2007-HJ-04-17-035.htm

No. 35

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Tuesday, April 17, 2007.

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--excused 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--present

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

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

DeRoche--present Knollenberg--present

e/d/s = entered during session

Rep. Matt Gillard, from the 106th District, offered the following invocation:

"Heavenly Father, today we are most thankful for the gift of life that You have blessed us with. We are thankful for the opportunities and the resources that You have given us stewardship over, both as individuals and citizens and legislators of this great state of Michigan and the United States of America.

Today, Heavenly Father, we pray that You will watch over us and provide us the wisdom to see clearly so that we may carry-out our duties as members of the chamber. Heavenly Father, we pray that You bless us with strength and courage so that we may uphold the covenant we have every man, woman, and child in Michigan.

We ask that You will give us the clarity to allow us to make laws that are fair and just and that You grant us the wisdom to make decisions that will strengthen and make our nation and our state prosperous.

Now, Heavenly Father, on behalf of my colleagues of the Michigan House of Representatives, we ask for Your divine guidance in our deliberations, and duties. May we perform justly, love with mercy, and walk humbly to the end in which we the people will have a more perfect and happy existence. These things we ask in the name of our Lord and Savior Jesus the true Christ, Amen."

______

Rep. Booher moved that Rep. Garfield be excused from today's session.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, April 13:

House Bill Nos. 4594 4595 4596 4597 4598 4599

House Joint Resolution K

The Clerk announced that the following Senate bill had been received on Tuesday, April 17:

Senate Bill No. 79

Communications from State Officers

The following communications from the Department of Treasury were received and read:

April 16, 2007

Please find attached one copy of the Principal Residence Exemption Compliance Program Quarterly Report for the period January 1, 2007 through March 31, 2007. The report is required by Public Act 345 of 2006, the General Government Appropriations Act. Section 947 of the Act provides, in part, as follows:

(1) Of the $5,856,800.00 included in part 1 for the revenue enhancement program, $5,356,000.00 shall be used for revenue collection enhancement activities including auditing functions.

(3) The $500,000.00 balance of the $5,856,800.00 shall be used for the principal residence exemption compliance program. Along with other program costs, expenditures shall include the development of a statewide web-based database created for the purpose of enforcing the principal residence exemption compliance program. The department shall submit quarterly progress reports that include the number of exemptions denied and the revenue received under this program. The legislative auditor general shall complete a performance audit of the principal residence exemption compliance program prior to April 1, 2007. Revenue generated to the state from the principal residence exemption compliance program shall be used to reimburse the state general fund for the $500,000.00 appropriation prior to any other allocation. Additional funds from the revenue enhancement program and carry-forward appropriations may be used to support costs in excess of $500,000.00.

April 16, 2007

Please find attached one copy of the Personal Property Audit Quarterly Report for the period January 1, 2007 -- March 31, 2007. The report is required by Public Act 345 of 2006, the General Government Appropriations Act. Section 947 of the Act provides, in part, as follows:

(1) Of the $5,856,800.00 included in part 1 for the revenue enhancement program, $5,356,000.00 shall be used for revenue collection enhancement activities including auditing functions.

(2) The department of treasury shall submit quarterly progress reports to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies, regarding personal property tax audits funded under subsection (1). The report shall include the number of audits, revenue generated, and number of complaints received by the department related to the audits.

Sincerely,

Frederick Headen, Director

Bureau of Local Government Services

The communications were referred to the Clerk.

Introduction of Bills

Rep. Hammel introduced

House Bill No. 4600, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 49a.

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

Rep. Hammel introduced

House Bill No. 4601, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," (MCL 38.1301 to 38.1408) by adding section 91a.

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

Reps. Schuitmaker, Condino and Bieda introduced

House Bill No. 4602, entitled

A bill to amend 1988 PA 418, entitled "Uniform statutory rule against perpetuities," by amending the title and sections 1, 2, and 5 (MCL 554.71, 554.72, and 554.75).

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

Rep. Schuitmaker introduced

House Bill No. 4603, entitled

A bill to amend 1949 PA 38, entitled "An act concerning perpetuities and the suspension of the absolute power of alienation with respect to interests in real property, making uniform the law as to real and personal property; and repealing sections 14, 15, 16, 17, 18, 19, 20 and 23 of chapter 62 of the Revised Statutes of 1846, being sections 554.14, 554.15, 554.16, 554.17, 554.18, 554.19, 554.20 and 554.23, respectively, of the Compiled Laws of 1948," by amending section 3 (MCL 554.53), as amended by 1988 PA 417.

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

Reps. Schuitmaker, Condino and Bieda introduced

House Bill No. 4604, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 2702 and 2722 (MCL 700.2702 and 700.2722), section 2702 as amended by 2000 PA 54.

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

Reps. Angerer and Ebli introduced

House Bill No. 4605, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 2004 PA 141.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Appropriations, by Rep. Gillard, Vice-Chair, reported

Senate Bill No. 220, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, the legislative branch, and the judicial branch for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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

Nays: Rep. Vagnozzi

The Committee on Appropriations, by Rep. Gillard, Vice-Chair, reported

Senate Bill No. 221, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 11, 11g, 11j, 22a, 22b, 26b, 31a, 51a, 51c, 65, 81, and 147 (MCL 388.1603, 388.1611, 388.1611g, 388.1611j, 388.1622a, 388.1622b, 388.1626b, 388.1631a, 388.1651a, 388.1651c, 388.1665, 388.1681, and 388.1747), sections 3, 11, 11g, 11j, 22a, 22b, 26b, 31a, 51a, 51c, 81, and 147 as amended and section 65 as added by 2006 PA 342; and to repeal acts and parts of acts.

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

Nays: Rep. Vagnozzi

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2007

Present: Reps. Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, 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. Cushingberry

Excused: Rep. Cushingberry

Second Reading of Bills

Senate Bill No. 220, entitled

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. 220, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Green moved to amend the bill.

The question being on the seconding of the motion made by Rep. Green,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the seconding of the motion made by Rep. Green,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 86 Yeas--43

Acciavatti Emmons Meekhof Proos

Agema Green Meltzer Robertson

Amos Hansen Moolenaar Rocca

Ball Hildenbrand Moss Schuitmaker

Booher Hoogendyk Nitz Shaffer

Brandenburg Horn Opsommer Sheen

Calley Huizenga Palmer Steil

Casperson Knollenberg Palsrok Walker

Caul LaJoy Pastor Ward

DeRoche Law, David Pavlov Wenke

Elsenheimer Marleau Pearce

Nays--66

Accavitti Dean Jones, Rick Polidori

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Gaffney Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Caswell Gonzales Mayes Stahl

Cheeks Griffin McDowell Stakoe

Clack Hammel Meadows Tobocman

Clemente Hammon Meisner Vagnozzi

Condino Hood Melton Valentine

Constan Hopgood Miller Warren

Corriveau Hune Moore Wojno

Coulouris Jackson Nofs Young

Cushingberry Johnson

In The Chair: Sak

The question being on the passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 87 Yeas--49

Acciavatti Hansen Meltzer Proos

Agema Hildenbrand Moolenaar Robertson

Amos Hoogendyk Moore Rocca

Ball Horn Moss Schuitmaker

Booher Huizenga Nitz Shaffer

Brandenburg Hune Nofs Sheen

Calley Jones, Rick Opsommer Stahl

Caswell Knollenberg Palmer Stakoe

Caul LaJoy Palsrok Steil

DeRoche Law, David Pastor Walker

Elsenheimer Marleau Pavlov Ward

Emmons Meekhof Pearce Wenke

Gaffney

Nays--60

Accavitti Coulouris Hopgood Miller

Angerer Cushingberry Jackson Polidori

Bauer Dean Johnson Sak

Bennett Dillon Jones, Robert Scott

Bieda Donigan Lahti Sheltrown

Brown Ebli Law, Kathleen Simpson

Byrnes Espinoza LeBlanc Smith, Alma

Byrum Farrah Leland Smith, Virgil

Casperson Gillard Lemmons Spade

Cheeks Gonzales Lindberg Tobocman

Clack Green Mayes Vagnozzi

Clemente Griffin McDowell Valentine

Condino Hammel Meadows Warren

Constan Hammon Meisner Wojno

Corriveau Hood Melton Young

In The Chair: Sak

Rep. Green, 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:

I voted against SB 220 today because it included a $40 million cut in revenue sharing.

Revenue sharing is absolutely critical to maintaining the essential services the people of this state depend on. I cannot in good conscience vote for a bill that includes such drastic cuts to these services. Such shortfalls would be felt in every police station, firehouse, and public works facility in our State. Michigan has already seen the loss of 1,600 police officers since September 11, 2001. We have already seen firefighters consolidate and close house Wyoming has just one fire station to serve a growing city of over 70,000! If local municipalities cannot afford these services we have broke our promise to the people who sent us to Lansing and I cannot be a part of it.

I recognize the need to balance the budget. While there are merits to SB 220, including many of the proposals found in this bill, I cannot support cuts to revenue sharing. It is a question of priorities and this one is simply too vital to the lives of my constituents."

Second Reading of Bills

Senate Bill No. 221, entitled

The bill was read a second time.

Rep. Walker moved to amend the bill as follows:

1. Amend page 17, line 15, after "TO" by striking out "$34.00" and inserting "$25.00".

2. Amend page 17, line 16, after "MEMBERSHIP" by inserting "FOR A DISTRICT THAT RECEIVES A PAYMENT UNDER SECTION 22C, AND FOR 2006-2007 ONLY, MINUS AN ADDITIONAL AMOUNT EQUALTO $44.00 TIMES THE DISTRICT'S 2006-2007 MEMBERSHIP FOR A DISTRICT THAT DOES NOT RECEIVE A PAYMENT UNDER SECTION 22C." .

The question being on the adoption of the amendments offered by Rep. Walker,

Rep. Walker demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Walker,

Rep. Tobocman moved that consideration of the amendments be postponed temporarily.

The motion prevailed.

Rep. Caswell moved to substitute (H-2) the bill.

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

Rep. Caswell moved to amend the bill as follows:

1. Amend page 3, line 17, by striking out "$11,249,521,200.00" and inserting "$11,247,021,200.00".

2. Amend page 3, line 20, after "of" by striking "68,900,000.00" and inserting "$71,400,000.00" and adjusting enacting section 1 accordingly.

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

The question being on the adoption of the amendments offered previously by Rep. Walker,

The amendments fell.

Rep. Gillard moved to substitute (H-1) the bill.

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

______

Rep. Nitz moved that Rep. Emmons be excused temporarily from today's session.

The motion prevailed.

Rep. Moore moved to amend the bill as follows:

1. Amend page 20, following line 23, by inserting:

"Sec. 22c. From the appropriation in section 11, there is allocated for 2006-2007 an amount not to exceed ~~$20,000,000.00~~ $27,300,000.00 to make equity payments to districts that have a foundation allowance or per pupil payment calculated under section 20, including any adjustment under section 20(19), for 2006-2007 of less than ~~$7,360.00~~ $7,369.00. The equity payment for a district shall be an amount per membership pupil equal to the lesser of ~~$23.00~~ $32.00 or the difference between ~~$7,360.00~~ $7,369.00 and the district's 2006-2007 foundation allowance or per pupil payment as calculated under section 20, including any adjustment under section 20(19).".

2. Amend page 21, following line 8, by inserting:

"Sec. 29. (1) From the appropriation in section 11, there is allocated an amount not to exceed ~~$20,000,000.00~~ $12,700,000.00 for 2006-2007 for additional payments to eligible districts for declining enrollment assistance.

(2) A district is eligible for a payment under this section if all of the following apply:

(a) The district's pupil membership for the current fiscal year is less than the district's pupil membership for the immediately preceding fiscal year and the district's pupil membership for the immediately preceding fiscal year is less than the district's pupil membership for the previously preceding fiscal year as calculated under section 6 for that fiscal year.

(b) The district's average pupil membership is greater than the district's pupil membership for the current fiscal year as calculated under section 6.

(3) Payments to each eligible district shall be equal to the difference between the district's average pupil membership and the district's pupil membership as calculated under section 6 for the current fiscal year multiplied by the district's foundation allowance as calculated under section 20. If the total amount of the payments calculated under this subsection exceeds the allocation for this section, the payment to each district shall be prorated on an equal percentage basis.

(4) For the purposes of this section, "average pupil membership" means the average of the district's membership for the 3-fiscal-year period ending with the current fiscal year, calculated by adding the district's actual membership for each of those 3 fiscal years, as otherwise calculated under section 6, and dividing the sum of those 3 membership figures by 3.".

The question being on the adoption of the amendments offered by Rep. Moore,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Moore,

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

Roll Call No. 88 Yeas--50

Acciavatti Ebli Marleau Proos

Agema Elsenheimer Meekhof Schuitmaker

Amos Green Meltzer Shaffer

Angerer Griffin Moolenaar Sheen

Ball Hansen Moore Simpson

Booher Hildenbrand Moss Stahl

Brandenburg Hoogendyk Nitz Stakoe

Brown Horn Opsommer Steil

Byrum Hune Palmer Valentine

Calley Jones, Rick Palsrok Walker

Caswell Knollenberg Pavlov Ward

Caul Lahti Pearce Wenke

DeRoche LaJoy

Nays--58

Accavitti Dillon Law, David Polidori

Bauer Donigan Law, Kathleen Robertson

Bennett Espinoza LeBlanc Rocca

Bieda Farrah Leland Sak

Byrnes Gaffney Lemmons Scott

Casperson Gillard Lindberg Sheltrown

Cheeks Gonzales Mayes Smith, Alma

Clack Hammel McDowell Smith, Virgil

Clemente Hammon Meadows Spade

Condino Hood Meisner Tobocman

Constan Hopgood Melton Vagnozzi

Corriveau Huizenga Miller Warren

Coulouris Jackson Nofs Wojno

Cushingberry Johnson Pastor Young

Dean Jones, Robert

In The Chair: Sak

Rep. Moolenaar moved to amend the bill as follows:

1. Amend page 3, line 19, after the second "of" by striking out "35,000,000.00" and inserting "$97,400,000.00" and adjusting enacting section 1 accordingly.

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 89 Yeas--103

Accavitti Dean Knollenberg Pavlov

Acciavatti DeRoche Lahti Pearce

Agema Dillon LaJoy Polidori

Amos Donigan Law, David Proos

Angerer Ebli Law, Kathleen Robertson

Ball Elsenheimer LeBlanc Rocca

Bauer Espinoza Lemmons Sak

Bennett Farrah Lindberg Schuitmaker

Bieda Gaffney Marleau Scott

Booher Gillard Mayes Shaffer

Brandenburg Gonzales McDowell Sheen

Brown Green Meadows Sheltrown

Byrnes Griffin Meekhof Simpson

Byrum Hammel Meisner Spade

Calley Hammon Melton Stahl

Casperson Hansen Meltzer Stakoe

Caswell Hildenbrand Miller Steil

Caul Hood Moolenaar Tobocman

Cheeks Hoogendyk Moore Vagnozzi

Clack Hopgood Moss Valentine

Clemente Horn Nitz Walker

Condino Huizenga Nofs Ward

Constan Hune Opsommer Wenke

Corriveau Jackson Palmer Wojno

Coulouris Jones, Rick Palsrok Young

Cushingberry Jones, Robert Pastor

Nays--2

Smith, Alma Smith, Virgil

In The Chair: Sak

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Tobocman moved to reconsider the vote by which the House did not pass Senate Bill No. 220.

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

Senate Bill No. 220, entitled

(The bill was not passed on April 17, see today's Journal, p. 465.)

The question being on the passage of the bill,

Rep. Tobocman moved to substitute (H-1) the bill.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 90 Yeas--57

Accavitti Cushingberry Jackson Miller

Angerer Dean Johnson Polidori

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brown Espinoza LeBlanc Simpson

Byrnes Farrah Leland Smith, Alma

Byrum Gillard Lemmons Smith, Virgil

Cheeks Gonzales Lindberg Spade

Clack Griffin Mayes Tobocman

Clemente Hammel McDowell Vagnozzi

Condino Hammon Meadows Valentine

Constan Hood Meisner Wojno

Corriveau Hopgood Melton Young

Coulouris

Nays--51

Acciavatti Green Meltzer Robertson

Agema Hansen Moolenaar Rocca

Amos Hildenbrand Moore Schuitmaker

Ball Hoogendyk Moss Shaffer

Booher Horn Nitz Sheen

Brandenburg Huizenga Nofs Stahl

Calley Hune Opsommer Stakoe

Casperson Jones, Rick Palmer Steil

Caswell Knollenberg Palsrok Walker

Caul LaJoy Pastor Ward

DeRoche Law, David Pavlov Warren

Elsenheimer Marleau Pearce Wenke

Gaffney Meekhof Proos

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.

______

Rep. Agema, 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:

I could vote for this bill except it is a stunt to raise taxes by a tie bar. This bill in it's original form was passed nearly unanimously in Approps this morning- this doesn't even resemble the original. This is a good example of true partisan politics. This is not good government policy."

Rep. Hoogendyk, 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:

I could have voted for these painful cuts to get this state's budget in order, but I could not support the political stunt that was pulled by leadership to substitute the bill and then tie-bar it to a large business tax increase. Tax increases should be voted on their own merits."

Rep. Warren, 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:

Thank you for this opportunity to explain why I am voting against these proposed budget cuts.

While I was on the campaign trail running for office this summer, I would inevitably get asked the question that I am sure many, if not all of you, have had to answer: why?, why would you want to run for office when our economy is so bad and Michigan is confronting so many challenges? For me the answer was clear. I ran for State Representative because I feel that although we are in an unprecedented budget crisis, we are also facing an incredible opportunity to create long-term reform that will invest in the extremely talented people of Michigan and move our state forward.

It is no secret that these are tough times. Our citizens are scared and they are frustrated. They are looking to us for a plan, and most importantly, they are looking to us for hope. I do not believe that these cuts represent that hope, but rather an admission of defeat, a concession that we cannot recover and grow stronger from this crisis.

Like many of you, I fought hard to stand here today as a State Representative for the good people of this state and I did so with the promise that I would fight just as hard when I got here - for education, for health care, for local government and critical public services, and for the programs that make Michigan a unique and great place to live. That is why I cannot, in good conscious, vote today to cut these programs and in essence pass the buck to our local elected officials, our school personnel, our public servants, and our citizens. That is why I cannot vote today to concede and to move our state backward.

I understand that this vote is but one of many that we will take on the budget, that it is just one part of the negotiating process that will continue to take place as we work through this crisis. As we stand here today taking this vote, however, I believe that we must be mindful that we are already forcing citizens to live without heating assistance during an usually cold Michigan April because we have exhausted the utility assistance fund, and that we are already forcing schools to increase class sizes and cut vital programs due to possibility of the reduction in state aid.

I am not interested in playing politics with our citizens' quality of life, nor will I stand idly by as Michigan enters a race to the bottom. It is time for a comprehensive plan that raises revenue for the programs that invest in our children and protect our most vulnerable citizens.

Ultimately, as State Representatives I believe that it is our responsibility to take our charge seriously and to lead in times of crisis, to take the hard votes when the choices are not easy and to stand up for the people who cannot. It is not a duty that can be shirked in times of trouble for it is how we handle these challenges that truly define us, as leaders and as a state; not just for tomorrow's five o'clock news or the next election cycle, but for the generations after us who must live with the decisions we make today and in the days ahead.

Ladies and Gentlemen, Michigan is waiting."

Rep. Tobocman moved that Senate Bill No. 221 be placed on its immediate passage.

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

Senate Bill No. 221, entitled

The bill was read a third time.

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 91 Yeas--90

Accavitti Cushingberry Lahti Polidori

Acciavatti Dean LaJoy Proos

Amos Dillon Law, David Rocca

Angerer Donigan Law, Kathleen Sak

Ball Ebli LeBlanc Schuitmaker

Bauer Espinoza Leland Scott

Bennett Farrah Lemmons Shaffer

Bieda Gaffney Lindberg Sheltrown

Brandenburg Gillard Marleau Simpson

Brown Gonzales Mayes Smith, Alma

Byrnes Griffin McDowell Smith, Virgil

Byrum Hammel Meadows Spade

Calley Hammon Meekhof Stakoe

Casperson Hildenbrand Meisner Steil

Caswell Hood Melton Tobocman

Caul Hopgood Meltzer Vagnozzi

Cheeks Horn Miller Valentine

Clack Huizenga Nitz Ward

Clemente Hune Nofs Warren

Condino Jackson Opsommer Wenke

Constan Johnson Palmer Wojno

Corriveau Jones, Rick Pavlov Young

Coulouris Jones, Robert

Nays--17

Agema Hoogendyk Moss Robertson

Booher Knollenberg Palsrok Sheen

Elsenheimer Moolenaar Pastor Stahl

Green Moore Pearce Walker

Hansen

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 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 3, 11, 11g, 11j, 17b, 22a, 22b, 26b, 31a, 51a, 51c, 65, 81, and 147 (MCL 388.1603, 388.1611, 388.1611g, 388.1611j, 388.1617b, 388.1622a, 388.1622b, 388.1626b, 388.1631a, 388.1651a, 388.1651c, 388.1665, 388.1681, and 388.1747), sections 3, 11, 11g, 11j, 17b, 22a, 22b, 26b, 31a, 51a, 51c, 81, and 147 as amended and section 65 as added by 2006 PA 342; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Agema, 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:

This is another example of changing the original intent of the bill. It fixes only half the problem that the Senate bill solved. This was a stunt."

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:

I will not vote for SB 221 because the Democratic House would not give an explanation of their amendments and substitute, even after it was properly requested according to House rules. I will not vote for a bill unless I know what I am voting for."

Rep. Hoogendyk, 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:

This is unconscionable. We waited three hours for a vote on SB221, then the Democrat leadership offered a substitute and opened the board for a vote. The substitute language was not available to read or review until AFTER the board was open for a vote. This was a bill with $85 million in cuts. We had NO TIME to review the bill and cast a responsible vote. I probably would have voted YES, but could not possible evaluate the entire bill in 3 minutes."

Rep. Elsenheimer, 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 find ourselves in the extraordinary position of having to vote on a bill which we had not read, and which creates a 60+ million hole in the budget without discussion of how that shortfall would be funded. I vote no based on the majority's poor process, shameful lack of information and disrespect for the minority. The bills being moved today by the majority must truly be poor if they are being adopted under a shroud of darkness."

Rep. Stahl, 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:

I cannot for something in which explanation was denied and normal parliamentary process was circumvented. Also for cutting school building maps the day after the tragedy in Virginia."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Transportation be discharged from further consideration of House Resolution No. 56.

(For first notice see House Journal No. 34, p. 458.)

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

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

The resolution was placed on the order of Reports of Standing Committees.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 56.

A resolution to express opposition to Norfolk Southern Corporation's proposed sale of its rail lines from Ypsilanti to Kalamazoo and Grand Rapids to Kalamazoo and continuing to the Indiana border.

(For text of resolution, see House Journal No. 31, p. 410.)

(The resolution was discharged from the Committee on Transportation on April 17.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4185, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20161 (MCL 333.20161), as amended by 2005 PA 187.

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

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

Rep. Cushingberry moved to substitute (H-2) the bill.

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

Rep. Cushingberry 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. 4185, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20161 (MCL 333.20161), as amended by 2005 PA 187.

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

Roll Call No. 92 Yeas--59

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Sak

Bauer Dillon Jones, Robert Scott

Bennett Donigan Lahti Sheltrown

Bieda Ebli Law, Kathleen Simpson

Brown Espinoza LeBlanc Smith, Alma

Byrnes Farrah Leland Smith, Virgil

Byrum Gaffney Lemmons Spade

Cheeks Gillard Lindberg Tobocman

Clack Gonzales Mayes Vagnozzi

Clemente Griffin McDowell Valentine

Condino Hammel Meadows Warren

Constan Hammon Meisner Wojno

Corriveau Hood Melton Young

Coulouris Hopgood Miller

Nays--48

Acciavatti Hansen Meltzer Proos

Agema Hildenbrand Moolenaar Robertson

Amos Hoogendyk Moore Rocca

Ball Horn Moss Schuitmaker

Booher Huizenga Nitz Shaffer

Brandenburg Hune Nofs Sheen

Calley Jones, Rick Opsommer Stahl

Casperson Knollenberg Palmer Stakoe

Caswell LaJoy Palsrok Steil

Caul Law, David Pastor Walker

Elsenheimer Marleau Pavlov Ward

Green Meekhof Pearce Wenke

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 1978 PA 368, entitled "Public health code," by amending section 20161 (MCL 333.20161), as amended by 2007 PA 5.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 4512, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 38 (MCL 38.38), as amended by 2002 PA 93.

The bill was read a second time.

Rep. Gonzales 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. 4512, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 38 (MCL 38.38), as amended by 2002 PA 93.

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

Roll Call No. 93 Yeas--80

Accavitti Cushingberry Jackson Pavlov

Acciavatti Dean Johnson Polidori

Angerer Dillon Jones, Robert Proos

Bauer Donigan Lahti Rocca

Bennett Ebli LaJoy Sak

Bieda Elsenheimer Law, David Schuitmaker

Booher Espinoza Law, Kathleen Scott

Brown Farrah LeBlanc Shaffer

Byrnes Gaffney Leland Sheltrown

Byrum Gillard Lemmons Simpson

Calley Gonzales Lindberg Smith, Alma

Casperson Green Mayes Smith, Virgil

Caswell Griffin McDowell Spade

Cheeks Hammel Meadows Tobocman

Clack Hammon Meisner Vagnozzi

Clemente Hansen Melton Valentine

Condino Hildenbrand Meltzer Ward

Constan Hood Miller Warren

Corriveau Hopgood Nofs Wojno

Coulouris Horn Palsrok Young

Nays--28

Agema Huizenga Moore Robertson

Amos Hune Moss Sheen

Ball Jones, Rick Nitz Stahl

Brandenburg Knollenberg Opsommer Stakoe

Caul Marleau Palmer Steil

DeRoche Meekhof Pastor Walker

Hoogendyk Moolenaar Pearce Wenke

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. 4530, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 4, 41, and 41a (MCL 38.1304, 38.1341, and 38.1341a), section 4 as amended by 2003 PA 17, section 41 as amended by 2002 PA 94, and section 41a as amended by 1996 PA 488.

The bill was read a second time.

Rep. Gonzales 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. 4530, entitled

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

Roll Call No. 94 Yeas--107

Accavitti DeRoche Lahti Pearce

Acciavatti Dillon LaJoy Polidori

Agema Donigan Law, David Proos

Amos Ebli Law, Kathleen Robertson

Angerer Elsenheimer LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Alma

Byrum Hammon Meisner Smith, Virgil

Calley Hansen Melton Spade

Casperson Hildenbrand Meltzer Stahl

Caswell Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Cheeks Hopgood Moore Tobocman

Clack Horn Moss Vagnozzi

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Warren

Coulouris Jones, Rick Palsrok Wojno

Cushingberry Jones, Robert Pastor Young

Dean Knollenberg Pavlov

Nays--1

Wenke

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. 4375, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.

The bill was read a second time.

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

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

Rep. Sheen moved to substitute (H-1) the bill.

The question being on the adoption of the substitute (H-1) offered by Rep. Sheen,

Rep. Ward demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-1) offered by Rep. Sheen,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 95 Yeas--51

Acciavatti Green Meekhof Proos

Agema Hansen Meltzer Robertson

Amos Hildenbrand Moolenaar Rocca

Ball Hoogendyk Moore Schuitmaker

Booher Hopgood Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Gaffney Marleau Pearce

Nays--57

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Jackson Miller Young

Coulouris

In The Chair: Sak

Rep. Condino 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. 4375, entitled

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

Roll Call No. 96 Yeas--59

Accavitti Cushingberry Jones, Robert Sak

Angerer Dean Lahti Scott

Bauer Dillon Law, Kathleen Sheltrown

Bennett Donigan LeBlanc Simpson

Bieda Ebli Leland Smith, Alma

Brown Espinoza Lemmons Smith, Virgil

Byrnes Farrah Lindberg Spade

Byrum Gillard Mayes Tobocman

Cheeks Gonzales McDowell Vagnozzi

Clack Hammel Meadows Valentine

Clemente Hammon Meisner Warren

Condino Hood Melton Wenke

Constan Hopgood Miller Wojno

Corriveau Jackson Pavlov Young

Coulouris Johnson Polidori

Nays--49

Acciavatti Green Marleau Pearce

Agema Griffin Meekhof Proos

Amos Hansen Meltzer Robertson

Ball Hildenbrand Moolenaar Rocca

Booher Hoogendyk Moore Schuitmaker

Brandenburg Horn Moss Shaffer

Calley Huizenga Nitz Sheen

Casperson Hune Nofs Stahl

Caswell Jones, Rick Opsommer Stakoe

Caul Knollenberg Palmer Steil

DeRoche LaJoy Palsrok Walker

Elsenheimer Law, David Pastor Ward

Gaffney

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. 4376, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section 7ll.

The bill was read a second time.

Rep. Condino 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. Sheen moved to substitute (H-1) the bill.

The question being on the adoption of the substitute (H-1) offered by Rep. Sheen,

Rep. Ward demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-1) offered by Rep. Sheen,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 97 Yeas--50

Acciavatti Green Meltzer Proos

Agema Hansen Moolenaar Robertson

Amos Hildenbrand Moore Rocca

Ball Hoogendyk Moss Schuitmaker

Booher Horn Nitz Shaffer

Brandenburg Huizenga Nofs Sheen

Calley Hune Opsommer Stahl

Casperson Jones, Rick Palmer Stakoe

Caswell Knollenberg Palsrok Steil

Caul LaJoy Pastor Walker

DeRoche Law, David Pavlov Ward

Elsenheimer Marleau Pearce Wenke

Gaffney Meekhof

Nays--58

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson

In The Chair: Sak

Rep. Sheen moved to substitute (H-2) the bill.

The question being on the adoption of the substitute (H-2) offered by Rep. Sheen,

Rep. Ward demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-2) offered by Rep. Sheen,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 98 Yeas--49

Acciavatti Green Meekhof Pearce

Agema Hansen Meltzer Proos

Amos Hildenbrand Moolenaar Robertson

Ball Hoogendyk Moore Rocca

Booher Horn Moss Schuitmaker

Brandenburg Huizenga Nitz Shaffer

Calley Hune Nofs Sheen

Casperson Jones, Rick Opsommer Stahl

Caswell Knollenberg Palmer Stakoe

Caul LaJoy Palsrok Steil

DeRoche Law, David Pastor Walker

Elsenheimer Marleau Pavlov Ward

Gaffney

Nays--59

Accavitti Cushingberry Johnson Sak

Angerer Dean Jones, Robert Scott

Bauer Dillon Lahti Sheltrown

Bennett Donigan Law, Kathleen Simpson

Bieda Ebli LeBlanc Smith, Alma

Brown Espinoza Leland Smith, Virgil

Byrnes Farrah Lemmons Spade

Byrum Gillard Lindberg Tobocman

Cheeks Gonzales Mayes Vagnozzi

Clack Griffin McDowell Valentine

Clemente Hammel Meadows Warren

Condino Hammon Meisner Wenke

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson Polidori

In The Chair: Sak

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. 4376, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section 7ll.

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--59

Accavitti Cushingberry Johnson Sak

Angerer Dean Jones, Robert Scott

Bauer Dillon Lahti Sheltrown

Bennett Donigan Law, Kathleen Simpson

Bieda Ebli LeBlanc Smith, Alma

Brown Espinoza Leland Smith, Virgil

Byrnes Farrah Lemmons Spade

Byrum Gaffney Lindberg Tobocman

Cheeks Gillard Mayes Vagnozzi

Clack Gonzales McDowell Valentine

Clemente Hammel Meadows Warren

Condino Hammon Meisner Wenke

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson Polidori

Nays--49

Acciavatti Griffin Meekhof Pearce

Agema Hansen Meltzer Proos

Amos Hildenbrand Moolenaar Robertson

Ball Hoogendyk Moore Rocca

Booher Horn Moss Schuitmaker

Brandenburg Huizenga Nitz Shaffer

Calley Hune Nofs Sheen

Casperson Jones, Rick Opsommer Stahl

Caswell Knollenberg Palmer Stakoe

Caul LaJoy Palsrok Steil

DeRoche Law, David Pastor Walker

Elsenheimer Marleau Pavlov Ward

Green

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. 4374, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 2004 PA 173.

The bill was read a second time.

Rep. Sheltrown 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. 4374, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 2004 PA 173.

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--107

Accavitti DeRoche Lahti Pearce

Acciavatti Dillon LaJoy Polidori

Agema Donigan Law, David Proos

Amos Ebli Law, Kathleen Robertson

Angerer Elsenheimer LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Gillard Marleau Shaffer

Booher Gonzales Mayes Sheen

Brandenburg Green McDowell Sheltrown

Brown Griffin Meadows Simpson

Byrnes Hammel Meekhof Smith, Virgil

Byrum Hammon Meisner Spade

Calley Hansen Melton Stahl

Casperson Hildenbrand Meltzer Stakoe

Caswell Hood Miller Steil

Caul Hoogendyk Moolenaar Tobocman

Cheeks Hopgood Moore Vagnozzi

Clack Horn Moss Valentine

Clemente Huizenga Nitz Walker

Condino Hune Nofs Ward

Constan Jackson Opsommer Warren

Corriveau Johnson Palmer Wenke

Coulouris Jones, Rick Palsrok Wojno

Cushingberry Jones, Robert Pastor Young

Dean Knollenberg Pavlov

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. 4385, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 3, 4, 19, and 24 (MCL 205.3, 205.4, 205.19, and 205.24), section 3 as amended by 2006 PA 615, sections 4 and 19 as amended by 2002 PA 657, and section 24 as amended by 2003 PA 201.

The bill was read a second time.

Rep. Bennett 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. 4385, entitled

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--60

Accavitti Coulouris Jackson Polidori

Angerer Cushingberry Johnson Sak

Bauer Dean Jones, Robert Scott

Bennett Dillon Lahti Sheltrown

Bieda Donigan Law, Kathleen Simpson

Brown Ebli LeBlanc Smith, Alma

Byrnes Espinoza Leland Smith, Virgil

Byrum Farrah Lemmons Spade

Calley Gillard Lindberg Tobocman

Cheeks Gonzales Mayes Vagnozzi

Clack Griffin McDowell Valentine

Clemente Hammel Meadows Warren

Condino Hammon Meisner Wenke

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Nays--48

Acciavatti Green Meekhof Pearce

Agema Hansen Meltzer Proos

Amos Hildenbrand Moolenaar Robertson

Ball Hoogendyk Moore Rocca

Booher Horn Moss Schuitmaker

Brandenburg Huizenga Nitz Shaffer

Casperson Hune Nofs Sheen

Caswell Jones, Rick Opsommer Stahl

Caul Knollenberg Palmer Stakoe

DeRoche LaJoy Palsrok Steil

Elsenheimer Law, David Pastor Walker

Gaffney Marleau Pavlov Ward

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. 4386, entitled

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. 4386, entitled

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--60

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Sak

Bauer Dillon Jones, Robert Scott

Bennett Donigan Lahti Sheltrown

Bieda Ebli Law, Kathleen Simpson

Brown Espinoza LeBlanc Smith, Alma

Byrnes Farrah Leland Smith, Virgil

Byrum Gaffney Lemmons Spade

Cheeks Gillard Lindberg Tobocman

Clack Gonzales Mayes Vagnozzi

Clemente Griffin McDowell Valentine

Condino Hammel Meadows Warren

Constan Hammon Meisner Wenke

Corriveau Hood Melton Wojno

Coulouris Hopgood Miller Young

Nays--48

Acciavatti Green Meekhof Pearce

Agema Hansen Meltzer Proos

Amos Hildenbrand Moolenaar Robertson

Ball Hoogendyk Moore Rocca

Booher Horn Moss Schuitmaker

Brandenburg Huizenga Nitz Shaffer

Calley Hune Nofs Sheen

Casperson Jones, Rick Opsommer Stahl

Caswell Knollenberg Palmer Stakoe

Caul LaJoy Palsrok Steil

DeRoche Law, David Pastor Walker

Elsenheimer Marleau Pavlov Ward

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.

______

Rep. Agema, 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:

Unconstitutional to charge taxes to businesses that have no physical presence."

Second Reading of Bills

House Bill No. 4387, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 36 (MCL 206.36).

The bill was read a second time.

Rep. Miller 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. 4387, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 36 (MCL 206.36).

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--57

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Hammel McDowell Vagnozzi

Clemente Hammon Meadows Valentine

Condino Hood Meisner Warren

Constan Hopgood Melton Wojno

Corriveau Jackson Miller Young

Coulouris

Nays--51

Acciavatti Green Meekhof Proos

Agema Griffin Meltzer Robertson

Amos Hansen Moolenaar Rocca

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Gaffney Marleau Pearce

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. 4388, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2005 PA 214.

The bill was read a second time.

Rep. Miller 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. 4388, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2005 PA 214.

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--57

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Hammel McDowell Vagnozzi

Clemente Hammon Meadows Valentine

Condino Hood Meisner Warren

Constan Hopgood Melton Wojno

Corriveau Jackson Miller Young

Coulouris

Nays--51

Acciavatti Green Meekhof Proos

Agema Griffin Meltzer Robertson

Amos Hansen Moolenaar Rocca

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Gaffney Marleau Pearce

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. 4271, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 2003 PA 114, and by adding section 3b.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Bieda moved to substitute (H-2) the bill.

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

Rep. Bieda 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. 4271, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 2003 PA 114, and by adding section 3b.

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

Roll Call No. 105 Yeas--64

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Rick Rocca

Ball Dillon Jones, Robert Sak

Bauer Donigan Law, Kathleen Scott

Bennett Ebli LeBlanc Sheltrown

Bieda Espinoza Leland Simpson

Brown Farrah Lemmons Smith, Alma

Byrum Gaffney Lindberg Smith, Virgil

Calley Gillard Mayes Spade

Cheeks Gonzales McDowell Tobocman

Clack Griffin Meadows Vagnozzi

Clemente Hammel Meisner Valentine

Condino Hammon Melton Warren

Constan Hood Miller Wenke

Corriveau Hopgood Moore Wojno

Coulouris Horn Palsrok Young

Nays--44

Acciavatti Green Marleau Pearce

Agema Hansen Meekhof Proos

Amos Hildenbrand Meltzer Robertson

Booher Hoogendyk Moolenaar Schuitmaker

Brandenburg Huizenga Moss Shaffer

Byrnes Hune Nitz Sheen

Casperson Jackson Nofs Stahl

Caswell Knollenberg Opsommer Stakoe

Caul Lahti Palmer Steil

DeRoche LaJoy Pastor Walker

Elsenheimer Law, David Pavlov Ward

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.

______

Rep. Agema, 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:

This bill assumes the treasury never makes a mistake. This is not a communist country and it hurts innocent people."

Rep. Hildenbrand, 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:

I voted no on HB4271 because it requires the State to hire an additional employee to administer this new program. We are in a fiscal crisis and should have a freeze on any new hiring. This is an additional $250,000 cost to the State."

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Gonzales, Ball, Bieda, Constan, Cushingberry, Dean, Elsenheimer, Espinoza, Farrah, Green, Hammel, Hammon, Hansen, Hopgood, Johnson, Rick Jones, Robert Jones, LeBlanc, Lemmons, Marleau, Mayes, McDowell, Nitz, Pastor, Polidori, Proos, Sak, Sheltrown, Alma Smith, Spade, Stakoe, Tobocman, Vagnozzi, Valentine and Wojno offered the following resolution:

House Resolution No. 62.

A resolution recognizing and congratulating the 2007 Mott Community College (MCC) men's basketball team for winning the NJCAA Division II National Championship.

Whereas, It is a great privilege and honor to join with family and friends, Mott Community College, Genesee County, and the state of Michigan as we celebrate the outstanding achievement and amazing win of the Mott Community College men's basketball team; and

Whereas, Much to the delight of their loyal fans, the MCC Bears, under the leadership of Coach Steve Schmidt, have earned the respect of college sports followers through their talent, teamwork, and determination with a 75-61 win in the NJCAA Division II National Championship; and

Whereas, It is the second national championship for the Mott Bears in the last five years. The Bears won its first nationalchampionship in 2003 and was runner-up in 2001 and 2004. Mott Community College is home to the only junior college basketball program in the country to have played in four title games; and

Whereas, Winning titles and compiling outstanding seasons is never a matter of chance, it is something that is earned through hard work. All teams show their true abilities and dedication over a long season, but what distinguishes the best, is the effort that appears in practice, far removed from the excitement of game day; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize and congratulate the 2007 Mott Community College men's basketball team and Coach Steve Schmidt on winning the NJCAA Division II National Championship. We admire the determination, dedication, team spirit, and hard work of these talented young people. This group of student-athletes has generated great pride throughout our state.

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.

Reps. Cushingberry, Jackson, Bieda, Brandenburg, Constan, Dean, Espinoza, Farrah, Gonzales, Hammel, Johnson, Robert Jones, LeBlanc, Lemmons, Mayes, Sheltrown, Alma Smith, Tobocman, Vagnozzi and Wojno offered the following resolution:

House Resolution No. 63.

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

Whereas, With casualties running in the hundreds of thousands and millions displaced, the humanitarian crisis in the Darfur region of the Sudan has defied solution for many years. The heartbreaking atrocities being carried out by the Sudanese government and the Janjaweed militia, which were acknowledged to be genocide by the Bush administration in 2004, clearly cannot be brought to a halt by diplomatic means or by the weight of criticism from around the world; and

Whereas, With each report of tribal massacre, rape, and unspeakable cruelty, the need for effective action grows. Many are reminded of the pressures that were brought to bear upon the South African system of apartheid a generation ago by a rising tide of economic sanctions from the United States and other countries; and

Whereas, It is long past time for the United States to put in place formal measures to halt the flow of American dollars to any entity or business that works with the Sudanese government in any capacity other than those that are purely humanitarian or peacekeeping in nature. Government contracts and pension funds must not be going to businesses or entities operating in the Sudan. American businesses dealing with the Sudanese government should disclose their actions. It is a moral imperative that we must make every possible effort to stop the atrocities so that a long-term solution to the region's problems can be found; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to prohibit federal funds from going to any business or entity that works with the Sudanese government in any capacity other than solely humanitarian or peacekeeping efforts; and be it further

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

The resolution was referred to the Committee on Government Operations.

Reps. Mayes, Bieda, Byrum, Constan, Cushingberry, Dean, Espinoza, Farrah, Gonzales, Green, Hammel, Hopgood, Johnson, Robert Jones, LeBlanc, Lemmons, McDowell, Polidori, Proos, Sak, Shaffer, Sheltrown, Spade, Tobocman, Vagnozzi and Wojno offered the following resolution:

House Resolution No. 64.

A resolution to memorialize the Congress of the United States to take action to investigate and provide remedies for those injured by the recent contamination of pet food and deaths of family pets.

Whereas, On March 16, 2007, Menu Foods announced a precautionary recall of cat and dog food it manufactured between December 3, 2006, and March 6, 2007. Over 60 million containers of dog and cat food were recalled under nearly 100 brands. The recall was prompted by consumer complaints received by the manufacturer and reported instances of cats and dogs developing kidney failure after eating the affected product; and

Whereas, Reports suggest hundreds of family pets have died after eating the contaminated food. The United States Foodand Drug Administration has received more than 8,000 complaints and Menu Foods has received over 300,000 complaints; and

Whereas, This incident has far-reaching financial and emotional impacts on pet owners in Michigan and all of the United States. Pet food manufacturers and suppliers must take responsibility to inform and assist consumers quickly when a tragedy such as this one occurs. Immediate action to determine the cause and remedy the situation is necessary. Aggressive research and reporting are imperative to prevent future mishaps; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to actively investigate fully on the terrible deaths of family pets due to contaminated pet foods; and be it further

Resolved, That we memorialize the Congress of the United States to ensure that pet food manufacturers and suppliers be held civilly liable; and be it further

The resolution was referred to the Committee on Agriculture.

Reps. Angerer, Ball, Bieda, Booher, Byrum, Caswell, Constan, Cushingberry, Dean, Elsenheimer, Espinoza, Farrah, Gonzales, Hammel, Hammon, Hopgood, Johnson, Robert Jones, LeBlanc, Lemmons, Mayes, McDowell, Nitz, Palmer, Polidori, Proos, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi, Valentine and Wojno offered the following resolution:

House Resolution No. 65.

A resolution commemorating the week of July 15 21, 2007, as Agricultural Extension Agent Recognition Week in the state of Michigan.

Whereas, Agricultural production is Michigan's second leading industry, contributing more than $37 billion to Michigan's economy; and

Whereas, Michigan is the second most agriculturally diverse state in the country; and

Whereas, There are Agricultural Extension Agents in all 83 Michigan counties who contribute substantially to the growth and success of the agricultural industry in the state of Michigan; and

Whereas, More than 1,600 agents from 46 states are expected to participate in the National Association of County Agricultural Agents' (NACAA) annual conference in Grand Rapids during the third week of July; and

Whereas, The Grand Rapids Convention and Tourism Bureau estimates the direct economic impact of the NACAA conference is over $2.4 million; and

Whereas, The last time the state of Michigan hosted the NACAA annual conference was in 1955, more than two full years prior to opening of the Mackinac Bridge; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the week of July15 21, 2007, as Agricultural Extension Agent Recognition Week in the state of Michigan. It is with a deep sense of gratitude that we acknowledge the selfless and devoted public service that Agricultural Extension Agents provide not just to farmers, but to all Michigan's residents and our economy; and be it further

Resolved, That a copy of this resolution be transmitted to each member of the Michigan Association of Extension Agents Executive Committee.

The resolution was referred to the Committee on Agriculture.

Reps. Hoogendyk, Booher, Brandenburg, Caswell, Dean, Elsenheimer, Espinoza, Rick Jones, LeBlanc, Marleau, Nitz, Pastor, Shaffer and Stakoe offered the following resolution:

House Resolution No. 66.

A resolution to memorialize the United States Congress to enact a congressional pardon for border patrol agents Ignacio Ramos and Jose Compean.

Whereas, Border patrol agents Ramos and Compean were convicted and sentenced for the pursuit and shooting of drug smuggler Osvaldo Aldrete-Davila. Mr. Aldrete-Davila had been fleeing at the time, and the border patrol agents believed Mr. Aldrete-Davila had a firearm in his hand, and so the agents fired in self-defense; and

Whereas, Mr. Aldrete-Davila is a well known drug smuggler who at the time of the shooting was trying to smuggle over 700 pounds of marijuana into the United States. Mr. Aldrete-Davila was given immunity by the United States government to testify against the border patrol agents. After the conviction of the agents, evidence has come to light that Mr. Aldrete-Davila has continued to smuggle drugs into this country even after the shooting; and

Whereas, Our border patrol agents risk their lives on a daily basis protecting the United States borders from various criminals, including drug dealers and potential terrorists. The job of a border patrol agent is chaotic and dangerous at times. Our border patrol agents should be given the benefit of the doubt and should be protected from aggressive prosecution. It is a grave injustice to have prosecuted agents Ramos and Compean for this shooting and is a disservice to those border patrol agents who risk their lives on the front lines protecting our borders; and

Whereas, H.R. 563 is federal legislation that would enact a congressional pardon for agents Ramos and Compean and would encourage the Department of Homeland Security to review the rules of engagement presently used by the United States Border Patrol; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to enact a congressional pardon for border patrol agents Ignacio Ramos and Jose Compean; and be it further

The resolution was referred to the Committee on Oversight and Investigations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Meadows offered the following concurrent resolution:

House Concurrent Resolution No. 19.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Michigan State University relative to the Michigan State University Chemistry Building Renovations/Cooling Towers.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Michigan State University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Michigan State University Chemistry Building Renovations/Cooling Towers (the "Facility") is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Michigan State University Chemistry Building Renovations/Cooling Towers shall not exceed $28,344,500 (the Authority share is $19,999,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $8,344,500), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $19,999,800, plus interest charges on monies advanced by the State to meet the constructioncash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,345,000 and $1,759,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Michigan State University, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

Reports of Standing Committees

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

House Bill No. 4591, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1538 and 1539 (MCL 380.1538 and 380.1539), section 1538 as added by 1988 PA 339 and section 1539 as amended by 2004 PA 76, and by adding section 1538a.

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. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Lindberg, Meisner, Miller, Polidori and Scott

Nays: Reps. Moolenaar, Emmons, Hoogendyk, Pearce, Knollenberg and Opsommer

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 12, 2007

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

Absent: Reps. Hopgood and Hildenbrand

Excused: Reps. Hopgood and Hildenbrand

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

House Bill No. 4580, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 75 (MCL 38.1075), as amended by 1998 PA 501.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 19, by striking out "(D)" and inserting "(iv)".

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Wojno, Kathleen Law, Condino, Polidori, Young and Hoogendyk

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2007

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

Absent: Reps. Constan, Hune and David Law

Excused: Reps. Constan, Hune and David Law

The Committee on Banking and Financial Services, by Rep. Coulouris, Chair, reported

Senate Bill No. 290, entitled

A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 2 (MCL 493.52), as amended by 1997 PA 91.

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. Coulouris, Johnson, Clemente, Virgil Smith, Moore, Robertson and Calley

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Tuesday, April 17, 2007

Present: Reps. Coulouris, Johnson, Clemente, Virgil Smith, Moore, Robertson and Calley

Absent: Reps. Mayes and Green

Excused: Reps. Mayes and Green

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2007

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

Absent: Rep. Corriveau

Excused: Rep. Corriveau

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2007

Present: Reps. Meisner, Robert Jones, Clemente, Coulouris, Griffin, Johnson, Sheltrown, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe and Knollenberg

Absent: Reps. Accavitti, Byrum, Dean, Simpson, Rick Jones and Meltzer

Excused: Reps. Accavitti, Byrum, Dean, Simpson, Rick Jones and Meltzer

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2007

Present: Reps. Miller, Meadows, Bieda, Constan, Farrah, Hopgood, Lindberg, Wenke, LaJoy, Steil and Rick Jones

Messages from the Senate

Senate Bill No. 79, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 223 (MCL 257.223).

The Senate has passed the bill.

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

Second Reading of Bills

House Bill No. 4383, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a and 4 (MCL 205.93a and 205.94), as amended by 2004 PA 172.

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

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

Rep. Melton 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. 4383, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a and 4 (MCL 205.93a and 205.94), as amended by 2004 PA 172.

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

Roll Call No. 106 Yeas--58

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson

Nays--51

Acciavatti Gaffney Meekhof Proos

Agema Green Meltzer Robertson

Amos Hansen Moolenaar Rocca

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Emmons Marleau Pearce

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 1937 PA 94, entitled "Use tax act," by amending section 3a (MCL 205.93a), as amended by 2004 PA 172.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

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

Rep. Tobocman moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4384.

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

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

House Bill No. 4384, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2006 PA 550; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Bieda moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) 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. 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. 4384, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2006 PA 550; 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. 107 Yeas--57

Accavitti Dean Johnson Polidori

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Gillard Lemmons Smith, Virgil

Cheeks Gonzales Lindberg Spade

Clack Griffin Mayes Tobocman

Clemente Hammel McDowell Vagnozzi

Condino Hammon Meadows Valentine

Constan Hood Meisner Warren

Corriveau Hopgood Melton Wojno

Coulouris Jackson Miller Young

Cushingberry

Nays--52

Acciavatti Emmons Marleau Pearce

Agema Gaffney Meekhof Proos

Amos Green Meltzer Robertson

Ball Hansen Moolenaar Rocca

Booher Hildenbrand Moore Schuitmaker

Brandenburg Hoogendyk Moss Shaffer

Byrum Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

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 1893 PA 206, entitled "The general property tax act," by amending sections 8c and 9 (MCL 211.8c and 211.9), section 8c as added by 1998 PA 537 and section 9 as amended by 2006 PA 550; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that Rule 42 be suspended.

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

Rep. Tobocman moved that the Committee on Great Lakes and Environment be discharged from further consideration of House Bill No. 4221.

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

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

House Bill No. 4221, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 11532a and 11532b.

The bill was read a second time.

Rep. Kathleen Law moved to substitute (H-1) the bill.

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

Rep. Griffin moved to amend the bill as follows:

1. Amend page 1, line 3, after "LANDFILL" by striking out the balance of the line through "INCINERATOR" on line 4.

2. Amend page 1, line 5, after "LANDFILL" by striking out the balance of the subsection and inserting a period.

3. Amend page 1, line 8, after "LANDFILL" by striking out the balance of the line through "INCINERATOR" on line 9.

4. Amend page 2, line 4, after "LANDFILL" by striking out the balance of the line through "INCINERATOR" on line 5.

The motion prevailed and the amendments were adopted, a majority of the members serving 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. 4221, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 11532a and 11532b.

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

Roll Call No. 108 Yeas--56

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Gillard Lemmons Smith, Virgil

Byrum Gonzales Lindberg Spade

Cheeks Griffin Mayes Tobocman

Clack Hammel McDowell Vagnozzi

Condino Hammon Meadows Valentine

Constan Hood Meisner Warren

Corriveau Hopgood Melton Wojno

Coulouris Jackson Miller Young

Nays--53

Acciavatti Farrah Marleau Pearce

Agema Gaffney Meekhof Proos

Amos Green Meltzer Robertson

Ball Hansen Moolenaar Rocca

Booher Hildenbrand Moore Schuitmaker

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

Clemente Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Emmons

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.

______

Rep. Stahl, 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:

This legislation has been discharged during session and has not appreciated due process of committee. Again without proper research and good objective discussion there is no way to make a proper and conclusive decision. Thus I vote no. Also because of the tie bar legislation that has not even been introduced it would be premature and irresponsible to vote for something unknown."

______

Rep. Nitz moved that the House adjourn.

The motion prevailed, the time being 11:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 18, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives