No. 37

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, April 28, 2011.

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

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

Agema—present Gilbert—present Lipton—present Pscholka—present

Ananich—present Glardon—present Liss—present Rendon—present

Barnett—present Goike—present Lori—present Rogers—present

Bauer—present Haines—excused Lund—present Rutledge—present

Bledsoe—present Hammel—present Lyons—present Santana—present

Bolger—present Haugh—present MacGregor—present Schmidt, R.—present

Brown—present Haveman—present MacMaster—present Schmidt, W.—present

Brunner—present Heise—present McBroom—present Scott—present

Bumstead—present Hobbs—present McCann—present Segal—present

Byrum—present Hooker—present McMillin—present Shaughnessy—present

Callton—present Horn—present Meadows—present Shirkey—present

Cavanagh—present Hovey-Wright—present Melton—present Slavens—present

Clemente—present Howze—present Moss—present Smiley—present

Constan—present Hughes—present Muxlow—present Somerville—present

Cotter—present Huuki—present Nathan—present Stallworth—present

Crawford—present Irwin—present Nesbitt—present Stamas—present

Daley—present Jackson—present O’Brien—present Stanley—present

Damrow—present Jacobsen—present Oakes—present Stapleton—present

Darany—present Jenkins—present Olson—present Switalski—present

Denby—present Johnson—present Olumba—present Talabi—present

Dillon—present Kandrevas—present Opsommer—present Tlaib—present

Durhal—present Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—present Outman—present Tyler—present

Forlini—present Kurtz—present Pettalia—present Walsh—present

Foster—present LaFontaine—present Poleski—present Womack—present

Franz—present Lane—present Potvin—present Yonker—present

Geiss—present LeBlanc—present Price—present Zorn—present

Genetski—present Lindberg—present

e/d/s = entered during session

Mr. Mike Jackson, of Rugged Cross Church in Hancock, offered the following invocation:

“I am a slave of Jesus Christ.

I fear the LORD, the God of heaven, who made the sea and the dry land, (Jonah 1:9) the God of the ancient Hebrew, the God of Abraham, and Isaac, and Jacob. (Exodus 3:6)

The Great I AM! (Exodus 3:14)

Blessed be the Name of the LORD. (Job 1:21)

O LORD, our Lord, how majestic is Your Name in all the earth! You who have set Your glory above the heavens. When I look at Your heavens, the work of Your fingers, the moon and the stars, which You have set in place, what is man that You are mindful of him, and the son of man that You care for him? (Psalms 8:1 & 3-4)

O LORD, You search the hearts of all men and You know them! (Psalms 139:1)

And I, O LORD, am a man of unclean lips, and I dwell in the midst of a people of unclean lips. I am undone! (Isaiah 6:5)

For, Your wrath O God is revealed from heaven against all ungodliness and unrighteousness of men, we who by our unrighteousness suppress the truth. For what can be known about You is plain to us, because You have shown it to us. For Your invisible attributes, namely, Your eternal power and divine nature, have been clearly perceived, ever since the creation of the world, in the things that have been made. So we are all without excuse.

For although we have known You, we have not honored You as God or given thanks to You, but we have become futile in our thinking, and our foolish hearts have been darkened. Claiming to be wise, we have become fools, and exchanged the glory of You, our immortal God, for images of the mortal. (Romans 1:18-23)

Have mercy on us, O God, according to Your steadfast love; according to Your abundant mercy blot out our transgressions. Wash us thoroughly from our iniquity, and cleanse us from our sin! Grant us repentance, O God, for against You, You only, have we sinned. (Psalms 51:1-4)

You who so loved the world, that You gave Your one and only Son, that whoever believes in Him should not perish but have eternal life. (John 3:16)

Praise You O Christ!

Praise You Jesus our Lord, You who have been delivered up for the sins of Your people and raised for their justification. (Romans 4:25)

O Christ, may Your people, Your sheep, hear Your voice! Call them by name Lord Jesus! (John 10:3)

O Father, that Your Son would have the reward of His sufferings, this day, in this place.

Please, show us Your glory!

Make Your goodness pass before us. Be gracious, O LORD, to whom You will be gracious, and show mercy on whom You will show mercy. (Exodus 33:18 &19)

O that at the name of Jesus every knee should bow, in heaven and on earth and under the earth, and every tongue confess that Jesus Christ is Lord, to the glory of God the Father. (Philippians 2:10-11)

Amen.”

______

Rep. Lund moved that Rep. Haines be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Goike, Barnett, Constan, Crawford, Darany, Denby, Dillon, Heise, Hooker, Horn, Huuki, Kowall, LeBlanc, Liss, McCann, Poleski, Slavens and Tyler offered the following resolution:

House Resolution No. 69.

A resolution to declare April 28, 2011, as Community College Day in the state of Michigan.

Whereas, The first Michigan two-year college, Grand Rapids Junior College, opened in 1914 and provided high school graduates with two years of general education classes preparing them for future education or workforce experience; and

Whereas, Twenty-seven additional community colleges have been established throughout the state of Michigan since 1914. The community colleges of Michigan include Alpena Community College, Bay College, Delta College, Glen Oaks Community College, Gogebic Community College, Grand Rapids Community College, Henry Ford Community College, Jackson Community College, Kalamazoo Valley Community College, Kellogg Community College, Kirtland Community College, Lake Michigan Community College, Lansing Community College, Macomb Community College, Mid Michigan Community College, Monroe County Community College, Montcalm Community College, Mott Community College, Muskegon Community College, North Central Community College, Northwestern Michigan College, Oakland Community College, St. Clair County Community College, Schoolcraft College, Southwestern Michigan College, Washtenaw Community College, Wayne County Community College District, and West Shore Community College. These institutions educate nearly a half-million students each year; and

Whereas, Michigan community colleges have developed and evolved their educational offerings to include state-of-the-art technical and vocational programs while maintaining high academic standards; and

Whereas, Our state’s community colleges are now recognized as leaders in workforce preparation, training, and retraining, as well as offering community services and cultural opportunities to Michigan communities; and

Whereas, Students investing in a Michigan community college education enjoy an attractive return on investment because of future earning capacity; and

Whereas, The role community colleges play in Michigan’s economic development continues to be more vital as our state’s workforce looks to compete both nationally and globally for the jobs of tomorrow; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 28, 2011, as Community College Day in the state of Michigan. We urge appropriate observance of this occasion; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Community College Association members as a token of our appreciation.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Nesbitt, Barnett, Brown, Constan, Crawford, Darany, Denby, Dillon, Heise, Hooker, Horn, Huuki, Kowall, LeBlanc, Liss, McCann, Poleski, Slavens and Tyler offered the following resolution:

House Resolution No. 70.

A resolution to declare April 2011 as Esophageal Cancer Awareness Month in the state of Michigan.

Whereas, With more than 16,500 new cases in the United States in 2010, esophageal cancer is one of the fastest growing cancer diagnoses in our nation; and

Whereas, Esophageal cancer is a disease in which cancer cells form in the tissues of the esophagus, often preceded by symptoms of pain or difficulty swallowing, indigestion, heartburn, hoarseness and coughing. Risk factors for esophageal cancer include gastric reflux, heavy alcohol and tobacco use; and

Whereas, Esophageal cancer is often discovered during advanced stages, but if discovered early, chances for recovery and survival are far better, and treatments for the disease include surgery, chemotherapy, radiation, laser therapy and electrocoagulation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2011 as Esophageal Cancer Awareness Month in the state of Michigan. We encourage citizens to pay attention to esophageal cancer symptoms in order to promote early detection.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4361, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending the title and sections 2, 4, 6, 24, 26, 28, 30, 30f, 36, 51, 51a, 52, 91, 102, 103, 105, 110, 115, 132, 195, 201, 251, 255, 256, 265, 266, 270, 271, 278, 301, 311, 315, 322, 325, 351, 355, 365, 402, 408, 451, 455, 471, 475, 510, 512, 514, 520, 522, 526, 527a, 530, and 532 (MCL 206.2, 206.4, 206.6, 206.24, 206.26, 206.28, 206.30, 206.30f, 206.36, 206.51, 206.51a, 206.52, 206.91, 206.102, 206.103, 206.105, 206.110, 206.115, 206.132, 206.195, 206.201, 206.251, 206.255, 206.256, 206.265, 206.266, 206.270, 206.271, 206.278, 206.301, 206.311, 206.315, 206.322, 206.325, 206.351, 206.355, 206.365, 206.402, 206.408, 206.451, 206.455, 206.471, 206.475, 206.510, 206.512, 206.514, 206.520, 206.522, 206.526, 206.527a, 206.530, and 206.532), section 4 as amended by 2003 PA 52, section 26 as amended by 2003 PA 50, section 30 as amended by 2009 PA 134, section 30f as added by 2000 PA 163, sections 51 and 270 as amended by 2007 PA 94, sections 51a, 255, 256, 301, and 475 as amended by 1996 PA 484, section 52 as added by 1988 PA 1, section 110 as amended by 2003 PA 21, section 265 as amended by 1998 PA 19, section 266 as amended by 2008 PA 447, section 278 as added by 2010 PA 235, section 311 as amended by 2004 PA 199, section 315 as amended by 2003 PA 49, sections 325 and 514 as amended by 1987 PA 254, sections 351, 355, and 365 as amended by 2008 PA 360, section 402 as added and section 408 as amended by 1980 PA 169, section 451 as amended by 2003 PA 46, section 471 as amended by 2002 PA 486, sections 510 and 520 as amended by 1995 PA 245, section 512 as amended by 2003 PA 29, section 522 as amended by 2000 PA 41, section 527a as amended by 2004 PA 335, and section 530 as amended by 1982 PA 480, by designating sections 1 to 532 as part 1, and by adding section 421 and part 2; 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. 88 Yeas—56

Agema Glardon Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Damrow Jacobsen Nesbitt Shaughnessy

Denby Jenkins O’Brien Shirkey

Farrington Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Pettalia Yonker

Gilbert Lori Poleski Zorn

Nays—53

Ananich Geiss Lindberg Schmidt, R.

Barnett Goike Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Haugh Lund Smiley

Brown Hobbs McCann Somerville

Brunner Hovey-Wright Meadows Stallworth

Byrum Howze Melton Stanley

Cavanagh Irwin Nathan Stapleton

Clemente Jackson Oakes Switalski

Constan Kandrevas Olumba Talabi

Darany LaFontaine Outman Tlaib

Dillon Lane Rutledge Townsend

Durhal LeBlanc Santana Womack

Forlini

In The Chair: Walsh

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

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

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending the title and sections 2, 4, 6, 24, 26, 30, 30f, 36, 51, 52, 91, 102, 103, 105, 110, 115, 132, 195, 201, 251, 255, 256, 265, 266, 270, 271, 272, 278, 301, 311, 315, 322, 325, 351, 355, 365, 402, 408, 451, 455, 471, 475, 508, 510, 512, 514, 520, 522, 526, 527a, 530, and 532 (MCL 206.2, 206.4, 206.6, 206.24, 206.26, 206.30, 206.30f, 206.36, 206.51, 206.52, 206.91, 206.102, 206.103, 206.105, 206.110, 206.115, 206.132, 206.195, 206.201, 206.251, 206.255, 206.256, 206.265, 206.266, 206.270, 206.271, 206.272, 206.278, 206.301, 206.311, 206.315, 206.322, 206.325, 206.351, 206.355, 206.365, 206.402, 206.408, 206.451, 206.455, 206.471, 206.475, 206.508, 206.510, 206.512, 206.514, 206.520, 206.522, 206.526, 206.527a, 206.530, and 206.532), section 4 as amended by 2003 PA 52, section 26 as amended by 2003 PA 50, section 30 as amended by 2009 PA 134, section 30f as added by 2000 PA 163, sections 51 and 270 as amended by 2007 PA 94, section 52 as added by 1988 PA 1, section 110 as amended by 2003 PA 21, sections 255, 256, 301, and 475 as amended by 1996 PA 484, section 265 as amended by 1998 PA 19, section 266 as amended by 2008 PA 447, section 272 as added by 2006 PA 372, section 278 as added by 2010 PA 235, section 311 as amended by 2004 PA 199, section 315 as amended by 2003 PA 49, sections 325 and 514 as amended by 1987 PA 254, sections 351, 355, and 365 as amended by 2008 PA 360, section 402 as added and section 408 as amended by 1980 PA 169, section 451 as amended by 2003 PA 46, section 471 as amended by 2002 PA 486, section 508 as amended by 1990 PA 283, sections 510 and 520 as amended by 1995 PA 245, section 512 as amended by 2003 PA 29, section 522 as amended by 2000 PA 41, section 527a as amended by 2004 PA 335, and section 530 as amended by 1982 PA 480, by designating sections 1 to 532 as part 1, and by adding part 2; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Geiss, 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:

Mr. Speaker:

I rise today in opposition to House Bill 4361.

This bill will be a fundamental shift of burden from businesses in Michigan to Michigan’s citizens. There will be an 82% reduction in corporate taxes, with Michigan’s citizens taking on a higher tax rate, seniors paying more money and school children taking a substantial hit.

In my communities, this bill will result in the closing of a library Romulus, reduction of our police force in Taylor by over 50% and the safety and welfare of my constituents being unfairly compromised due to this unprecedented windfall to corporations.

This bill, but its very nature, is Voodoo economics. In these tough economic times, by passing this legislation, we are gambling our current vitality and viability on the false premise that jobs will be created - someday.

Mr. Speaker, we cannot afford to make this gamble, and I fully refute the claims that this is the answer to solve Michigan’s problems. I did not come to Lansing to see our schools and communities decimated.

While many in this chamber have cloaked themselves in the tea parties rhetoric, I ask, where are they now? This bill raises taxes on Michigan’s taxpayers. Period. Services are guaranteed to be reduced. Period. Is this the winning formula? Pay more, get less?

As this bill is a primary example of legislative schizophrenia, where we undo promises made just a few short years ago, I have a simple message for businesses which may choose to locate to Michigan. This windfall will not last. This policy will be revisited. Enjoy your short term gains, because as this bill breaks promises that were made to food banks, communities, schools, the film industry and many others, this bill too will be revisited in the years to come.

I urge a no vote from my colleagues. Let your constituents know you are fighting for them - That you value their safety and welfare.”

Rep. Irwin, 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 measure will drastically and immediately change tax policy in Michigan for the worse. Specifically, HB 4163 shifts the burden of funding government onto seniors and low-income workers and away from corporations. After the passage of this bill into law, the total tax obligation of corporations plummets from just over 2.2 billion dollars in this fiscal year to just over 300 million dollars in the following fiscal year (according to the House Fiscal Agency). This represents a near total elimination of tax obligation for corporations and places that burden on struggling citizens. This is an unfair and unproductive tax policy. In addition, this bill removes support for urban renewal programs such as Historic Preservation Credits and Brownfield Redevelopment credits. These programs have demonstrated effectiveness in producing jobs and economic development and eliminating these credits is yet another public policy mistake folded into this monumental bill. Finally, but not comprehensively, this bill removes the favorable tax treatment for charitable donations. This is another cruel mistake that further restricts our success as a state and the success of the charitable organizations that operate here.”

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

“Mr. Speaker and members of the House:

The elimination of the EITC will have a devastating effect upon families that are in poverty. The actions of the majority party speaks to their total disregard for working families that are scrambling to keep their heads above water. With the combined actions of this House of taxing pensions, attacking collective bargaining, eliminating statutory revenue sharing, reducing the length of time for unemployment benefits, removing people in need from the public assistance rolls after 48 months retroactively, and eliminating programs that help troubled families to survive, I could not in good conscience, support this or any other legislation that will hurt my district’s people more.”

Rep. Hovey-Wright, 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:

While I agree that changes need to be made to the tax on business, these changes are in the wrong direction. The huge tax shift from business to seniors, the working poor and middle class will not serve to grow the economy or produce jobs.”

Rep. Lund, 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:

While I applaud the efforts put forth here to make Michigan a more attractive state to attract and grow jobs, specifically the elimination of the Michigan Business Tax…there are some of the provisions of the bill I disagree with.

I am hopeful that as our economy recovers, jobs grow, and unemployment shrinks, we can revisit some of the provisions of these bills that are difficult to accept for my constituents.

Unfortunately, as it stands, I must vote on the bills in their entirety. As such, I must cast a No vote.”

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

“Mr. Speaker and members of the House:

The people of Michigan sent us here to solve the state’s problems - not win philosophical arguments. Instead, we’ve seen nothing but a parade of legislation pushing a Far-Right agenda to strip worker rights and balance Michigan’s budget by shifting the burden of paying our bills from corporations to low income and older Michiganders.

There’s a double-standard at work here. When they’re calling for massive tax-cuts for corporations, the Governor and the majority in this House tell us that taxes matter. We must lower people’s taxes so they’ll behave in ways we want. The Lt. Governor places great importance on where Michigan ranks with respect to business tax climate. Yet, when they’re proposing to strip away the earned-income tax credit, they tell us that taxes don’t affect the behavior of low-income people. We can raise their taxes, plunge tens of thousands into poverty and our communities and welfare rolls won’t be affected. We have one set of principles for those who own corporations and another for the middle class, seniors and the working poor.

Cutting corporate taxes by $1.7 billion without any evidence that such a move will create good-paying jobs is not a balanced or pragmatic approach to our state’s problems. It’s ideology. It’s a plan that Grover Norquist, who is the acknowledged leader of the Far Right’s shrink-government-no-matter-what crusade in Washington, DC would heartily endorse. Norquist likes to brag that he wants to shrink government down to the size that would enable him ‘drown it in a bathtub.’ That may excite the ideologues and wealthy patrons of his cause but we should all remember that he’s talking about drowning our schools, our communities, our families.

Mr. Speaker, in addition to eliminating the EITC, this bill would impose new taxes on the majority of our seniors’ pensions, for which they have worked hard for all their lives and around which they have planned their retirements.

This bill also reneges on the Governor’s promise to support of our center cities and urban communities. By elimination the Historic Preservation Tax Credit and the Brownfield Redevelopment Credit, they have taken away proven tools that help our urban centers evolve and thrive. These are job creators and revenue enhancers for our local communities and should not be cast aside.

We need to push the reset button on this tax-cut and work with our businesses to simplify our system, reduce compliance costs and create a tax regime that works for our businesses and our people and will stand the test of time - so we are not back here in another year or two changing it all over again.”

House Bill No. 4362, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 107 and 117 (MCL 208.1107 and 208.1117), section 117 as amended by 2009 PA 142, and by adding section 500; 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. 89 Yeas—57

Agema Haveman Lyons Potvin

Bolger Heise MacGregor Price

Bumstead Hooker MacMaster Pscholka

Callton Horn McBroom Rendon

Cotter Hughes McMillin Rogers

Crawford Huuki Moss Schmidt, W.

Daley Jacobsen Muxlow Scott

Damrow Jenkins Nesbitt Shaughnessy

Denby Johnson O’Brien Shirkey

Farrington Knollenberg Olson Stamas

Foster Kowall Opsommer Tyler

Franz Kurtz Ouimet Walsh

Genetski LeBlanc Pettalia Yonker

Gilbert Lori Poleski Zorn

Glardon

Nays—52

Ananich Forlini Lindberg Schmidt, R.

Barnett Geiss Lipton Segal

Bauer Goike Liss Slavens

Bledsoe Hammel Lund Smiley

Brown Haugh McCann Somerville

Brunner Hobbs Meadows Stallworth

Byrum Hovey-Wright Melton Stanley

Cavanagh Howze Nathan Stapleton

Clemente Irwin Oakes Switalski

Constan Jackson Olumba Talabi

Darany Kandrevas Outman Tlaib

Dillon LaFontaine Rutledge Townsend

Durhal Lane Santana Womack

In The Chair: Walsh

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

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

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 107, 117, and 455 (MCL 208.1107, 208.1117, and 208.1455), section 117 as amended by 2009 PA 142 and section 455 as amended by 2010 PA 312, and by adding section 500; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 4479, entitled

A bill to amend 1969 PA 343, entitled “An act to adopt a multistate tax compact to facilitate and promote convenient, uniform, nonduplicative and proper determination of state and local tax liability of multistate taxpayers,” by amending section 1 (MCL 205.581).

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

Roll Call No. 90 Yeas—56

Agema Glardon Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Damrow Jacobsen Nesbitt Shaughnessy

Denby Jenkins O’Brien Shirkey

Farrington Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Pettalia Yonker

Gilbert Lori Poleski Zorn

Nays—53

Ananich Geiss Lindberg Schmidt, R.

Barnett Goike Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Haugh Lund Smiley

Brown Hobbs McCann Somerville

Brunner Hovey-Wright Meadows Stallworth

Byrum Howze Melton Stanley

Cavanagh Irwin Nathan Stapleton

Clemente Jackson Oakes Switalski

Constan Kandrevas Olumba Talabi

Darany LaFontaine Outman Tlaib

Dillon Lane Rutledge Townsend

Durhal LeBlanc Santana Womack

Forlini

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4480, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 40 (MCL 38.40), as amended by 2002 PA 99.

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

Roll Call No. 91 Yeas—56

Agema Glardon Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Damrow Jacobsen Nesbitt Shaughnessy

Denby Jenkins O’Brien Shirkey

Farrington Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Pettalia Yonker

Gilbert Lori Poleski Zorn

Nays—52

Ananich Forlini LeBlanc Schmidt, R.

Barnett Geiss Lindberg Segal

Bauer Goike Lipton Slavens

Bledsoe Hammel Liss Smiley

Brown Haugh Lund Somerville

Brunner Hobbs McCann Stallworth

Byrum Hovey-Wright Melton Stanley

Cavanagh Howze Nathan Stapleton

Clemente Irwin Oakes Switalski

Constan Jackson Olumba Talabi

Darany Kandrevas Outman Tlaib

Dillon LaFontaine Rutledge Townsend

Durhal Lane Santana Womack

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Rep. Meadows, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 91 because of a possible conflict of interest.”

House Bill No. 4481, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 46 (MCL 38.1346), as amended by 2002 PA 94.

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—56

Agema Glardon Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Damrow Jacobsen Nesbitt Shaughnessy

Denby Jenkins O’Brien Shirkey

Farrington Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Pettalia Yonker

Gilbert Lori Poleski Zorn

Nays—50

Ananich Geiss Liss Segal

Barnett Goike Lund Slavens

Bauer Hammel McCann Smiley

Bledsoe Haugh Meadows Somerville

Brown Hobbs Melton Stallworth

Byrum Howze Nathan Stanley

Cavanagh Irwin Oakes Stapleton

Clemente Jackson Olumba Switalski

Constan Kandrevas Outman Talabi

Darany LaFontaine Rutledge Tlaib

Dillon Lane Santana Townsend

Durhal LeBlanc Schmidt, R. Womack

Forlini Lipton

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Rep. Brunner, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 92 because of a possible conflict of interest.”

Rep. Hovey-Wright, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 92 because of a possible conflict of interest.”

Rep. Lindberg, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 92 because of a possible conflict of interest.”

House Bill No. 4482, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 57 (MCL 38.1057), as amended by 2002 PA 97.

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—109

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Hammel Lund Rutledge

Bledsoe Haugh Lyons Santana

Bolger Haveman MacGregor Schmidt, R.

Brown Heise MacMaster Schmidt, W.

Brunner Hobbs McBroom Scott

Bumstead Hooker McCann Segal

Byrum Horn McMillin Shaughnessy

Callton Hovey-Wright Meadows Shirkey

Cavanagh Howze Melton Slavens

Clemente Hughes Moss Smiley

Constan Huuki Muxlow Somerville

Cotter Irwin Nathan Stallworth

Crawford Jackson Nesbitt Stamas

Daley Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Womack

Franz LeBlanc Potvin Yonker

Geiss Lindberg Price Zorn

Genetski

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4483, entitled

A bill to amend 1927 PA 339, entitled “An act to authorize the establishment of a system of retiring allowances for employes of public libraries now existing or which may hereafter be established in incorporated cities of 250,000 population or more,” by amending section 5 (MCL 38.705).

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—56

Agema Glardon Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Damrow Jacobsen Nesbitt Shaughnessy

Denby Jenkins O’Brien Shirkey

Farrington Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Pettalia Yonker

Gilbert Lori Poleski Zorn

Nays—53

Ananich Geiss Lindberg Schmidt, R.

Barnett Goike Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Haugh Lund Smiley

Brown Hobbs McCann Somerville

Brunner Hovey-Wright Meadows Stallworth

Byrum Howze Melton Stanley

Cavanagh Irwin Nathan Stapleton

Clemente Jackson Oakes Switalski

Constan Kandrevas Olumba Talabi

Darany LaFontaine Outman Tlaib

Dillon Lane Rutledge Townsend

Durhal LeBlanc Santana Womack

Forlini

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4484, entitled

A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” by amending section 720 (MCL 38.2670), as amended by 2002 PA 95.

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

Roll Call No. 95 Yeas—57

Agema Goike Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Damrow Jacobsen Nesbitt Shaughnessy

Denby Jenkins O’Brien Shirkey

Farrington Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Pettalia Yonker

Gilbert Lori Poleski Zorn

Glardon

Nays—52

Ananich Forlini Lindberg Schmidt, R.

Barnett Geiss Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Haugh Lund Smiley

Brown Hobbs McCann Somerville

Brunner Hovey-Wright Meadows Stallworth

Byrum Howze Melton Stanley

Cavanagh Irwin Nathan Stapleton

Clemente Jackson Oakes Switalski

Constan Kandrevas Olumba Talabi

Darany LaFontaine Outman Tlaib

Dillon Lane Rutledge Townsend

Durhal LeBlanc Santana Womack

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, April 28, for his approval of the following bills:

Enrolled House Bill No. 4135 at 9:48 a.m.

Enrolled House Bill No. 4248 at 9:50 a.m.

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Thursday, April 28:

House Bill Nos. 4585 4586 4587 4588 4589 4590 4591

House Joint Resolution U

Senate Bill Nos. 347 348

Senate Joint Resolution M

The Clerk announced that the following Senate bills had been received on Thursday, April 28:

Senate Bill Nos. 174 176 181 218 219 220 265 318

Reports of Standing Committees

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

House Bill No. 4523, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2012 and September 30, 2013; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin

Nays: Reps. LeBlanc, Ananich, Bauer, Dillon, Durhal, Jackson, Lindberg and Lipton

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

House Bill No. 4524, entitled

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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin

Nays: Reps. LeBlanc, Ananich, Bauer, Dillon, Durhal, Jackson, Lindberg, Lipton and McCann

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 26, 2011

Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Jackson, Lindberg, Lipton and McCann

Absent: Rep. Tlaib

Excused: Rep. Tlaib

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

House Bill No. 4525, entitled

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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin

Nays: Reps. LeBlanc, Ananich, Bauer, Dillon, Durhal, Jackson, Lindberg, Lipton, McCann and Tlaib

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

House Bill No. 4526, entitled

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

1. Amend page 228, following line 14, by inserting:

“Sec. 662. It is the intent of the legislature that the department work with the Graafschap fire department and Laketown Township to develop a gated, limited access point along US-31 in Allegan County in order to improve emergency response times along this highway.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin

Nays: Reps. LeBlanc, Ananich, Bauer, Dillon, Durhal, Jackson, Lindberg, Lipton and McCann

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 27, 2011

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

House Bill No. 4436, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 44 and 44a (MCL 211.44 and 211.44a), section 44 as amended by 2008 PA 352 and section 44a as amended by 2008 PA 498.

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. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Shaughnessy, Rendon, Stanley, Constan, Townsend and Rutledge

Nays: Rep. Lane

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:

Meeting held on: Thursday, April 28, 2011

Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Shaughnessy, Rendon, Stanley, Constan, Townsend, Rutledge and Lane

Absent: Reps. Price and Stapleton

Excused: Reps. Price and Stapleton

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

House Bill No. 4416, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601a (MCL 257.601a), as added by 2006 PA 549.

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. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

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

Senate Bill No. 19, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 169 (MCL 750.169).

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Constan and Oakes

Nays: None

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

Senate Bill No. 99, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2010 PA 352.

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. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 28, 2011

Present: Reps. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Absent: Rep. Scott

Excused: Rep. Scott

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

House Bill No. 4325, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 1, 3, 6, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 22a, 22b, 24, 24a, 24c, 26a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 39a, 40, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 98, 99, 101, 104, 107, 109, 147, and 152a(MCL 388.1601, 388.1603, 388.1606, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632j, 388.1639, 388.1639a, 388.1640, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704, 388.1707, 388.1709, 388.1747, and 388.1752a), sections 11m, 22a, 51a, and 56 as amended by 2010 PA 217, sections 11j, 24c, 26a, 39a, 81, 94a, and 104 as amended by 2010 PA 204, sections 3, 6, 11a, 11g, 11k, 15, 18, 20, 20d, 22b, 24, 24a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 51c, 51d, 53a, 54, 61a, 62, 74, 98, 99, 101, 107, and 147 as amended by 2010 PA 110, section 40 as amended by 2000 PA 297, section 109 as amended by 1994 PA 283, section 152a as added by 2010 PA 217, and section 1 as added by 1979 PA 94; and by adding sections 173a, 173b, 173c, 174a, 174b, 175a, 175b, 176a, 176b, 176c, 176d, 176e, 176f, 176g, 181a, 181b, 181c, 181d, 181e, 182a, 182b, 182c, 182d, 182e, 183a, 183b, 183c, 183d, 183e, 183f, 183g, 184a, 184b, 184c, 184d, 184e, 184f, 184g, 185a, 185b, 185c, 186a, 186b, 191, 192, 193, 194, and 195; 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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacMaster, Poleski, Pscholka and Potvin

Nays: Reps. LeBlanc, Ananich, Bauer, Dillon, Durhal, Jackson, Lindberg, Lipton, McCann and Tlaib

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 28, 2011

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 28, 2011

Present: Reps. Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Darany, Segal and Hovey-Wright

Absent: Reps. Haines, Scott, Stallworth and Womack

Excused: Reps. Haines, Scott, Stallworth and Womack

Messages from the Senate

Senate Bill No. 171, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2012; to provide for the expenditure of those appropriations; to provide anticipated appropriations for the fiscal year ending September 30, 2013; 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.