health care.

We ask these things, and all things, in Jesus name…AMEN.”

______

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

The motion prevailed.

Reports of Standing Committees

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4516, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 3 (MCL 207.843).

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4543, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 10 (MCL 125.2690), as amended by 2008 PA 242.

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4544, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 3 (MCL 125.2783).

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4545, entitled

A bill to amend 1963 PA 62, entitled “Industrial development revenue bond act of 1963,” by amending section 3 (MCL 125.1253).

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4546, 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 section 9 (MCL 207.559), as amended by 2008 PA 516.

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4547, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 8 (MCL 207.808), as amended by 2008 PA 257.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4548, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4549, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 262a.

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4550, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2008 PA 578.

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4551, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149.

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4552, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

The Committee on Oversight and Investigations, by Rep. Griffin, Chair, reported

House Bill No. 4553, entitled

A bill to require certain business entities to comply with certain requirements to receive economic development benefits; to prescribe the powers and duties of certain state departments and agencies; and to prescribe certain penalties.

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. Griffin, Bledsoe, Angerer and Warren

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Griffin, Chair, of the Committee on Oversight and Investigations, was received and read:

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Griffin, Bledsoe, Angerer, Warren, Bolger and Horn

The Committee on Agriculture, by Rep. Huckleberry, Chair, reported

House Bill No. 5762, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 70a.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Huckleberry, Mayes, Barnett, Griffin, Haase, Valentine, Tyler, Daley, Hansen and Kurtz

Nays: None

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Huckleberry, Mayes, Barnett, Griffin, Haase, Nerat, Valentine, Tyler, Daley, Hansen and Kurtz

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

House Bill No. 4138, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2111, 3103, 3114, and 3177 (MCL 500.2111, 500.3103, 500.3114, and 500.3177), section 2111 as amended by 2002 PA 492, section 3103 as amended by 1986 PA 173, section 3114 as amended by 2002 PA 38, and section 3177 as amended by 1984 PA 426.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Johnson, Haugh, Melton, Stanley, Rocca, Crawford, Rick Jones and Stamas

Nays: None

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

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

House Bill No. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

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. Johnson, Haugh, Melton, Rocca, Crawford, Rick Jones and Stamas

Nays: Rep. Byrnes

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Johnson, Haugh, Byrnes, Melton, Bettie Scott, Stanley, Rocca, Crawford, Rick Jones and Stamas

Absent: Rep. Switalski

Excused: Rep. Switalski

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Ebli, Melton, Barnett, Robert Jones, Kandrevas, Lipton, Mayes, Meadows, Slezak, Warren, Calley, Kowall, Lund, Meekhof, Meltzer, Stamas and Walsh

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Robert Jones, Barnett, Byrum, Clemente, Haugh, Huckleberry, Lemmons, Nathan, Nerat, Roy Schmidt, Womack, Hansen, DeShazor, Meekhof, Meltzer, Opsommer and Walsh

Absent: Reps. Sheltrown and Knollenberg

Excused: Reps. Sheltrown and Knollenberg

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca

Absent: Rep. Warren

Excused: Rep. Warren

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Valentine, Chair, of the Committee on Families and Children’s Services, was received and read:

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Valentine, Womack, Liss, Neumann, Slavens, Kurtz, McMillin and Pavlov

Absent: Rep. Moore

Excused: Rep. Moore

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Neumann, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Neumann, Slavens, Constan, Robert Jones, Lemmons, Ball, DeShazor, Moore and Tyler

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clemente, Chair, of the Committee on New Economy and Quality of Life, was received and read:

Meeting held on: Wednesday, March 24, 2010

Present: Reps. Clemente, Stanley, Byrnes, Griffin, Segal, Bolger, Denby and Tyler

Absent: Reps. Geiss, Leland and Knollenberg

Excused: Reps. Geiss, Leland and Knollenberg

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Polidori, Ball, Barnett, Lisa Brown, Terry Brown, Constan, Daley, Denby, Griffin, Hansen, Hildenbrand, Robert Jones, Knollenberg, Kowall, Liss, Lori, Mayes, Miller, Neumann, Roberts, Rogers, Sheltrown, Slavens, Stanley, Valentine and Warren offered the following resolution:

House Resolution No. 237.

A resolution to declare May 2010 as Relay For Life Month in the state of Michigan.

Whereas, More than 51,000 Michigan residents are likely to be diagnosed with cancer in 2009, and more than 20,000 Michigan residents are expected to die from cancer this year. One in three Americans will be diagnosed with cancer in their lifetimes; and

Whereas, The American Cancer Society is the nationwide community-based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives and diminishing suffering from cancer through research, education, advocacy and service; and

Whereas, Relay For Life, sponsored by the American Cancer Society, will celebrate and honor Michigan residents and their families who have been touched by cancer; and

Whereas, Relay For Life began in 1985 when Dr. Gordon Klatt, a Tacoma, Washington surgeon and American Cancer Society volunteer, ran and walked on a local track for 24 hours; and

Whereas, This signature event of the American Cancer Society has raised more than $2.5 billion since 1985; and

Whereas, Held throughout the state of Michigan, Relay For Life is a community affair that presents an opportunity for residents to join with family and friends to fight cancer; and

Whereas, This year, scores of Relay For Life events will take place throughout the state of Michigan, with thousands of Michiganders running and walking in teams for 24 consecutive hours, which will raise both money and public awareness; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2010 as Relay For Life Month in the state of Michigan; and be it further

Resolved, That we thank the participants and organizers of Relay For Life and encourage them to continue their efforts to combat cancer.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Miller, Ball, Barnett, Lisa Brown, Terry Brown, Constan, Griffin, Robert Jones, Knollenberg, Kowall, Liss, Lori, Mayes, Neumann, Roberts, Rogers, Sheltrown, Slavens, Valentine and Warren offered the following resolution:

House Resolution No. 238.

A resolution to declare April 2010 as Multiple Birth Awareness Month in the state of Michigan.

Whereas, The National Organization of Mothers of Twins Clubs, Inc., Twins Magazine and the Fetal Hope Foundation have joined with local organizations to establish and celebrate April as National Multiple Birth Awareness Month; and

Whereas, Multiple births are on the rise. The number of live births in twin deliveries rose two percent between 2005 and 2006 to 137,085 births; this number has almost doubled in the last 20 years. In 2006, there were also 6,540 triplets, 355 quadruplets and 67 higher order multiples born nationwide; and

Whereas, With the increase in multiple births, there is an increased risk for the mothers and babies. Nationally, one out of every eight twins and one of every three triplets are born very preterm, compared with fewer than two of every 100 single births. Death during infancy is four times more common for twins than singletons; and

Whereas, This month will be used to spread awareness about the issues that families of multiple births face, including what to know when expecting multiples, Twin-to-Twin Transfusion Syndromes and other fetal issues directly affecting multiple birth pregnancies, premature births and low birth weights, multiples with special needs, the exceptional physical and bonding demands placed on parents, and the separation of multiples in classrooms; and

Whereas, There are many local support groups for parents of multiples. The Michigan Organization of Mothers of Twins Club was founded in 1964 and has many local clubs throughout the state for parents or expectant parents to get involved. Many of these clubs are planning events throughout their communities during this month to celebrate their families, increase participation and help out other families in need; and

Whereas, By raising awareness of multiple births, this month also encourages parents of multiples or who are expecting multiples to seek out the resources and support found with local mothers of twins clubs, through their prenatal care provider, pediatrician, local hospital, the Michigan Organization of Mothers of Twins Clubs, or friends and family. These clubs are established to serve parents or guardians of multiple birth children through education, research and fellowship; and

Whereas, We join with the many parents of multiples to celebrate the joys and challenges they face in raising their twins, triplets, and other multiple births, and support efforts to educate our communities about the needs and challenges of multiple birth children; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2010 as Multiple Birth Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Sheltrown, Wayne Schmidt, Hansen, Lahti, Mayes, Meadows, Ball, Barnett, Terry Brown, Denby, Griffin, Robert Jones, Knollenberg, Kowall, Lori, Rogers, Tyler and Valentine offered the following resolution:

House Resolution No. 239.

A resolution to urge the President of the United States to ensure that recreational fishing and boating are national priorities in the Interagency Ocean Policy Task Force’s final report and to recognize the primacy of state management in the Great Lakes region.

Whereas, Recreational fishing and boating are a vital part of our nation’s heritage and have a significant impact on employment, the economy, and the quality of life in this country. Recreational fishing is a $125 billion industry, enjoyed by more than 60 million anglers and supporting over a million jobs nationwide; and

Whereas, Nearly 1.5 million Michigan residents and visitors enjoy fishing on Michigan’s rivers, inland lakes, and Great Lakes. Each year, recreational anglers pour an estimated $1.7 billion into Michigan’s economy, accounting for over 27,000 jobs; and

Whereas, President Obama has created an Interagency Ocean Policy Task Force to recommend a national policy for our nation’s oceans, coasts, and Great Lakes. The task force has generated two interim reports with recommendations, including recommendations for a federally led process to plan future use and management of ocean, coastal, and Great Lakes resources; and

Whereas, The Interagency Ocean Policy Task Force has not clearly recognized recreational fishing and boating as a national priority for the oceans, coasts, and Great Lakes in its interim reports. Providing the angling public with access to public resources is no less important than, and not mutually exclusive with, conserving those resources. Without proper recognition, recreational fishing opportunities could become more limited, curtailed, or even potentially eliminated in many areas; and

Whereas, The Interagency Ocean Policy Task Force has not properly recognized the role of the states in managing the Great Lakes. The Great Lakes states have jurisdiction over the Great Lakes and the lead role in managing Great Lakes resources. The interim report appears to create the potential for a larger federal role in managing the lakes, potentially infringing on state sovereignty. The maintenance of state management is imperative to maintaining efficient resource management that is responsive to recreational anglers and all other resources users; now, therefore, be it

Resolved by the House of Representatives, That we urge the President of the United States to ensure that recreational fishing and boating are national priorities in the Interagency Ocean Policy Task Force’s final report and to recognize the primacy of state management in the Great Lakes region; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Tourism, Outdoor Recreation and Natural Resources.

Reps. Meekhof, Warren, Ball, Barnett, Byrnes, Daley, Denby, Griffin, Hansen, Hildenbrand, Knollenberg, Kowall, Lori, Mayes, Roberts, Rogers, Scripps, Sheltrown and Tyler offered the following resolution:

House Resolution No. 240.

A resolution to urge the Great Lakes-St. Lawrence River Basin Water Resources Council to scrutinize carefully the proposed diversion at Waukesha, Wisconsin.

Whereas, The Great Lakes states ratified the Great Lakes-St. Lawrence River Basin Water Resources Compact to prevent harmful and unnecessary water diversions from the Great Lakes. The compact establishes strict standards and a regional approval process that must be met prior to new diversions from the lakes to communities outside the basin; and

Whereas, The first request to divert water to a community outside the Great Lakes basin is imminent. The city of Waukesha, Wisconsin, has stated its intention to apply for an 18.5 million gallon per day diversion of water from Lake Michigan to meet its current drinking water needs and future economic growth; and

Whereas, There are concerns that the Waukesha proposal may not go far enough to meet the standards required by the compact for approving a diversion. The compact envisions a limited exception for diversions when the public need is great in communities bordering the Great Lakes basin, and every effort has been made to minimize the need for Great Lakes water, including the implementation of significant water conservation measures. It is not clear if the city of Waukesha proposal truly represents the minimum diversion necessary to meet the city’s needs; and

Whereas, The review of the proposed Waukesha diversion will provide precedent for future water diversion proposals and approvals. The Great Lakes governors represented on the Great Lakes-St. Lawrence River Basin Water Resources Council interpretation of the compact will set the standard for future diversion proposals and approvals. The council must carefully consider how it will apply the compact standards, particularly what constitutes sufficient water conservation measures and how communities outside the basin account for these water conservation measures and future growth in determining how much water needs to be diverted; now, therefore, be it

Resolved by the House of Representatives, That we urge the Great Lakes-St. Lawrence River Basin Water Resources Council to scrutinize carefully the proposed diversion at Waukesha, Wisconsin; and be it further

Resolved, That copies of this resolution be transmitted to the Great Lakes-St. Lawrence River Basin Water Resources Council, the Governor’s Office, and the Office of the Great Lakes.

The resolution was referred to the Committee on Great Lakes and Environment.

Reps. Wayne Schmidt, Hansen, Haveman, Ball, Sheltrown, Meekhof, Schuitmaker, Green, Booher, Mayes, Barnett, Constan, Daley, Denby, Griffin, Hildenbrand, Knollenberg, Kowall, Lori, Lund, Rogers, Tyler and Valentine offered the following concurrent resolution:

House Concurrent Resolution No. 47.

A concurrent resolution to urge the President of the United States to ensure that recreational fishing and boating are national priorities in the Interagency Ocean Policy Task Force’s final report and to recognize the primacy of state management in the Great Lakes region.

Whereas, Recreational fishing and boating are a vital part of our nation’s heritage and have a significant impact on employment, the economy, and the quality of life in this country. Recreational fishing is a $125 billion industry, enjoyed by more than 60 million anglers and supporting over a million jobs nationwide; and

Whereas, Nearly 1.5 million Michigan residents and visitors enjoy fishing on Michigan’s rivers, inland lakes, and Great Lakes. Each year, recreational anglers pour an estimated $1.7 billion into Michigan’s economy, accounting for over 27,000 jobs; and

Whereas, President Obama has created an Interagency Ocean Policy Task Force to recommend a national policy for our nation’s oceans, coasts, and Great Lakes. The task force has generated two interim reports with recommendations, including recommendations for a federally led process to plan future use and management of ocean, coastal, and Great Lakes resources; and

Whereas, The Interagency Ocean Policy Task Force has not clearly recognized recreational fishing and boating as a national priority for the oceans, coasts, and Great Lakes in its interim reports. Providing the angling public with access to public resources is no less important than, and not mutually exclusive with, conserving those resources. Without proper recognition, recreational fishing opportunities could become more limited, curtailed, or even potentially eliminated in many areas; and

Whereas, The Interagency Ocean Policy Task Force has not properly recognized the role of the states in managing the Great Lakes. The Great Lakes states have jurisdiction over the Great Lakes and the lead role in managing Great Lakes resources. The interim report appears to create the potential for a larger federal role in managing the lakes, potentially infringing on state sovereignty. The maintenance of state management is imperative to maintaining efficient resource management that is responsive to recreational anglers and all other resources users; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the President of the United States to ensure that recreational fishing and boating are national priorities in the Interagency Ocean Policy Task Force’s final report and to recognize the primacy of state management in the Great Lakes region; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Tourism, Outdoor Recreation and Natural Resources.

Pursuant TO ARTICLE XI, SECTION 5 OF THE MICHIGAN CONSTITUTION, THIS RESOLUTION REQUIRES A TWO-THIRDS VOTE OF THE MEMBERS ELECTED AND SERVING.

Reps. Elsenheimer, Ball, Daley, Hansen, Haveman, Hildenbrand, Knollenberg, Kowall, Lori, Lund, Meekhof and Rogers offered the following concurrent resolution:

House Concurrent Resolution No. 48.

A concurrent resolution to reject the 3 percent compensation increase authorized for civil service employees by the Civil Service Commission for the 2010-2011 fiscal year.

Whereas, Article XI, Section 5 of the Constitution of State of Michigan of 1963 provides that increases in rates of compensation in the state classified services authorized by the Civil Service Commission require prior notice to the Governor. The Constitution of the State of Michigan of 1963 also requires that the Governor transmit such increases to the Legislature as part of the Governor’s budget; and

Whereas, Article XI, Section 5 of the Constitution of the State of Michigan of 1963 reads, in part, as follows:

Increases in rates of compensation authorized by the commission may be effective only at the start of a fiscal year and shall require prior notice to the governor, who shall transmit such increases to the legislature as part of his budget. The legislature may, by a majority vote of the members elected to and serving in each house, waive the notice and permit increases in rates of compensation to be effective at a time other than the start of a fiscal year. Within 60 calendar days following such transmission, the legislature may, by a two-thirds vote of the members elected to and serving in each house, reject or reduce increases in rates of compensation authorized by the commission. Any reduction ordered by the legislature shall apply uniformly to all classes of employees affected by the increases and shall not adjust pay differentials already established by the civil service commission. The legislature may not reduce rates of compensation below those in effect at the time of the transmission of increases authorized by the commission; and

Whereas, The additional cost of these state employee contractual increases to the fiscal year 2010-2011 budget is estimated to be $77.3 million; and

Whereas, Michigan’s hardworking families and private sector employees have faced layoffs, pay cuts, loss of benefits, and other employment concessions. According to government statistics, the average annual salary of a Michigan classified state employee in 2009 was $54,246, while the average annual salary for the state’s private sector employees was $43,831, a difference of 23 percent. Michigan’s state classified employee base salary ranked sixth-highest in the nation; and

Whereas, As of November 2009, Michigan has lost 831,500 wage and salary jobs since 2000, a decline of 17.7 percent. The Senate Fiscal Agency forecasts continued job losses for 2010 and 2011. In December 2009, our unemployment rate continued to be the highest in the nation at 14.6 percent. Michigan’s unemployment rate has been the highest in the nation for the last four years. Since December 2008, the state’s jobless rate is up 4.4 percent from 10.2 percent. Michigan’s per capita personal income is expected to decline by 2.7 percent in 2009. This decline in personal income in 2009 will be the first decline since 1958 and the worst drop since 1945; and

Whereas, Based on the January Consensus Revenue Estimate, Michigan faces a potential budget deficit of $1.6 billion. The Governor’s proposed FY 2011 budget closes this gap by a mixture of tax increases, one-time revenue, program cuts, and reforms, including the elimination of the FY 2011 3 percent salary increase for nonexclusively represented state classified employees; and

Whereas, In light of these facts, it would be grossly unfair and fiscally irresponsible to provide salary increase to state classified employees; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature, pursuant to Article XI, Section 5 of the Constitution of the State of Michigan of 1963, hereby rejects the 3 percent compensation increases for civil service employees authorized by the Michigan Civil Service Commission for fiscal year 2010-2011; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor and the Civil Service Commission.

The concurrent resolution was referred to the Committee on Government Operations.

Reps. Warren, Meekhof, Roberts, Scripps, Cushingberry, Kennedy, Liss, Ebli, Smith, Ball, Barnett, Terry Brown, Byrnes, Constan, Griffin, Robert Jones, Knollenberg, Kowall, Lori, Mayes, Miller, Rogers, Sheltrown, Slavens and Valentine offered the following concurrent resolution:

House Concurrent Resolution No. 49.

A concurrent resolution to urge the Great Lakes-St. Lawrence River Basin Water Resources Council to scrutinize carefully the proposed diversion at Waukesha, Wisconsin.

Whereas, The Great Lakes states ratified the Great Lakes-St. Lawrence River Basin Water Resources Compact to prevent harmful and unnecessary water diversions from the Great Lakes. The compact establishes strict standards and a regional approval process that must be met prior to new diversions from the lakes to communities outside the basin; and

Whereas, The first request to divert water to a community outside the Great Lakes basin is imminent. The city of Waukesha, Wisconsin, has stated its intention to apply for an 18.5 million gallon per day diversion of water from Lake Michigan to meet its current drinking water needs and future economic growth; and

Whereas, There are concerns that the Waukesha proposal may not go far enough to meet the standards required by the compact for approving a diversion. The compact envisions a limited exception for diversions when the public need is great in communities bordering the Great Lakes basin, and every effort has been made to minimize the need for Great Lakes water, including the implementation of significant water conservation measures. It is not clear if the city of Waukesha proposal truly represents the minimum diversion necessary to meet the city’s needs; and

Whereas, The review of the proposed Waukesha diversion will provide precedent for future water diversion proposals and approvals. The Great Lakes governors represented on the Great Lakes-St. Lawrence River Basin Water Resources Council interpretation of the compact will set the standard for future diversion proposals and approvals. The council must carefully consider how it will apply the compact standards, particularly what constitutes sufficient water conservation measures and how communities outside the basin account for these water conservation measures and future growth in determining how much water needs to be diverted; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Great Lakes-St. Lawrence River Basin Water Resources Council to scrutinize carefully the proposed diversion at Waukesha, Wisconsin; and be it further

Resolved, That copies of this resolution be transmitted to the Great Lakes-St. Lawrence River Basin Water Resources Council, the Governor’s Office, and the Office of the Great Lakes.

The concurrent resolution was referred to the Committee on Great Lakes and Environment.

______

Rep. Pearce moved that Rep. Marleau be excused temporarily from today’s session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4677, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 78101, 78105, and 83106 (MCL 324.78101, 324.78105, and 324.83106), section 78101 as amended by 2006 PA 466 and sections 78105 and 83106 as amended by 2004 PA 587, and by adding section 78119.

(The bill was received from the Senate on December 17, 2009, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 18, 2009, see House Journal No. 110 of 2009, p. 2578.)

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. 97 Yeas—83

Agema Ebli Kowall Schmidt, R.

Angerer Elsenheimer Lahti Schmidt, W.

Barnett Espinoza Leland Schuitmaker

Bauer Geiss Lemmons Scott, B.

Bennett Green Lindberg Scripps

Bledsoe Gregory Lipton Segal

Bolger Griffin Liss Sheltrown

Brown, L. Haase Mayes Slavens

Brown, T. Haines McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Hansen Meekhof Stamas

Constan Haugh Melton Stanley

Corriveau Haveman Miller Switalski

Coulouris Hildenbrand Moore Tlaib

Cushingberry Huckleberry Nathan Tyler

Daley Jackson Pavlov Valentine

Dean Johnson Polidori Walsh

Denby Jones, Rick Proos Warren

DeShazor Jones, Robert Roberts Womack

Dillon Kennedy Rocca Young

Durhal Knollenberg Rogers

Nays—25

Amash Donigan LeBlanc Nerat

Ball Genetski Lori Neumann

Booher Gonzales Lund Opsommer

Byrnes Horn McMillin Pearce

Calley Kandrevas Meltzer Scott, P.

Caul Kurtz Moss Spade

Crawford

In The Chair: Byrnes

The House agreed to the full title.

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

Second Reading of Bills

Senate Bill No. 1057, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 74101, 74102, 74102a, 74116, 74117, 74120, and 74122 (MCL 324.74101, 324.74102, 324.74102a, 324.74116, 324.74117, 324.74120, and 324.74122), sections 74101 and 74122 as amended by 2004 PA 587, sections 74102, 74116, and 74120 as added by 1995 PA 58, section 74102a as amended by 2006 PA 307, and section 74117 as amended by 2009 PA 197; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

Rep. Angerer 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. 1057, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 74101, 74102, 74102a, 74116, 74117, 74120, and 74122 (MCL 324.74101, 324.74102, 324.74102a, 324.74116, 324.74117, 324.74120, and 324.74122), sections 74101 and 74122 as amended by 2004 PA 587, sections 74102, 74116, and 74120 as added by 1995 PA 58, section 74102a as amended by 2006 PA 307, and section 74117 as amended by 2009 PA 197; 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. 98 Yeas—81

Angerer Elsenheimer Kowall Schmidt, R.

Barnett Espinoza Lahti Schmidt, W.

Bauer Geiss Lemmons Schuitmaker

Bennett Green Lindberg Scott, B.

Bledsoe Gregory Lipton Scripps

Bolger Griffin Liss Segal

Brown, L. Haase Mayes Sheltrown

Brown, T. Haines McDowell Slavens

Byrum Hammel Meadows Slezak

Clemente Hansen Meekhof Smith

Constan Haugh Melton Stamas

Corriveau Haveman Miller Stanley

Coulouris Hildenbrand Moore Switalski

Cushingberry Huckleberry Nathan Tlaib

Daley Jackson Pavlov Tyler

Dean Johnson Polidori Valentine

Denby Jones, Rick Proos Walsh

DeShazor Jones, Robert Roberts Warren

Dillon Kennedy Rocca Womack

Durhal Knollenberg Rogers Young

Ebli

Nays—27

Agema Crawford LeBlanc Nerat

Amash Donigan Leland Neumann

Ball Genetski Lori Opsommer

Booher Gonzales Lund Pearce

Byrnes Horn McMillin Scott, P.

Calley Kandrevas Meltzer Spade

Caul Kurtz Moss

In The Chair: Byrnes

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. Angerer moved that the bill be given immediate effect.

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

Second Reading of Bills

Senate Bill No. 389, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805.

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-8) the bill.

The motion prevailed and the substitute (H-8) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Angerer 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. 389, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805.

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

Roll Call No. 99 Yeas—83

Angerer Elsenheimer Lahti Schmidt, R.

Barnett Espinoza Leland Schmidt, W.

Bauer Geiss Lemmons Schuitmaker

Bennett Green Lindberg Scott, B.

Bledsoe Gregory Lipton Scripps

Bolger Griffin Liss Segal

Brown, L. Haase Mayes Sheltrown

Brown, T. Haines McDowell Slavens

Byrum Hammel Meadows Slezak

Clemente Hansen Meekhof Smith

Constan Haugh Melton Stamas

Corriveau Haveman Miller Stanley

Coulouris Hildenbrand Moore Switalski

Cushingberry Huckleberry Nathan Tlaib

Daley Jackson Pavlov Tyler

Dean Johnson Pearce Valentine

Denby Jones, Rick Polidori Walsh

DeShazor Jones, Robert Proos Warren

Dillon Kennedy Roberts Womack

Durhal Knollenberg Rocca Young

Ebli Kowall Rogers

Nays—25

Agema Crawford Kurtz Moss

Amash Donigan LeBlanc Nerat

Ball Genetski Lori Neumann

Booher Gonzales Lund Opsommer

Byrnes Horn McMillin Scott, P.

Calley Kandrevas Meltzer Spade

Caul

In The Chair: Byrnes

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

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

A bill 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 regulate the introduction and use of certain evidence; 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,” (MCL 257.1 to 257.923) by adding section 805; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Angerer 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. 5777, entitled

A bill to regulate the use of ropes, chains, wires, or similar devices in blocking access to certain land; and to provide for penalties.

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

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

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

The motion prevailed.

Rep. Angerer 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. 5777, entitled

A bill to regulate the use of ropes, chains, wires, or similar devices in blocking access to certain land; and to provide for penalties.

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

Roll Call No. 100 Yeas—56

Angerer Donigan Leland Roberts

Ball Durhal Lemmons Rocca

Barnett Ebli Lindberg Schmidt, R.

Bauer Espinoza Lipton Scott, B.

Bennett Gonzales Liss Sheltrown

Bledsoe Griffin Lori Slavens

Brown, L. Horn McDowell Slezak

Byrum Huckleberry Meadows Smith

Clemente Jackson Melton Spade

Constan Johnson Miller Stanley

Coulouris Jones, Robert Nathan Switalski

Cushingberry Kandrevas Nerat Tlaib

Dean Kennedy Neumann Valentine

Dillon Lahti Polidori Womack

Nays—52

Agema Elsenheimer Knollenberg Pearce

Amash Geiss Kowall Proos

Bolger Genetski Kurtz Rogers

Booher Green LeBlanc Schmidt, W.

Brown, T. Gregory Lund Schuitmaker

Byrnes Haase Mayes Scott, P.

Calley Haines McMillin Scripps

Caul Hammel Meekhof Segal

Corriveau Hansen Meltzer Stamas

Crawford Haugh Moore Tyler

Daley Haveman Moss Walsh

Denby Hildenbrand Opsommer Warren

DeShazor Jones, Rick Pavlov Young

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer 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. 5155, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

The bill was read a second time.

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

The motion prevailed.

Rep. Angerer 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. 5155, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

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

Roll Call No. 101 Yeas—66

Ball Durhal Leland Rogers

Barnett Geiss Lemmons Schmidt, R.

Bauer Gonzales Lindberg Scott, B.

Bennett Gregory Lipton Scripps

Bledsoe Griffin Liss Segal

Brown, L. Haase Mayes Sheltrown

Brown, T. Hammel McDowell Slavens

Byrnes Haugh Meadows Smith

Byrum Huckleberry Melton Spade

Clemente Jackson Miller Stanley

Constan Johnson Nathan Switalski

Corriveau Jones, Robert Nerat Tlaib

Coulouris Kandrevas Neumann Valentine

Cushingberry Kennedy Polidori Warren

Dean Kowall Roberts Womack

Dillon Lahti Rocca Young

Donigan LeBlanc

Nays—42

Agema Ebli Knollenberg Pavlov

Amash Elsenheimer Kurtz Pearce

Angerer Espinoza Lori Proos

Bolger Genetski Lund Schmidt, W.

Booher Green McMillin Schuitmaker

Calley Haines Meekhof Scott, P.

Caul Hansen Meltzer Slezak

Crawford Haveman Moore Stamas

Daley Hildenbrand Moss Tyler

Denby Horn Opsommer Walsh

DeShazor Jones, Rick

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer 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. 5165, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98.

The bill was read a second time.

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

The motion prevailed.

Rep. Angerer 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. 5165, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98.

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

Roll Call No. 102 Yeas—65

Angerer Donigan Lahti Roberts

Ball Durhal LeBlanc Rocca

Barnett Espinoza Leland Schmidt, R.

Bauer Geiss Lemmons Scott, B.

Bennett Gonzales Lindberg Scripps

Bledsoe Gregory Lipton Segal

Brown, L. Griffin Liss Slavens

Brown, T. Haase Mayes Smith

Byrnes Hammel McDowell Spade

Byrum Haugh Meadows Stanley

Clemente Huckleberry Melton Switalski

Constan Jackson Miller Tlaib

Corriveau Johnson Nathan Valentine

Coulouris Jones, Robert Nerat Warren

Cushingberry Kandrevas Neumann Womack

Dean Kennedy Polidori Young

Dillon

Nays—43

Agema Elsenheimer Kurtz Proos

Amash Genetski Lori Rogers

Bolger Green Lund Schmidt, W.

Booher Haines McMillin Schuitmaker

Calley Hansen Meekhof Scott, P.

Caul Haveman Meltzer Sheltrown

Crawford Hildenbrand Moore Slezak

Daley Horn Moss Stamas

Denby Jones, Rick Opsommer Tyler

DeShazor Knollenberg Pavlov Walsh

Ebli Kowall Pearce

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer 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. 5163, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1169, 1507, and 1507b (MCL 380.1169, 380.1507, and 380.1507b), sections 1169 and 1507 as amended and section 1507b as added by 2004 PA 165.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 71 of 2009, p. 1489),

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 4, line 13, after “course” by striking out the balance of the line through “class.” on line 15 and inserting a comma and “AND SUBMITS A WRITTEN AUTHORIZATION FOR THE PUPIL TO BE ENROLLED IN THE CLASS.”.

2. Amend page 4, line 17, after “(3)” by striking out the balance of the line through “guardian,” on line 18 and inserting “IF A PUPIL’S PARENT OR LEGAL GUARDIAN DOES NOT SUBMIT THE WRITTEN AUTHORIZATION REQUIRED UNDER SUBSECTION (2) FOR THE PUPIL TO BE ENROLLED IN THE CLASS,”.

3. Amend page 10, following line 8, by inserting:

“Enacting section 1. Section 1507a of the revised school code, 1976 PA 451, MCL 380.1507a, is repealed.”.

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 6, following line 19, by inserting:

“(7) THIS SECTION, SECTION 1169, SECTION 1507A, AND SECTION 1507B SHALL NOT BE CONSTRUED TO ALLOW A SCHOOL DISTRICT TO PROVIDE SEX EDUCATION TO A CHILD WHO IS UNDER 7 YEARS OF AGE.” and renumbering the remaining subsections.

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

Rep. Amash moved to amend the bill as follows:

1. Amend page 4, line 24, after “district” by inserting “THAT PROVIDES THE INSTRUCTION UNDER THIS SECTION”.

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

Rep. Amash moved to amend the bill as follows:

1. Amend page 3, line 22, after “INCLUDE” by striking out “COMPREHENSIVE”.

2. Amend page 8, line 10, after “of” by inserting “ceasing sex OR”.

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 8, line 12, after “DECISIONS” by inserting “WHILE MAKING IT CLEAR THAT THE BEST WAY TO PROTECT ONESELF IS TO CEASE SEXUAL ACTIVITY”.

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

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

The motion prevailed.

Rep. Angerer 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. 5163, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1169, 1507, and 1507b (MCL 380.1169, 380.1507, and 380.1507b), sections 1169 and 1507 as amended and section 1507b as added by 2004 PA 165.

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

Roll Call No. 103 Yeas—61

Angerer Donigan Kandrevas Roberts

Ball Durhal Kennedy Rocca

Barnett Ebli Leland Schmidt, R.

Bauer Espinoza Lemmons Scott, B.

Bennett Geiss Lindberg Scripps

Bledsoe Gonzales Lipton Segal

Brown, L. Gregory Liss Slavens

Brown, T. Griffin McDowell Smith

Byrnes Haase Meadows Stanley

Byrum Hammel Melton Switalski

Constan Haugh Miller Tlaib

Corriveau Huckleberry Nathan Valentine

Coulouris Jackson Nerat Warren

Cushingberry Johnson Neumann Womack

Dean Jones, Robert Polidori Young

Dillon

Nays—47

Agema Genetski LeBlanc Proos

Amash Green Lori Rogers

Bolger Haines Lund Schmidt, W.

Booher Hansen Mayes Schuitmaker

Calley Haveman McMillin Scott, P.

Caul Hildenbrand Meekhof Sheltrown

Clemente Horn Meltzer Slezak

Crawford Jones, Rick Moore Spade

Daley Knollenberg Moss Stamas

Denby Kowall Opsommer Tyler

DeShazor Kurtz Pavlov Walsh

Elsenheimer Lahti Pearce

In The Chair: Byrnes

The House agreed to the title of the bill.

Rep. Angerer 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. 5158, entitled

A bill to require that crisis pregnancy organizations obtain informed consent from women served by those organizations; and to provide remedies and prescribe penalties.

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

The motion prevailed.

Rep. Angerer 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. 5158, entitled

A bill to require that crisis pregnancy organizations obtain informed consent from women served by those organizations; and to provide remedies and prescribe penalties.

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

Roll Call No. 104 Yeas—66

Angerer Durhal LeBlanc Rocca

Ball Ebli Leland Schmidt, R.

Barnett Espinoza Lemmons Scott, B.

Bauer Geiss Lindberg Scripps

Bennett Gonzales Lipton Segal

Brown, L. Gregory Liss Sheltrown

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Smith

Byrum Hammel Meadows Spade

Clemente Haugh Melton Stanley

Constan Huckleberry Miller Switalski

Corriveau Jackson Nathan Tlaib

Coulouris Johnson Nerat Valentine

Cushingberry Jones, Robert Neumann Warren

Dean Kandrevas Polidori Womack

Dillon Kennedy Roberts Young

Donigan Lahti

Nays—42

Agema Elsenheimer Kurtz Pearce

Amash Genetski Lori Proos

Bledsoe Green Lund Rogers

Bolger Haines McMillin Schmidt, W.

Booher Hansen Meekhof Schuitmaker

Calley Haveman Meltzer Scott, P.

Caul Hildenbrand Moore Slezak

Crawford Horn Moss Stamas

Daley Jones, Rick Opsommer Tyler

Denby Knollenberg Pavlov Walsh

DeShazor Kowall

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 23.

A concurrent resolution to urge the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women.

(For text of concurrent resolution, see House Journal No. 60 of 2009, p. 1222.)

(The concurrent resolution was reported by the Committee on Judiciary on September 9, 2009.)

The question being on the adoption of the concurrent resolution,

Rep. Segal moved to substitute (H-2) the concurrent resolution as follows:

Substitute for House Concurrent Resolution No. 23.

A concurrent resolution to urge the state of Michigan to continue to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women.

Whereas, There is substantial research indicating that women do not receive the same level of health care as men. Women are less often referred for diagnostic tests, are less represented in health studies, and are less often treated for diseases compared to men with the same condition. There is considerable evidence that women receive less aggressive treatment for certain illnesses, including cardiovascular problems, than men with similar symptoms; and

Whereas, Physiological differences between men and women contribute to significant distinctions in how certain diseases are diagnosed and treated and the levels of attention from the medical research community. Women smokers are far more likely to develop lung cancer, far more vulnerable to HIV in contacts with men, and far more likely to live in a long-term facility. Women also face difficulties with insurance beyond those faced by men; and

Whereas, In spite of efforts by women’s groups to achieve parity in treatment and research, there are many aspects of health care that need to be examined before true equity is realized; and

Whereas, Government agencies and policies play an important role in promoting public health. Public funding for programs, initiatives to increase public awareness of health problems, and encouragement of research can make an enormous difference in how a specific problem is addressed; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the state of Michigan to continue to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Moss moved to substitute (H-1) the concurrent resolution as follows: