2007-HJ-08-22-077.htm

No. 77

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Wednesday, August 22, 2007.

1:30 p.m.

The House was called to order by Associate Speaker Pro Tempore Byrnes.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti--present Dillon--present Lahti--present Pearce--present

Acciavatti--present Donigan--present LaJoy--present Polidori--present

Agema--present Ebli--present Law, David--present Proos--present

Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present

Angerer--present Emmons--present LeBlanc--present Rocca--present

Ball--present Espinoza--present Leland--present Sak--present

Bauer--present Farrah--present Lemmons--present Schuitmaker--present

Bennett--present Gaffney--present Lindberg--present Scott--present

Bieda--present Garfield--present Marleau--present Shaffer--present

Booher--present Gillard--present Mayes--present Sheen--present

Brandenburg--present Gonzales--present McDowell--present Sheltrown--present

Brown--present Green--present Meadows--present Simpson--present

Byrnes--present Griffin--present Meekhof--present Smith, Alma--present

Byrum--present Hammel--present Meisner--present Smith, Virgil--present

Calley--present Hammon--present Melton--present Spade--present

Casperson--present Hansen--present Meltzer--present Stahl--present

Caswell--present Hildenbrand--present Miller--present Stakoe--present

Caul--present Hood--present Moolenaar--present Steil--present

Cheeks--present Hoogendyk--present Moore--present Tobocman--present

Clack--present Hopgood--present Moss--present Vagnozzi--present

Clemente--present Horn--present Nitz--present Valentine--present

Condino--present Huizenga--present Nofs--present Walker--present

Constan--present Hune--present Opsommer--present Ward--present

Corriveau--present Jackson--present Palmer--present Warren--present

Coulouris--present Johnson--present Palsrok--present Wenke--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. Rick Shaffer, from the 59th District, offered the following invocation:

"Gracious Father, Your word admonishes us to come before Your almighty throne boldly and with rejoicing; and so, we give thanks for Your goodness, greatness, and the gifts of life's blessings that we have come to enjoy.

Almighty God, You have created this predominately good world in which we find ourselves, help us so to live that our gratitude and thanksgiving may be self-evident daily. Help us to understand that they that profit most, serve best! Grant us visions of Your nature, and the needs of our fellow human beings that we may give ourselves in service as did He who affirmed: 'I came not to be served but to serve' ...

We are Your servants, Lord. Bless us with the ability to learn; bless us with the ability to listen, and bless us with the ability to lead.

Give us the courage to put aside personal agendas; encourage us to bury our egos, and help us understand that in order to lead, we need open minds and open hearts.

For today we request Your kind leading, for each and all (staff and legislators alike) as we strive to make Michigan an even greater state to work and play. Amen."

______

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

The motion prevailed.

Motions and Resolutions

Reps. Calley, Rick Jones, Miller, Knollenberg, Byrum, Marleau, Meadows, Polidori, Rocca, Wojno, Leland, Accavitti, Bieda, Booher, Byrnes, Casperson, Constan, Coulouris, Cushingberry, Dean, Emmons, Garfield, Griffin, Hammel, Hammon, Hansen, Horn, David Law, Kathleen Law, LeBlanc, Lemmons, Mayes, Nofs, Opsommer, Palmer, Pastor, Proos, Stahl, Steil, Tobocman, Valentine and Pavlov offered the following resolution:

House Resolution No. 174.

A resolution to memorialize the United States Congress to examine current trade policies with China, including the issues of safety and the overall impact of Chinese goods on our country.

Whereas, There have been numerous health and safety problems with Chinese imports in the United States. China has an increasingly poor track record of exporting defective products, including such varied goods as seafood, pet food, toothpaste, toys, and tires. These defective imported goods have threatened the safety of our children, pets, and general family welfare; and

Whereas, Chinese authorities have discovered that many of their food products such as candy, pickles, crackers and seafood have been found to contain formaldehyde, illegal dyes, and industrial wax, among other dangerous contents; and

Whereas, United States regulators ordered a recall of hundreds of thousands of tires imported from China, after it was discovered that the defective tires could suffer tread separation. Also, Japanese importers recalled Chinese toothpaste that was found to contain a chemical used in antifreeze; and

Whereas, Chinese wheat gluten tainted with the chemical melamine was blamed for deaths of dogs and cats in North America. Products rejected or recalled by United States authorities include toxic fish, juice containing unsafe color additives, and popular toy trains decorated with lead paint; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to examine current trade policies with China, including the issues of safety and the overall impact of Chinese goods on our country; and be it further

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

The resolution was referred to the Committee on Commerce.

Reps. Polidori, Valentine, Wojno, Kathleen Law, Spade, LeBlanc, Constan, Griffin, Gonzales, Byrnes, Angerer, Brown, Espinoza, Gillard, Garfield, Marleau, Rick Jones, Farrah, Bennett, Young, Miller, Vagnozzi, Sak, Hood, Scott, Bieda, Clack, Dean, Johnson, Meisner, Meadows, Rocca, Leland, Accavitti, Cushingberry, Emmons, Hammel, Hammon, Hansen, Lemmons, Mayes, Melton, Nofs, Pastor, Proos, Stahl and Tobocman offered the following resolution:

House Resolution No. 175.

A resolution to memorialize the United States Congress to reestablish medical care for certain veterans whose income and disability status disqualified them for Department of Veterans Affairs medical care as of January 17, 2003.

Whereas, We have been at war for nearly six years since the September 11th terrorist attacks on our soil. During this time, American military personnel have served around the world in combat. The wounds and illnesses that they may endure as the result of this service in our defense could affect them for a lifetime. It is our responsibility as a nation to honor their service and sacrifice by doing all we can to restore their health and opportunities in civilian life; and

Whereas, Beginning January 17, 2003, veterans with income above certain levels and who have no service-connecteddisability have been ineligible for Department of Veterans Affairs (VA) medical care. These Priority 8 category veterans may lack other sources of health care, and so ineligibility for VA health care could be a threat to their long-term health. Even veterans without evident war-related injuries or illnesses could have hidden health issues that can evolve into serious problems. Infections or viruses from serving in foreign lands might not reveal themselves until later in life. In addition, veterans with combat wounds such as traumatic brain injury (TBI) from blast effects or post-traumatic stress disorder (PTSD) may not display symptoms for years. Without early access to the VA healthcare system, veterans may not have the benefits of medical monitoring and early intervention in developing health issues; and

Whereas, Congress has before it two bills that would restore VA eligibility to these Priority 8 veterans under current standards with income levels too high and no service-connected disability. In the House of Representatives, HR 463 would restore this eligibility, while in the Senate, S 1147 has been introduced. We owe it to our veterans to act on this legislation to ensure that any long-term problems that may not be currently evident can be identified and treated in a timely manner. Providing quality health care is part of our duty as a nation to our veterans, and there is no excuse for failing to right this mistake; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to reestablish medical care for certain veterans whose income and disability status disqualified them for Department of Veterans Affairs medical care as of January 17, 2003; and be it further

The resolution was referred to the Committee on Military and Veterans Affairs and Homeland Security.

Reps. Espinoza, Meadows, Polidori, Scott, Wojno, Leland, Accavitti, Bieda, Byrnes, Constan, Cushingberry, Dean, Garfield, Griffin, Hammel, Hammon, Hansen, Horn, Kathleen Law, Lemmons, Mayes, Melton, Miller, Opsommer, Spade, Stahl, Tobocman and Vagnozzi offered the following resolution:

House Resolution No. 176.

A resolution to memorialize Congress to repeal Title II of the REAL ID Act of 2005 and to support a return to a negotiated rulemaking process with the states.

Whereas, The state of Michigan denounces and condemns all acts of terrorism, wherever the acts occur; and

Whereas, The Intelligence Reform and Terrorism Prevention Act (IRTP) of 2004 called for reforms that would make identification documents more secure, harder to forge, and more difficult to fraudulently obtain; and

Whereas, The IRTP Act of 2004 recognized that imposing federal mandates and standards onto state driver's licenses raised important questions on the federal government's ability and role in interfering with identification cards wholly owned by the states, especially when there are federal alternatives. As a result, the Act sought to establish identification security guidelines by a shared and negotiated rulemaking process in full partnership with the states; and

Whereas, The REAL ID Act of 2005, without benefit of Senate hearings or testimony, was abruptly attached as a rider to a must-pass military spending and tsunami relief bill (PL 109-13). Its passage effectively repealed the negotiated rulemaking process already under way as a result of the IRTP Act of 2004, replacing it with methodology designed to directly impose federal standards onto a state's wholly owned licenses under REAL ID. The draft rules for obtaining aREAL ID are more stringent than those the federal government requires for its own passports or social security cards; and

Whereas, Under these new standards, the REAL ID Act sets mandated deadlines in the near future under which Michigan's current licenses cannot be used for any federal purpose, including, but not limited to, activities such as boarding domestic airline flights, opening most bank accounts, and gaining entrance to federal buildings such as courts. While citizens could alternatively use passports for such purposes, whether or not non-REAL ID licenses could still be used for the federal purpose of obtaining a passport has not been definitively clarified; and

Whereas, The REAL ID Act puts the Department of Homeland Security in charge of determining the as of yet publishedfinal rules that would mandate what information would be included on Michigan's driver's licenses, with whom the data must be shared, what biometrics may ultimately be used on the cards, and what encoding or other machine-readable technology may ultimately be required. Such action creates a precedent where different or additional rules could also be created again by the federal government in the future; and

Whereas, The REAL ID Act would mandate that Michigan must link parts of its Secretary of State database to the departments of motor vehicles of all other states, in effect creating a single shared national database, while at the same time REAL ID sets no standards whatsoever on the security measures that states must use for gateway access to other states' databases, allows for non-governmental third parties to administer such databases, and sets absolutely no limits on how non-governmental entities will mandate use of the cards for goods, services, or other purposes; and

Whereas, Real ID is an unfunded mandate and the Department of Homeland Security estimates that the regulations will cost the states and consumers $23 billion to implement; and

Whereas, Regardless of who pays for the costs of REAL ID, it would federalize Michigan's driver's licenses by determining under what conditions the card can be used, what information has to be collected and put on the cards, what machine-readable technology the information is encoded under, and to whom the state must give such data. This federalization and creation of a de facto national identification card occurs without the benefit of a shared, negotiated rulemaking process with the states regarding the co-option of their wholly owned licenses; and

Whereas, As a result of these concerns and a recognition that needed reforms can be accomplished without the negativeaspects of REAL ID, seventeen states have already passed bills or resolutions rejecting, asking for repeal, or putting limitations on whether or not they will participate in REAL ID. These states include Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, SouthCarolina, Tennessee, and Washington. Ten other states have anti-REAL ID initiatives that have passed one chamber; and

Whereas, Federal S. 117, the Identification Security Enhancement Act of 2006 sponsored by Senators Sununu (R-NH)and Akaka (D-HI), and similar current legislation, replaces REAL ID with language taken from the original Intelligence Reform and Terrorism Prevention Act of 2004. The proposed legislation takes a more measured approach to mandating tougher standards for driver's licenses by requiring that new guidelines be developed by a shared rulemaking process that would fully involve all states and other key stakeholders; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to repeal Title II of the REAL ID Act of 2005, and to support a return to a negotiated rulemaking process with the states, such as called for in S. 117, the Identification Security Enhancement Act of 2006; and be it further

Resolved, That the Michigan Legislature will not appropriate funds nor enact legislation for the implementation of Title II of the REAL ID Act of 2005; and be it further

The resolution was referred to the Committee on New Economy and Quality of Life.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, August 22:

House Bill Nos. 5106 5107 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119

5120 5121

The Clerk announced that the following Senate bills had been received on Wednesday, August 22:

Senate Bill Nos. 111 624 655 656 657 675 676

Reports of Standing Committees

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

House Resolution No. 172.

A resolution to urge the Congress of the United States and the United States Environmental Protection Agency to address the recent approval of increased pollution by British Petroleum into the Great Lakes.

(For text of resolution, see House Journal No. 76, p. 1243.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Donigan, Ebli, Kathleen Law, Leland, Meadows, Miller, Valentine, Moolenaar, Walker and Meekhof

Nays: None

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

House Concurrent Resolution No. 40.

A concurrent resolution to oppose the proposed increase in materials discharged into Lake Michigan by British Petroleum at Whiting, Indiana.

(For text of concurrent resolution, see House Journal No. 75, p. 1209.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Warren, Donigan, Ebli, Kathleen Law, Leland, Meadows, Miller, Valentine, Moolenaar, Walker and Meekhof

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, August 22, 2007

Present: Reps. Warren, Donigan, Ebli, Griffin, Kathleen Law, Leland, Meadows, Miller, Valentine, Robertson, Moolenaar, Walker and Meekhof

Absent: Reps. Palmer and Emmons

Excused: Reps. Palmer and Emmons

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

House Bill No. 4905, entitled

A bill to amend 1982 PA 239, entitled "An act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry and livestock composting; to prescribe powers and duties of certain state departments; to impose fees; to provide for remedies and to prescribe penalties; and to repeal acts and parts of acts," by amending sections 3, 4, and 15 (MCL 287.653, 287.654, and 287.665), as amended by 2005 PA 66.

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. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Walker, Nitz, Ball and Meekhof

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, August 22, 2007

Present: Reps. Mayes, Byrum, Angerer, Brown, Kathleen Law, Leland, Walker, Nitz, Ball and Meekhof

Absent: Rep. Sheltrown

Excused: Rep. Sheltrown

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, August 21, 2007

Present: Reps. Farrah, Scott, Meadows, Virgil Smith, Marleau, Palsrok, Gaffney and Ward

Absent: Rep. Wojno

Excused: Rep. Wojno

Communications from State Officers

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

August 7, 2007

Pursuant to Section 1002 of P.A. 345 of FY 2006, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Special Investigation Report Adrian Training School 2007C0212027 CS460200931

Approval Study Report Woodland Center CS470245817

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "Online Lookups, Child Welfare Licensed Facilities" at the following address: http://www.michigan.gov/dhslicensing.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Wilson at 517-373-8383.

August 20, 2007

The enclosed reports are provided pursuant to PA 345 of 2006 Section 514, the Department of Human Services (DHS) Fiscal Year 2007 Appropriations Act, and Sections 722.629a and 722.628d (5) & (6) of 1975 PA 238, the Child Protection Law. These sections require that DHS provide information on Children's Protective Services (CPS) statistical data, and a list of significant CPS policies implemented in the proceeding fiscal year.

The enclosed information includes the following:

1. 2006 Trends Summary Report.

2. A listing of Children's Protective Services program definitions.

3. The total number of reports of abuse or neglect received, investigated, and substantiated in from 1996-2006.

4. Screened-out complaints trends.

5. The number of cases classified under abuse/neglect categories I through V.

6. The number of cases in category III that escalated to category I or II.

7. "Victims of Abuse and Neglect" report, which includes a breakdown of the age, race, and gender of child victims.

8. "Perpetrators of Abuse and Neglect" report, which includes the perpetrator's relationship to the victim(s) and the type of abuse/neglect substantiated (listed on central registry).

9. "Source of Complaints" report, which includes both mandated and non-mandated reporters, their relationship to the victim, and the percentage of their complaints that are substantiated.

10. A listing of significant CPS policy changes and law changes effective in 2006.

If you have any questions, comments, or would like additional information, please contact Ted Forrest at (517) 335-3704.

Sincerely,

Marianne Udow

Director

The communications were referred to the Clerk.

Introduction of Bills

Rep. Hune introduced

House Bill No. 5122, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10w (MCL 460.10w), as added by 2000 PA 141.

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

Reps. Bieda and Rocca introduced

House Bill No. 5123, entitled

A bill to amend 2005 PA 210, entitled "Commercial rehabilitation act," by amending sections 2 and 3 (MCL 207.842 and 207.843), section 2 as amended by 2006 PA 554.

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

Reps. Sak, Dean, Cheeks and Virgil Smith introduced

House Bill No. 5124, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1146 (MCL 380.1146), as amended by 2006 PA 303.

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

Reps. Bieda, Bauer and Condino introduced

House Bill No. 5125, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 433 (MCL 208.1433).

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

Reps. Bauer, Bieda and Condino introduced

House Bill No. 5126, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 435 (MCL 208.1435).

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

Reps. Rocca, Moss, Moore, Ball, Gaffney, Bieda, Condino, Ward, Casperson, Accavitti, Warren, Constan, LeBlanc, Meadows, Vagnozzi and Miller introduced

House Bill No. 5127, entitled

A bill to prohibit certain units of government from establishing the ownership of real property as a qualification for public office; and to provide remedies.

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

Rep. Cushingberry introduced

House Bill No. 5128, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51e (MCL 206.51e), as amended by 2003 PA 239.

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

Rep. Cushingberry introduced

House Bill No. 5129, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 51, 261, 266, and 270 (MCL 206.30, 206.51, 206.261, 206.266, and 206.270), section 30 as amended by 2005 PA 214, section 51 as amended by 1999 PA 6, section 261 as amended by 2000 PA 195, section 266 as amended by 2006 PA 52, and section 270 as amended by 2005 PA 234; and to repeal acts and parts of acts.

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

Reps. Calley, Stahl, Knollenberg and Meltzer introduced

House Bill No. 5130, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 11b and 16t (MCL 777.11b and 777.16t), section 11b as amended by 2005 PA 207 and section 16t as amended by 2004 PA 112.

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

Reps. Dean, Meekhof, Rick Jones, Steil, Stahl, Hammon, Valentine, Hopgood, Mayes, Accavitti, Acciavatti, Hildenbrand, Casperson, Lemmons, Cheeks, Sak, Brandenburg, Horn, Espinoza, Brown, Farrah, Johnson, Gonzales, Polidori, Bennett, Kathleen Law, Scott, Hood, Cushingberry, Meadows, Jackson, Young, Constan, Garfield, Lindberg and Robert Jones introduced

House Bill No. 5131, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 7 (MCL 28.727), as amended by 2004 PA 237.

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

Rep. Cushingberry introduced

House Bill No. 5132, 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 first time by its title and referred to the Committee on Tax Policy.

Reps. David Law, LaJoy, Ward and Marleau introduced

House Bill No. 5133, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 7 (MCL 28.727), as amended by 2004 PA 237.

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

Reps. David Law, LaJoy, Ward and Marleau introduced

House Bill No. 5134, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411u.

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

Rep. Cushingberry introduced

House Bill No. 5135, entitled

A bill to provide for the levy, assessment, and collection of an excise tax on certain services; to provide exemptions; to appropriate the proceeds; to prescribe certain powers and duties of certain state departments; and to prescribe penalties.

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

Announcements by the Clerk

August 10, 2007

Received from the Auditor General financial statements, together with the Auditors' Report, of the Bureau of State Lottery for the six-month periods ended March 31, 2007 and 2006.

Richard J. Brown

Clerk of the House

______

Rep. Hoogendyk moved that Reps. Calley and Wenke be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 298, entitled

A bill to amend 1836 PA 25, entitled "An act concerning the records of deeds and other conveyances of land," by amending section 1 (MCL 565.581).

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

Roll Call No. 297 Yeas--108

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lemmons Schuitmaker

Bieda Garfield Lindberg Scott

Booher Gillard Marleau Shaffer

Brandenburg Gonzales Mayes Sheen

Brown Green McDowell Sheltrown

Byrnes Griffin Meadows Simpson

Byrum Hammel Meekhof Smith, Alma

Casperson Hammon Meisner Smith, Virgil

Caswell Hansen Melton Spade

Caul Hildenbrand Meltzer Stahl

Cheeks Hood Miller Stakoe

Clack Hoogendyk Moolenaar Steil

Clemente Hopgood Moore Tobocman

Condino Horn Moss Vagnozzi

Constan Huizenga Nitz Valentine

Corriveau Hune Nofs Walker

Coulouris Jackson Opsommer Ward

Cushingberry Johnson Palmer Warren

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pastor Young

Nays--0

In The Chair: Byrnes

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.

Senate Bill No. 299, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 2002 PA 19.

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

Roll Call No. 298 Yeas--109

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield 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

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

Nays--0

In The Chair: Byrnes

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.

Senate Bill No. 301, entitled

A bill to amend 1873 PA 5, entitled "An act to provide for the recording of judgments in actions affecting or relating to the title of real estate," by amending section 1 (MCL 565.401).

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

Roll Call No. 299 Yeas--109

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield 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

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

Nays--0

In The Chair: Byrnes

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.

Senate Bill No. 303, entitled

A bill to amend 1875 PA 54, entitled "An act to facilitate the inspection and reproduction of the records and files in the offices of the registers of deeds," by amending section 1 (MCL 565.551), as amended by 1994 PA 51.

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

Roll Call No. 300 Yeas--109

Accavitti Donigan Lahti Pearce

Acciavatti Ebli LaJoy Polidori

Agema Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Angerer Espinoza LeBlanc Rocca

Ball Farrah Leland Sak

Bauer Gaffney Lemmons Schuitmaker

Bennett Garfield 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

Casperson Hansen Melton Spade

Caswell Hildenbrand Meltzer Stahl

Caul Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clack Hopgood Moore Tobocman

Clemente Horn Moss Vagnozzi

Condino Huizenga Nitz Valentine

Constan Hune Nofs Walker

Corriveau Jackson Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Dillon

Nays--0

In The Chair: Byrnes

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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4346, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Alma Smith, Spade, Tobocman and Vagnozzi

Nays: Reps. Acciavatti and Brandenburg

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

House Bill No. 4359, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 8b, 11, 11a, 11f, 11g, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20j, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 37, 38, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 64, 65, 74, 76, 81, 94a, 98, 99, 99e, 99h, 104, 107, 147, and 163 (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1637, 388.1638, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1676, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699e, 388.1699h, 388.1704, 388.1707, 388.1747, and 388.1763), sections 3, 6, 11, 11a, 11f, 11g, 11j, 11k, 15, 18, 20, 20j, 22a, 22b, 22d, 24, 26a, 26b, 31a, 31d, 31f, 32c, 32d, 32j, 32l, 37, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 74, 81, 94a, 98, 99, 107, and 147 as amended and sections 11m, 24a, 24c, 29, 32b, 64, 65, 99e, 99h, and 104 as added by 2006 PA 342, sections 8b and 38 as amended by 2003 PA 158, sections 19 and 39 as amended by 2005 PA 155, section 20d as amended by 1997 PA 93, section 76 as amended by 1996 PA 300, and section 163 as amended by 2004 PA 351, and by adding sections 22e and 32e; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Alma Smith, Spade, Tobocman and Vagnozzi

Nays: Reps. Caswell, Brandenburg and Agema

Notices

August 22, 2007

Mr. Richard J. Brown Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

I am appointing the following members of the House to the Retiree Health Care Reforms Committee for terms from August 22, 2007 to December 31, 2008:

Representative Alma Wheeler Smith

Representative Mary Valentine

Representative Chuck Moss

Regards,

Andy Dillon

Speaker of the House of Representatives

August 22, 2007

Mr. Richard J. Brown Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

I am appointing the following member of the House to the Committee on Ethics & Elections for a term from August 22, 2007 to December 31, 2008:

Representative Rebekah Warren

Regards,

Andy Dillon

Speaker of the House of Representatives

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4346, entitled

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.

Reps. Amos and Hoogendyk moved to amend the bill as follows:

1. Amend page 16, following line 14, by inserting:

"Sec. 223. From the funds appropriated in part 1, the department shall develop, post, and maintain, on a publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made.".

The question being on the adoption of the amendment offered by Reps. Amos and Hoogendyk,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Amos and Hoogendyk,

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

Roll Call No. 301 Yeas--51

Acciavatti Garfield Meekhof Proos

Agema Green Meltzer Robertson

Amos Hansen Moolenaar Rocca

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

Gaffney Marleau Pearce

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: Byrnes

______

Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

While I have always supported full public disclosure, this amendment adds a level of redundancy to existing state law. Simply put, this is an unnecessary amendment that creates more bureaucracy and little of value. The information is readily available, and this amendment would require more man hours of work that would simply replicate what is already available. Thus, I voted against this useless amendment."

Rep. Gillard 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. 4346, 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. 302 Yeas--59

Accavitti Cushingberry Johnson Rocca

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 Polidori

Nays--50

Acciavatti Garfield Meekhof Pearce

Agema Green Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Stakoe

Caul Jones, Rick Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

Gaffney Marleau

In The Chair: Byrnes

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. Huizenga, 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 believe this vote and the spending levels demonstrated in this and similar bills violate Article 5, Section 16 of the State Constitution which requires Michigan to spend no more than it's revenues. Since there has been no vote on increasing revenue or taxes we therefore must base our budgets on current budget estimates. This and the other budget bills we are voting on this evening violate that requirement."

Second Reading of Bills

House Bill No. 4359, entitled

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. Walker moved to amend the bill as follows:

1. Amend page 66, following line 2, by inserting:

"(5) IT IS THE INTENT OF THE LEGISLATURE THAT STARTING IN 2007-2008 THE CALCULATION IN THIS SECTION BE ADJUSTED IF THERE IS A REDUCTION IN APPROPRIATIONS UNDER SECTION22C. THE CALCULATION SHALL BE REDUCED PROPORTIONATELY TO REFLECT THE SAME APPROPRIATION REDUCTION AMOUNT UNDER SECTION 22C.".

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

Rep. Amos moved to amend the bill as follows:

1. Amend page 197, following line 3, by inserting:

"Enacting section 3. This amendatory act does not take effect unless House Bill No. 4980 of the 94th Legislature is enacted into law.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 303 Yeas--48

Acciavatti Garfield Meekhof Proos

Agema Hansen Meltzer Robertson

Amos Hildenbrand Moolenaar Rocca

Booher Hoogendyk Moore Schuitmaker

Brandenburg Horn Moss Shaffer

Casperson Huizenga Nitz Sheen

Caswell Hune Nofs Stahl

Caul Jones, Rick Opsommer Stakoe

DeRoche Knollenberg Palmer Steil

Elsenheimer LaJoy Palsrok Walker

Emmons Law, David Pastor Ward

Gaffney Marleau Pavlov Wenke

Nays--61

Accavitti Cushingberry Jackson Pearce

Angerer Dean Johnson Polidori

Ball 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

Byrum Gonzales Lindberg Spade

Cheeks Green Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris

In The Chair: Byrnes

Rep. Meltzer moved to amend the bill as follows:

1. Amend page 197, following line 3, by inserting:

"Enacting section 3. This amendatory act does not take effect unless House Bill No. 5083 of the 94th Legislature is enacted into law.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 304 Yeas--52

Acciavatti Gaffney Marleau Pearce

Agema Garfield 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

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov Wenke

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: Byrnes

______

Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on this amendment because the information requested is already readily available, thus, this amendment is unnecessary and simply adds more bureaucracy to state government."

Rep. Ward moved to amend the bill as follows:

1. Amend page 45, line 25, by striking out "$7,208.00" and inserting "$7,108.00".

2. Amend page 46, line 22, after "PLUS" by striking out "$100.00" and inserting "$0.00".

3. Amend page 47, line 24, after "OF" by striking out "$100.00" and inserting "$0.00".

4. Amend page 71, line 9, by striking out "$3,751,800,000.00" and inserting "$3,586,000,000.00".

5. Amend page 75, line 21, by striking out "$113,500,000.00" and inserting "$420,000,000.00".

6. Amend page 75, line 24, after "than" by striking out "$7,669.00" and inserting "$7,580.00".

7. Amend page 75, line 26, after "of" by striking out "$100.00" and inserting "$472.00".

8. Amend page 75, line 27, after "between" by striking out "$7,669.00" and inserting "$7,580.00".

9. Amend page 81, line 23, by striking out "$36,000,000.00" and inserting "$20,000,000.00".

10. Amend page 82, line 27, after "exceed" by striking out "$321,450,000.00" and inserting "$319,350,000.00".

11. Amend page 87, line 1, by striking out "$5,743,000.00" and inserting "$3,743,000.00".

12. Amend page 93, line 14, after "EXCEED" by striking out "$100,000.00" and inserting "$0.00".

13. Amend page 96, line 19, by striking all of section 31g.

14. Amend page 97, line 23, by striking out "$2,500,000.00" and inserting "$1,000,000.00".

15. Amend page 100, line 12, by striking out "$2,500,000.00" and inserting "$1,750,000.00".

16. Amend page 101, line 20, after "exceed" by striking out "$83,200,000.00" and inserting "$78,600,000.00".

17. Amend page 103, line 23, by striking out all of section 32e.

18. Amend page 108, line 7, by striking out all of section 32f.

19. Amend page 113, line 4, after "EXCEED" by striking out "$27,200,000.00" and inserting "$5,000,000.00".

20. Amend page 114, line 7, after "ALLOCATED" by striking out "$22,200,000.00" and inserting "$0.00".

21. Amend page 117, line 13, after "EXCEED" by striking out "$300,000.00" and inserting "$0.00".

22. Amend page 117, line 18, after "exceed" by striking out "$13,050,000.00" and inserting "$12,250,000.00".

23. Amend page 122, line 13, by striking out "$3,500.00" and inserting "$3,300.00".

24. Amend page 129, line 21, by striking out "$3,500.00" and inserting "$3,300.00".

25. Amend page 158, line 1, after "exceed" by striking out "$4,000,000.00" and inserting "$2,000.00".

26. Amend page 160, line 3, by striking out all of section 65a.

27. Amend page 162, line 20, by striking out all of section 77.

28. Amend page 176, line 15, by striking out all of section 98d.

29. Amend page 180, line 7, by striking out all of section 99a.

30. Amend page 183, line 15, by striking out all of section 99i and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 305 Yeas--46

Acciavatti Elsenheimer Meekhof Schuitmaker

Agema Emmons Meltzer Shaffer

Angerer Green Moolenaar Sheen

Ball Hansen Moore Simpson

Booher Hildenbrand Nitz Spade

Byrum Hoogendyk Nofs Stahl

Calley Horn Opsommer Stakoe

Casperson Huizenga Palsrok Steil

Caswell Hune Pavlov Walker

Caul Jones, Rick Pearce Ward

DeRoche LaJoy Robertson Wenke

Ebli Marleau

Nays--64

Accavitti Dean Jones, Robert Palmer

Amos Dillon Knollenberg Pastor

Bauer Donigan Lahti Polidori

Bennett Espinoza Law, David Proos

Bieda Farrah Law, Kathleen Rocca

Brandenburg Gaffney LeBlanc Sak

Brown Garfield Leland Scott

Byrnes Gillard Lemmons Sheltrown

Cheeks Gonzales Lindberg Smith, Alma

Clack Griffin Mayes Smith, Virgil

Clemente Hammel McDowell Tobocman

Condino Hammon Meadows Vagnozzi

Constan Hood Meisner Valentine

Corriveau Hopgood Melton Warren

Coulouris Jackson Miller Wojno

Cushingberry Johnson Moss Young

In The Chair: Byrnes

Rep. Moolenaar moved to amend the bill as follows:

1. Amend page 23, line 18, after "If" by inserting "AT THE JANUARY REVENUE ESTIMATING CONFERENCE THERE IS A CONSENSUS ESTIMATE THAT".

2. Amend page 23, line 21, after "year," by striking out "payments" and inserting "THEN ALL OF THE FOLLOWING APPLY:

(A) PAYMENTS".

3. Amend page 23, line 23, after "full." by striking out "In addition, for" and inserting:

"(B) FOR".

4. Amend page 24, line 6, after "(4)" by striking out "If proration is necessary," and inserting:

"(C) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION,".

5. Amend page 24, line 7, by striking out "other".

6. Amend page 24, line 7, after "act" by inserting a comma and "OTHER THAN THOSE LISTED IN SUBDIVISION (A),".

7. Amend page 24, line 12, after "subsection," by striking out balance of the line through "year," on line 14.

8. Amend page 24, line 19, after "proration." by inserting "THESE NOTIFICATIONS SHALL BE MADE AS PRESCRIBED IN SUBDIVISION (D).".

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

"(D) THE DEPARTMENT OF TREASURY SHALL MAKE A DETERMINATION THAT PRORATION WILL BE NECESSARY UNDER THIS SUBSECTION AND SHALL NOTIFY THE STATE BUDGET DIRECTOR OF THAT DETERMINATION WITHIN 2 DAYS AFTER THE JANUARY REVENUE ESTIMATING CONFERENCE. THE STATE BUDGET DIRECTOR SHALL NOTIFY THE LEGISLATURE AS REQUIRED UNDER SUBDIVISION (C) WITHIN 5 DAYS AFTER RECEIVING THE NOTICE FROM THE DEPARTMENT OF TREASURY.

(E) IF PAYMENTS HAVE NOT BEEN PRORATED BY MARCH 1 OF THE FISCAL YEAR, THEN AN AMOUNT EQUAL TO THE AMOUNT BY WHICH THE MAXIMUM AMOUNT APPROPRIATED FROM THE STATE SCHOOL AID FUND AND THE SCHOOL AID STABILIZATION FUND FOR THE FISCAL YEAR EXCEEDS THE AMOUNT AVAILABLE FOR EXPENDITURE FROM THOSE SOURCES FOR THAT FISCAL YEAR, ACCORDING TO THE CONSENSUS ESTIMATE, IS APPROPRIATED FROM THE GENERAL FUND TO THE STATE SCHOOL AID FUND TO MAKE UP THAT DEFICIENCY, AND ALL PAYMENTS DUE UNDER THIS ACT SHALL BE MADE IN FULL.".

10. Amend page 26, following line 7, by inserting:

"(5) IF IT IS DETERMINED AT THE MAY REVENUE ESTIMATING CONFERENCE OR AT ANY OTHER TIME AFTER MARCH 1 OF THE FISCAL YEAR THAT THE MAXIMUM AMOUNT APPROPRIATED FROM THE STATE SCHOOL AID FUND AND THE SCHOOL AID STABILIZATION FUND FOR A FISCAL YEAR EXCEEDS THE AMOUNT AVAILABLE FOR EXPENDITURE FROM THOSE SOURCES FOR THAT FISCAL YEAR, THEN AN AMOUNT EQUAL TO THAT DEFICIENCY IS APPROPRIATED FROM THE GENERAL FUND TO THE STATE SCHOOL AID FUND TO MAKE UP THAT DEFICIENCY, AND ALL PAYMENTS DUE UNDER THIS ACT SHALL BE MADE IN FULL." and renumbering the remaining subsections.

11. Amend page 26, following line 11, by inserting:

"(6) AS USED IN THIS SECTION, "REVENUE ESTIMATING CONFERENCE" MEANS A REVENUE ESTIMATING CONFERENCE CONDUCTED UNDER SECTION 367B OF THE MANAGEMENT AND BUDGET ACT, 1984 PA 431, MCL 18.1367B.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 306 Yeas--98

Accavitti Dillon Lahti Pavlov

Acciavatti Donigan LaJoy Pearce

Agema Ebli Law, David Polidori

Amos Elsenheimer Law, Kathleen Proos

Angerer Emmons LeBlanc Robertson

Ball Espinoza Leland Rocca

Bauer Farrah Lindberg Sak

Bennett Gaffney Marleau Schuitmaker

Bieda Garfield Mayes Scott

Booher Gillard McDowell Shaffer

Brandenburg Green Meekhof Sheen

Brown Griffin Meisner Sheltrown

Byrum Hammon Melton Simpson

Calley Hansen Meltzer Smith, Virgil

Casperson Hildenbrand Miller Spade

Caswell Hoogendyk Moolenaar Stahl

Caul Hopgood Moore Stakoe

Cheeks Horn Moss Steil

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palmer Wenke

Coulouris Jones, Rick Palsrok Wojno

Dean Jones, Robert Pastor Young

DeRoche Knollenberg

Nays--12

Byrnes Gonzales Lemmons Tobocman

Clack Hammel Meadows Vagnozzi

Cushingberry Hood Smith, Alma Warren

In The Chair: Byrnes

______

Rep. Gillard moved that Rep. Mayes be excused temporarily from today's session.

The motion prevailed.

Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

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

The question being on the adoption of the substitute (H-3) offered by Rep. Caswell,

Rep. Ward demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Caswell,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 307 Yeas--50

Acciavatti Garfield Meekhof Proos

Agema Green Meltzer Robertson

Amos Hansen Moolenaar Rocca

Ball Hildenbrand Moss Schuitmaker

Booher Hoogendyk Nitz Shaffer

Brandenburg Horn Nofs Sheen

Calley Huizenga Opsommer Stahl

Casperson Hune Palmer Stakoe

Caswell Jones, Rick Palsrok Steil

Caul Knollenberg Pastor Walker

Elsenheimer LaJoy Pavlov Ward

Emmons Law, David Pearce Wenke

Gaffney Marleau

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 McDowell Tobocman

Clack Griffin Meadows Vagnozzi

Clemente Hammel Meisner Valentine

Condino Hammon Melton Warren

Constan Hood Miller Wojno

Corriveau Hopgood Moore Young

Coulouris Jackson

In The Chair: Byrnes

______

Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on the (H-3) substitute because it recklessly overspends by over $300 million. Simply saying we can find it in the state general fund is ingenuous, especially in light of the state's fiscal difficulties. The amendment also guts important early childhood development programs, as well as a whole host of important policy initiatives. Simply put, this substitute represents a harmful approach to public education."

Rep. Gillard 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. Gillard 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. 4359, 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. 308 Yeas--62

Accavitti Dean Jones, Robert Rocca

Angerer Dillon Lahti Sak

Bauer Donigan Law, David Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Brown Farrah Leland Smith, Alma

Byrnes Gaffney Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Stakoe

Clack Griffin McDowell Tobocman

Clemente Hammel Meadows Vagnozzi

Condino Hammon Meisner Valentine

Constan Hood Melton Warren

Corriveau Hopgood Miller Wojno

Coulouris Jackson Polidori Young

Cushingberry Johnson

Nays--48

Acciavatti Emmons Marleau Pavlov

Agema Garfield Meekhof Pearce

Amos Green Meltzer Proos

Ball Hansen Moolenaar Robertson

Booher Hildenbrand Moore Schuitmaker

Brandenburg Hoogendyk Moss Shaffer

Calley Horn Nitz Sheen

Casperson Huizenga Nofs Stahl

Caswell Hune Opsommer Steil

Caul Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Elsenheimer LaJoy Pastor Wenke

In The Chair: Byrnes

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

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

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 6a, 8b, 11, 11a, 11f, 11g, 11j, 11k, 11m, 15, 18, 19, 20, 20j, 22a, 22b, 22c, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 37, 38, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 64, 65, 74, 76, 81, 94a, 98, 99, 99e, 99h, 104, 107, 147, and 163 (MCL 388.1603, 388.1606, 388.1606a, 388.1608b, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620j, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1637, 388.1638, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1676, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699e, 388.1699h, 388.1704, 388.1707, 388.1747, and 388.1763), sections 3, 11, 11g, 11j, 22a, 22b, 26b, 31a, 51a, 51c, 65, 81, and 147 as amended by 2007 PA 6, sections 6, 11a, 11f, 11k, 15, 18, 20, 20j, 22d, 24, 26a, 31d, 31f, 32c, 32d, 32j, 32l, 37, 39a, 41, 51d, 53a, 54, 54a, 56, 57, 61a, 62, 74, 94a, 98, 99, and 107 as amended and sections 11m, 22c, 24a, 24c, 29, 32b, 64, 99e, 99h, and 104 as added by 2006 PA 342, section 6a as amended by 1997 PA 93, sections 8b and 38 as amended by 2003 PA 158, sections 19 and 39 as amended by 2005 PA 155, section 76 as amended by 1996 PA 300, and section 163 as amended by 2004 PA 351, and by adding sections 31g, 32, 32e, 32f, 65a, 77, 98d, 99a, and 99i; 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.

______

Reps. Marleau, Meekhof, Elsenheimer, Schuitmaker, Palsrok and Meltzer, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Article V, Section 18 of the Michigan constitution states, '...proposed expenditures from any fund shall not exceed the estimated revenue thereof...' HB 4359 makes it highly unlikely that the Legislature could meet the above provision without either severely cutting important programs or dramatically raising taxes on Michigan's working families. Support of HB 4359 would severely hamper the Legislature's ability to fund other important programs such as programs for seniors, Medicaid, local revenue sharing, police and fire protection and many other essential programs. Furthermore, support of HB 4359 would require massive tax increases that will adversely affect Michigan's working families and businesses. Such action is irresponsible, and would lead to further economic upheaval as Michigan continues to struggle for its survival.

I stand ready to work in a constructive, bi-partisan way to solve Michigan's budget crisis. I anxiously await the opportunity to vote on the Senate's budget one based on reality and not cheap political rhetoric."

Rep. Huizenga, 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:

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:

There is no funding for this increase. Article V, sec 18 says that expenditures shall not exceed the estimated revenues. This does This is irresponsible."

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:

There has not been enough time for proper examination of this bill. With estimated revenue for the school aid fund being less than the proposed expenditure demonstrates irresponsible action.

It states in the Michigan Constitution that ' proposed expenditures from any fund shall not exceed the estimated revenue there of ' Article V, Section 18.

School districts depending on honest and mature funding projections deem it necessary to depend on real figures to balance their budgets. Cuts later would prove devastating later in the school year.

HB 4359 makes it highly unlikely that the Legislature could meet the above provision without either severely cutting important programs or dramatically raising taxes on Michigan's working families. Support of HB 4359 would severely hamper the Legislature's ability to fund other important programs such as programs for seniors, Medicaid, local revenue sharing, police and fire protection and many other essential programs. Furthermore, support of HB 4359 would require massive tax increases that will adversely affect Michigan's working families and businesses. Such action is irresponsible, and would lead to further economic upheaval as Michigan continues to struggle for its survival.

Rep. Emmons, 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:

Due to the requirement of Article V, Section 18 of the Michigan Constitution which states, '...proposed expenditures from any fund shall not exceed the estimated revenue thereof..' I consider it irresponsible to vote in support of a bill that overspends anticipated revenue by several million dollars."

Rep. Shaffer, 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:

In accordance with Article V, Section 18 of the Michigan Constitution: '...proposed expenditures from any fund shall not exceed the estimated revenue thereof....'. HB4359 makes it very highly unlikely that the Legislature could meet the above provision without either severely cutting important programs or dramatically raising taxes on Michigan's hard working families. By supporting HB4359, I believe that this action would severely hamper the ability of the Michigan Legislature to fund existing programs that would include Medicaid funding for children and seniors, Revenue Sharing for our counties support of police, fire, and other essential county services. Without question, by supporting HB 4359 massive tax increases would be needed to fund the proposed expenditures. Michigan's citizens and businesses would indeed be adversely affected.

I stand ready to work on Michigan's budget to make responsible reforms that will make it possible to meet the expenditures of the many fine services that we currently enjoy."

______

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

Rep. Alma Smith moved that Rep. Meadows be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4492, entitled

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

(The bill was passed, motion made to grant immediate effect and motion postponed for the day on August 8, see House Journal No. 75, p. 1224.)

The question being on the motion made previously by Rep. Ward,

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

Roll Call No. 309 Yeas--57

Accavitti Cushingberry Horn Miller

Angerer Dean Jackson Polidori

Bauer Dillon Johnson Sak

Bennett Donigan Jones, Robert Sheltrown

Bieda Ebli Lahti Simpson

Brown Espinoza Law, Kathleen Smith, Alma

Byrnes Farrah LeBlanc Smith, Virgil

Byrum Gillard Leland Spade

Cheeks Gonzales Lemmons Tobocman

Clack Griffin Lindberg Vagnozzi

Clemente Hammel Mayes Valentine

Condino Hammon McDowell Warren

Constan Hood Meisner Wojno

Corriveau Hopgood Melton Young

Coulouris

Nays--51

Acciavatti Garfield Meltzer Robertson

Agema Green Moolenaar Rocca

Ball Hansen Moore Schuitmaker

Booher Hildenbrand Moss Scott

Brandenburg Hoogendyk Nitz Shaffer

Calley Huizenga Nofs Sheen

Casperson Hune Opsommer Stahl

Caswell Jones, Rick Palmer Stakoe

Caul Knollenberg Palsrok Steil

DeRoche LaJoy Pastor Walker

Elsenheimer Law, David Pavlov Ward

Emmons Marleau Pearce Wenke

Gaffney Meekhof Proos

In The Chair: Jackson

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4360, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Alma Smith, Spade, Tobocman and Vagnozzi

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

Second Reading of Bills

House Bill No. 4360, entitled

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 not adopted, a majority of the members serving not voting therefor.

Rep. Bauer 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. Agema moved to amend the bill as follows:

1. Amend page 10, following line 1, by inserting:

"Sec. 243. A community college that receives an appropriation under this act shall not reduce or discount the net tuition and fees paid by an individual illegally residing within this country below the standard nonresident tuition and fee rate charged by that institution.".

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

Rep. Tobocman moved to reconsider the vote by which the House did not adopt the amendment.

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4350, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2008; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

With the recommendation that the substitute (H-4) 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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Spade, Tobocman, Vagnozzi and Brandenburg

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

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

House Bill No. 4351, entitled

A bill to make appropriations for Michigan State University, University of Michigan Ann Arbor, and Wayne State University for the fiscal year ending September 30, 2008; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

With the recommendation that the substitute (H-4) 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. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Spade, Tobocman, Vagnozzi and Brandenburg

Nays: Reps. Acciavatti, Caswell and Booher

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, August 22, 2007

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

Second Reading of Bills

House Bill No. 4350, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Appropriations,

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

Reps. Caul and Alma Smith moved to amend the bill as follows:

1. Amend page 1, line 4, after "for" by striking out "certain".

2. Amend page 3, following line 17, by inserting:

"Sec. 107. MICHIGAN STATE UNIVERSITY

Operations $ 306,198,900

Agricultural experiment station 34,672,800

Cooperative extension service 29,176,400

GROSS APPROPRIATION $ 370,048,100

Appropriated from:

State general fund/general purpose $ 370,048,100"

renumbering the remaining subsections, and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 4, following line 10, by inserting:

"Sec. 112. UNIVERSITY OF MICHIGAN - ANN ARBOR

Operations $ 343,163,200

GROSS APPROPRIATION $ 343,163,200

Appropriated from:

State general fund/general purpose $ 343,163,200"

renumbering the remaining subsections, and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 4, following line 20, by inserting:

"Sec. 115. WAYNE STATE UNIVERSITY

Operations $ 231,656,100

GROSS APPROPRIATION $ 231,656,100

Appropriated from:

State general fund/general purpose $ 231,656,100"

renumbering the remaining subsections, and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 4, line 27, by striking out "56,825,200" and inserting "138,736,000" and adjusting the subtotals, totals, and section 201 accordingly.

6. Amend page 5, following line 8, by inserting:

"University research corridor $ 500,000"

and adjusting the subtotals, totals, and section 201 accordingly.

7. Amend page 8, line 1, by striking out all of section 212 and inserting:

"Sec. 212. (1) The funds appropriated in part 1 to state institutions of higher education, except for the 1-time supplemental payment described in subsection (2), shall be paid out of the state treasury and distributed by the state treasurer to the respective institutions in 11 equal monthly installments on the 16th of each month, or the next succeeding business day, beginning with October 16, 2007. Except for Wayne State University, each institution shall accrue its July and August 2008 payments to its institutional fiscal year ending June 30, 2008.

(2) The funds appropriated in part 1 to state institutions of higher education for the 1-time supplemental payment shall be paid out of the state treasury and distributed by the state treasurer to the respective institutions on October 16, 2007. The payment made to each institution shall be equal to the sum of the delayed payment reduction contained in Executive Order 2007-3 and the payment delay reduction contained in section 112 of 2007 PA 17. Except for Wayne State University, each state institution of higher education shall accrue this payment to its institutional fiscal year ending June 30, 2007. Wayne State University shall accrue this payment to its institutional fiscal year ending September 30, 2007.

(3) All universities shall submit higher education institutional data inventory (HEIDI) data and associated financial and program information requested by and in a manner prescribed by the state budget director. For universities with fiscal years ending June 30, 2007, these data shall be submitted to the state budget director by October 15, 2007. Universities with a fiscal year ending September 30, 2007 shall submit preliminary HEIDI data by November 15, 2007 and final data by December 15, 2007. If a university fails to submit HEIDI data and associated financial aid program information in accordance with this reporting schedule, the state treasurer shall withhold the monthly installments under subsection (1) to the university until those data are submitted.

(4) A detailed description of procedures utilized to arrive at the amounts appropriated in part 1 shall be submitted to each institution by the senate and house fiscal agencies.".

8. Amend page 9, following line 22, by inserting:

"Sec. 216. (1) The funds appropriated in part 1 for the university research corridor shall be paid only to a legal entity to be jointly formed by the 15 state universities. The purposes of the university research corridor shall include, but not be limited to, the following:

(a) Encourage collaborative research efforts between the 15 universities leading to economic development within this state.

(b) Establish research partnerships with businesses in this state.

(2) Not later than September 15, 2008, the university research corridor shall submit to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director a report on its efforts under subsection (1) and a detailed accounting of the expenditures from the appropriation in part 1.".

9. Amend page 18, following line 21, by inserting:

"Sec. 402. The University of Michigan biological station at Douglas Lake in Cheboygan County is regarded as a unique resource and is designated as a special research reserve. It is the intent of the legislature to protect and preserve the unique long-term research value and capabilities of the biological station area and Douglas Lake. The legislature further intends that no state programs or policies be developed that would have a deleterious impact on the research value of Douglas Lake.".

10. Amend page 19, following line 26, by inserting:

"Sec. 433. (1) Included in part 1 is $2,953,400.00 for the agricultural experiment station and $2,619,000.00 for the cooperative extension service for project GREEEN. Project GREEEN is intended to address critical regulatory, food safety, economic, and environmental problems faced by this state's plant-based agriculture, forestry, and processing industries. "GREEEN" is an acronym for generating research and extension to meet environmental and economic needs.

(2) The department of agriculture and Michigan State University, in consultation with agricultural commodity groups and other interested parties, shall develop project GREEEN and its program priorities.

(3) Not later than September 30, 2008, a report shall be submitted by Michigan State University to the state budget director, the house and senate appropriations subcommittees on agriculture and on higher education, and the house and senate fiscal agencies for the preceding fiscal year regarding project GREEEN projects. The report shall include, but is not limited to, the dollar amount of each project and a review of each project's performance and accomplishments.".

11. Amend page 21, following line 19, by inserting:

"Michigan State University 990,000.00".

12. Amend page 21, following line 21, by inserting:

"University of Michigan Ann Arbor 3,484,700.00".

13. Amend page 21, following line 23, by inserting:

"Wayne State University 762,900.00".

14. Amend page 29, line 6, by striking out all of section 701a and inserting:

"Sec. 701a. (1) Pursuant to section 701(2)(e), state institutions of higher education may establish the following degree programs:

(a) Bachelor's degree programs:

Central Michigan University, Integrated Science, B.S. in Ed.

Central Michigan University, Law and Economics, B.A., B.S., B.S. in B.A.

Central Michigan University, Meteorology, B.S.

Eastern Michigan University, Cross Disciplinary Studies, B.A./B.S.

Eastern Michigan University, Information Assurance, B.A./B.S.

Eastern Michigan University, Supply Chain Management, B.B.A.

Grand Valley State University, Chinese Studies Major, B.A.

Lake Superior State University, Physical Science: Teaching, B.S.

Lake Superior State University, School of Education, B. Ed.

Michigan State University, Residential College in the Arts and Humanities, B.A.

University of Michigan - Flint, Biochemistry, B.S.

University of Michigan - Flint, Theatre Design and Technology, B.S.

University of Michigan - Flint, Visual Communication, B.F.A.

Wayne State University, Radiologic Technology, B.S.

(b) Master's degree programs:

Eastern Michigan University, Integrated Marketing Communications, M.S.

Oakland University, Safety Management, M.S.

University of Michigan - Ann Arbor, Clinical Research, M.S.

University of Michigan - Ann Arbor, Supply Chain Management, Masters

University of Michigan - Dearborn, Master of Science in Management Information Systems, M.S.

University of Michigan - Flint, English, M.A.

Wayne State University, Joint-Library and Information Science and History, M.A.

Michigan State University, Quantitative Biology Dual Major, Ph.D.

Michigan Technological University, Atmospheric Sciences, Ph.D.

Oakland University, Doctor of Nursing Practice, D.N.P.

Oakland University, Music Education, Ph.D.

Wayne State University, Business Administration, Ph.D.

Wayne State University, Joint Pharm.D/Ph.D., Pharm.D, Ph.D.

(2) The listing of degree programs in subsection (1) does not constitute legislative intent to provide additional dollars for those programs.

(3) When submitting the listing of new degree programs for future fiscal years, the presidents council shall also provide a listing of degree programs that state institutions of higher education will no longer offer in subsequent academic years.".

15. Amend page 31, following line 15, by inserting:

"Sec. 712. By February 1, 2008, each of Michigan's state universities receiving appropriations in part 1 shall submit to the house and senate appropriations subcommittees on higher education, the state budget director, and the house and senate fiscal agencies a report on the following:

(a) The number of students who graduated from the university in academic year 2005-2006 and academic year 2006-2007 with an advanced degree in mathematics, science, health care, or engineering, and the number of those graduates that remained in Michigan to work.

(b) The projected numbers of graduates in each of the above-listed categories for the next 5 calendar years and plans or programs, if any, to increase the numbers of graduates in these categories.

(c) The status of the university's state and regional economic development activities and the monetary value of these activities on the economy of Michigan. The report shall include efforts undertaken to assist the state and its communities with the development of programs and infrastructure necessary to expand businesses and jobs, including those in manufacturing, tourism, agriculture, and health care.

(d) Partnerships with other Michigan universities, community colleges, or other entities regarding new technology development including, but not limited to, life sciences, alternative energy, and advanced manufacturing and increasing college graduates in science, technology, engineering, and mathematics disciplines.

(e) Efforts to increase foreign investment and international trade, efforts to encourage international students to develop, locate, or partner with Michigan-based businesses upon graduation, and efforts to identify economic development leads or prospects in national or international markets for Michigan business for referral to state, regional, or local economic development officials.

(f) The impact of research and technology development undertaken by the university, including, but not limited to, all of the following:

(i) The amount of private, state, and federal research funding received by the university.

(ii) The total amount of research spending by the university.

(iii) The number of new invention disclosures filed by university faculty, researchers, and graduate students.

(iv) The number of start-up companies formed based on university-generated inventions and the number of those companies headquartered in Michigan.

(v) The number of new licensing agreements with corporate partners and the amount of university revenue generated from licensing new technologies.

(vi) The number of patent applications filed by the university and the number of patents granted to the university.

(vii) The number of jobs created or retained in Michigan attributed to university-generated research and technology transfer.

Sec. 713. (1) In light of the state's current economic conditions, it is the intent of the legislature that, to the extent possible, state universities consolidate programs, services, and resources among themselves in order to realize economic efficiencies.

(2) By March 1, 2008, each state university shall submit a report on its efforts under subsection (1) to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director.

Sec. 714. Not later than February 1, 2008, each of the state universities receiving appropriations in part 1 shall submit to the state budget director, members of the house of representatives and the senate, and the house and senate fiscal agencies a report on the number of residents from an eligible county enrolled at the university and the quantifiable increase from the 2006-2007 academic year to the 2007-2008 academic year in outreach efforts to enroll students at the university from an eligible county. As used in this section, "eligible county" means a county in this state that meets both of the following:

(a) Has a population of not less than 700,000 and not more than 1,000,000 according to the most recent federal decennial census.

(b) Does not contain the main campus of a 4-year public university within its boundaries.".

The question being on the adoption of the amendments offered by Reps. Caul and Alma Smith,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Caul and Alma Smith,

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

Roll Call No. 310 Yeas--51

Agema Garfield Mayes Sak

Amos Green Meekhof Schuitmaker

Ball Hansen Melton Shaffer

Booher Hoogendyk Meltzer Sheen

Brown Horn Moolenaar Smith, Alma

Calley Huizenga Moore Spade

Casperson Hune Nitz Stahl

Caul Jones, Robert Nofs Stakoe

Coulouris Knollenberg Opsommer Steil

Dean Law, David Palmer Walker

DeRoche LeBlanc Pastor Ward

Elsenheimer Lindberg Pearce Wenke

Espinoza Marleau Proos

Nays--59

Accavitti Corriveau Hopgood Pavlov

Acciavatti Cushingberry Jackson Polidori

Angerer Dillon Johnson Robertson

Bauer Donigan Jones, Rick Rocca

Bennett Ebli Lahti Scott

Bieda Emmons LaJoy Sheltrown

Brandenburg Farrah Law, Kathleen Simpson

Byrnes Gaffney Leland Smith, Virgil

Byrum Gillard Lemmons Tobocman

Caswell Gonzales McDowell Vagnozzi

Cheeks Griffin Meadows Valentine

Clack Hammel Meisner Warren

Clemente Hammon Miller Wojno

Condino Hildenbrand Moss Young

Constan Hood Palsrok

In The Chair: Jackson

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

The motion prevailed.

______

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Thursday, August 23, at 12:01 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bills had been received on Wednesday, August 22:

Senate Bill Nos. 232 238 240

Messages from the Senate

House Bill No. 4517, entitled

A bill to amend 1867 PA 20, entitled "An act relative to recording deeds, mortgages and instruments of record, and to declare the effect thereof," by amending section 1 (MCL 565.491), as amended by 1992 PA 211.

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

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

House Bill No. 4519, entitled

A bill to amend 1915 PA 123, entitled "An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits," by amending section 2 (MCL 565.452).

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

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

House Bill No. 4641, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 21 (MCL 280.21), as amended by 1989 PA 134.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 111, entitled

A bill to amend 1959 PA 243, entitled "An act to define, license and regulate trailer coach parks; to prescribe the powers and duties of the state health commissioner and other state and local officers; to provide for the levy and collection of specific taxes on occupied trailers in trailer coach parks and the disposition of the revenues therefrom; to provide remedies and penalties for the violation of this act; and to repeal certain acts and parts of acts," by amending section 41 (MCL 125.1041).