2007-HJ-05-08-044.htm

No. 44

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Tuesday, May 8, 2007.

1:30 p.m.

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

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

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

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

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

Amos--present Elsenheimer--present Law, Kathleen--excused 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--excused 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. Kenneth B. Horn, from the 94th District, offered the following invocation:

"Dear Lord, as we begin this day's session, we ask for guidance and direction while we conduct the business of our great state. There are many challenges before us. As we proceed, may we be mindful of the history that has occurred in this Chamber. May civility and mutual respect bind us together as our debate and discussions occur. Let us remember our troops serving and those having served to protect the freedoms we enjoy in this great nation. We thank You, Lord, for the many blessings and beauty You have bestowed upon our state. This is truly 'Pure Michigan'. In Your name, we pray. Amen."

______

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

The motion prevailed.

Rep. Tobocman moved that Rep. Kathleen Law be excused from today's session.

The motion prevailed.

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 Friday, May 4:

House Bill Nos. 4709 4710 4711 4712 4713 4714 4715

Senate Bill Nos. 471 472 473 474 475 476 477 478

The Clerk announced that the following Senate bill had been received on Tuesday, May 8:

Senate Bill No. 98

Reports of Standing Committees

The Committee on Labor, by Rep. Miller, Chair, reported

House Bill No. 4316, entitled

A bill to establish the right of employees to pursue employment free from religious and political indoctrination; to limit employment actions based on attendance at, or receptivity to, employer-selected political or religious programs or communications; to prohibit retaliation for reporting or pursuing a remedy for a suspected violation of the act; and to provide sanctions and remedies.

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. Miller, Meadows, Bieda, Constan, Farrah, Hopgood and Lindberg

Nays: Reps. Wenke, LaJoy, Steil and Rick Jones

The Committee on Labor, by Rep. Miller, Chair, reported

House Bill No. 4625, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 102, 103, and 202 (MCL 37.2102, 37.2103, and 37.2202), section 102 as amended by 1992 PA 124, section 103 as amended by 1999 PA202, and section 202 as amended by 1991 PA 11.

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. Miller, Meadows, Bieda, Constan, Farrah, Hopgood and Lindberg

Nays: Reps. Wenke, LaJoy, Steil and Rick Jones

The Committee on Labor, by Rep. Miller, Chair, reported

House Bill No. 4626, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 556 (MCL 750.556).

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. Miller, Meadows, Bieda, Constan, Farrah, Hopgood and Lindberg

Nays: Reps. Wenke, LaJoy, Steil and Rick Jones

The Committee on Labor, by Rep. Miller, Chair, reported

House Bill No. 4627, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending section 202 (MCL 37.2202), as amended by 1991 PA 11.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Miller, Meadows, Bieda, Constan, Farrah, Hopgood and Lindberg

Nays: Reps. Wenke, LaJoy, Steil and Rick Jones

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 8, 2007

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

The Committee on Commerce, by Rep. Meisner, Chair, reported

House Bill No. 4261, entitled

A bill relating to the promotion of convention business and tourism in this state and certain metropolitan areas of this state; to provide for tourism and convention marketing and promotion programs in certain metropolitan areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the functions and duties of certain state departments and employees; and to prescribe penalties and remedies.

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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Johnson, Sheltrown, Hildenbrand, Huizenga, Stakoe and Rick Jones

Nays: Reps. Palsrok and Meltzer

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 8, 2007

Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Huizenga, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer

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

House Bill No. 4661, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 416 (MCL 380.416), as amended by 2004 PA 303.

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. Melton, Valentine, Angerer, Brown, Byrum, Clack, Corriveau, Dean, Lindberg, Meisner, Miller, Polidori, Moolenaar, Emmons, Hoogendyk, Steil, Hildenbrand and Knollenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 8, 2007

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 8, 2007

Present: Reps. Robert Jones, Constan, Hopgood, Lemmons, Ball, Sheen and Stahl

Absent: Reps. Warren and Green

Excused: Reps. Warren and Green

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Corriveau, Chair, of the Committee on Ethics and Elections, was received and read:

Meeting held on: Tuesday, May 8, 2007

Present: Reps. Corriveau, Clemente, Donigan, Hammon, Pearce, Ward and Wenke

Absent: Rep. Bieda

Excused: Rep. Bieda

Communications from State Officers

The following communication from the Department of State was received and read:

April 30, 2007

Pursuant to the provisions of the Campaign Finance Act, 1976 PA 388, as amended, MCL 169.1 et seq, (the "Act"), the various dollar figures specified in section 46 have been reviewed in light of the changes in the Consumer Price Index compiled by the United Sates Department of Labor and the number of registered voters in the state. By this letter I am transmitting the results of that review in accordance with the provisions of section 46. These figures are not recommendations for legislative changes.

The Consumer Price Index for August 2006 was 198.6, which represents an increase in prices of 6.32% since August of 2004. Since October of 2004 there has been a .23% increase in the number of registered voters in the state from 7,164,047 to 7,180,778.

The first column of figures (Current) is the dollar amounts included in current law. The second column (CPI) reflects the current amounts as adjusted by the Consumer Price Index. The third column (CPI and Voters) is adjusted to show the change in the number of registered voters as well as the change in the CPI.

Sincerely,

Terri Lynn Land

Secretary of State

The communication was referred to the Clerk.

The following communication from the Department of Human Services was received and read:

May 1, 2007

Public Acts 28 and 29 require the Department of Human Services (DHS) and the Department of Community Health (DCH) to provide written reports to the legislature regarding expanded criminal background check requirements. DHS has regulatory authority of homes for the aged by executive order. This report therefore includes information regarding homes for the aged regulated under PA 368, in addition to adult foster care regulated under PA 218, but does not include information regarding facilities/agencies regulated by DCH.

If you have any questions about the attached material, place contact John Sorbet, Chief Administrative Officer, at 373-7787.

Sincerely,

Marianne Udow

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

May 3, 2007

Enclosed is a copy of the following audit report and/or report summary:

Financial audit, including the provisions of the Single Audit Act, of the

State-Funded Judicial Operations,

for the period October 1, 2004 through September 30, 2006

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4629, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy andcollect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 3 (MCL 207.553), as amended by 1996 PA 1.

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

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

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

Rep. Tobocman moved that Rep. Dillon be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4629, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 3 (MCL 207.553), as amended by 1996 PA 1.

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

Roll Call No. 145 Yeas--107

Accavitti Donigan Lahti Polidori

Acciavatti Ebli LaJoy Proos

Agema Elsenheimer Law, David Robertson

Amos Emmons LeBlanc Rocca

Angerer Espinoza Leland Sak

Ball Farrah Lemmons Schuitmaker

Bauer Gaffney Lindberg Scott

Bennett Garfield Marleau Shaffer

Bieda Gillard Mayes Sheen

Booher Gonzales McDowell Sheltrown

Brandenburg Green Meadows Simpson

Brown Griffin Meekhof Smith, Alma

Byrnes Hammel Meisner Smith, Virgil

Byrum Hammon Melton Spade

Calley Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Cheeks Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

DeRoche Knollenberg Pearce

Nays--0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 400, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2005 PA 267.

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

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

Rep. Simpson moved to amend the bill as follows:

1. Amend page 2, line 26, after "CENTER," by inserting "OPERATION OF A MOTORSPORTS ENTERTAINMENT COMPLEX,".

2. Amend page 6, following line 16, by inserting:

"(15) "MOTORSPORTS ENTERTAINMENT COMPLEX" MEANS A CLOSED-COURSE MOTORSPORTS FACILITY, AND ITS ANCILLARY GROUNDS AND FACILITIES, THAT SATISFIES ALL OF THE FOLLOWING:

(A) HAS AT LEAST 70,000 FIXED SEATS FOR RACE PATRONS.

(B) HAS AT LEAST 6 SCHEDULED DAYS OF MOTORSPORTS EVENTS EACH CALENDAR YEAR, AT LEAST 2 OF WHICH SHALL BE COMPARABLE TO NASCAR NEXTEL CUP EVENTS HELD IN 2007 OR THEIR SUCCESSOR EVENTS.

(C) SERVES FOOD AND BEVERAGES AT THE FACILITY DURING SANCTIONED EVENTS EACH CALENDAR YEAR THROUGH CONCESSION OUTLETS, A MAJORITY OF WHICH ARE STAFFED BY INDIVIDUALS WHO REPRESENT OR ARE MEMBERS OF 1 OR MORE NONPROFIT CIVIC OR CHARITABLE ORGANIZATIONS THAT DIRECTLY FINANCIALLY BENEFIT FROM THE CONCESSION OUTLETS' SALES.

(D) ENGAGES IN TOURISM PROMOTION.

(E) HAS PERMANENT EXHIBITIONS OF MOTORSPORTS HISTORY, EVENTS, OR VEHICLES.".

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

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 400, 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. 146 Yeas--107

Accavitti Donigan Lahti Polidori

Acciavatti Ebli LaJoy Proos

Agema Elsenheimer Law, David Robertson

Amos Emmons LeBlanc Rocca

Angerer Espinoza Leland Sak

Ball Farrah Lemmons Schuitmaker

Bauer Gaffney Lindberg Scott

Bennett Garfield Marleau Shaffer

Bieda Gillard Mayes Sheen

Booher Gonzales McDowell Sheltrown

Brandenburg Green Meadows Simpson

Brown Griffin Meekhof Smith, Alma

Byrnes Hammel Meisner Smith, Virgil

Byrum Hammon Melton Spade

Calley Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Cheeks Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

DeRoche Knollenberg Pearce

Nays--0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4588, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 263 (MCL 18.1263), as amended by 2004 PA 589.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Intergovernmental, Urban and Regional Affairs,

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

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4588, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 263 (MCL 18.1263), as amended by 2004 PA 589.

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

Roll Call No. 147 Yeas--107

Accavitti Donigan Lahti Polidori

Acciavatti Ebli LaJoy Proos

Agema Elsenheimer Law, David Robertson

Amos Emmons LeBlanc Rocca

Angerer Espinoza Leland Sak

Ball Farrah Lemmons Schuitmaker

Bauer Gaffney Lindberg Scott

Bennett Garfield Marleau Shaffer

Bieda Gillard Mayes Sheen

Booher Gonzales McDowell Sheltrown

Brandenburg Green Meadows Simpson

Brown Griffin Meekhof Smith, Alma

Byrnes Hammel Meisner Smith, Virgil

Byrum Hammon Melton Spade

Calley Hansen Meltzer Stahl

Caswell Hildenbrand Miller Stakoe

Caul Hood Moolenaar Steil

Cheeks Hoogendyk Moore Tobocman

Clack Hopgood Moss Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palmer Warren

Coulouris Johnson Palsrok Wenke

Cushingberry Jones, Rick Pastor Wojno

Dean Jones, Robert Pavlov Young

DeRoche Knollenberg Pearce

Nays--0

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

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

Second Reading of Bills

House Bill No. 4261, 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 Commerce,

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

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

The motion prevailed.

Rep. Tobocman moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4261, 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. 148 Yeas--64

Accavitti Cushingberry Horn Miller

Ball Dean Huizenga Opsommer

Bauer Donigan Jackson Pearce

Bennett Ebli Johnson Polidori

Bieda Emmons Jones, Rick Sak

Booher Farrah Jones, Robert Scott

Brandenburg Gaffney Lahti Sheltrown

Byrnes Gillard LeBlanc Smith, Alma

Byrum Gonzales Leland Smith, Virgil

Calley Green Lemmons Stakoe

Cheeks Hammel Lindberg Steil

Clack Hammon Mayes Tobocman

Clemente Hansen Meadows Vagnozzi

Condino Hildenbrand Meekhof Warren

Constan Hood Meisner Wojno

Coulouris Hopgood Melton Young

Nays--43

Acciavatti Garfield Moore Schuitmaker

Agema Griffin Moss Shaffer

Amos Hoogendyk Nitz Sheen

Angerer Hune Nofs Simpson

Brown Knollenberg Palmer Spade

Caswell LaJoy Palsrok Stahl

Caul Law, David Pastor Valentine

Corriveau Marleau Pavlov Walker

DeRoche McDowell Proos Ward

Elsenheimer Meltzer Robertson Wenke

Espinoza Moolenaar Rocca

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

"Mr. Speaker and members of the House:

When this issue came before the House in the last session, it was limited to the City of Grand Rapids. I supported the bill at that time. Today, we have a bill that has been expanded to include Grand Rapids and Ingham counties, which begs the question as to why we do not open up the same opportunities to other counties throughout the state."

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Sak, Melton, Accavitti, Angerer, Ball, Bauer, Bieda, Booher, Brown, Byrnes, Byrum, Caswell, Caul, Clack, Condino, Constan, Dean, Donigan, Espinoza, Farrah, Gillard, Gonzales, Hammel, Hammon, Hood, Hopgood, Johnson, Rick Jones, Robert Jones, LaJoy, David Law, LeBlanc, Leland, Lemmons, Lindberg, Marleau, Mayes, Meekhof, Miller, Palsrok, Pearce, Polidori, Proos, Rocca, Scott, Shaffer, Sheltrown, Spade, Tobocman, Vagnozzi, Valentine, Wojno and Hansen offered the following resolution:

House Resolution No. 94.

A resolution recognizing May 8, 2007, as Teacher Appreciation Day in the state of Michigan.

Whereas, A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and

Whereas, The United States and the state of Michigan have made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and

Whereas, Much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children; and

Whereas, Teachers should be accorded high esteem, reflecting the value our community places on public education; and

Whereas, The importance and impact of teachers on children is known nationwide; and

Whereas, It is appropriate that teachers be recognized for their dedication and commitment to educating their students; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby recognize May 8, 2007, as Teacher Appreciation Day in the state of Michigan.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Melton, Sak, Accavitti, Angerer, Ball, Bauer, Bieda, Brown, Byrnes, Caswell, Clack, Condino, Constan, Dean, Donigan, Espinoza, Farrah, Gillard, Gonzales, Hammel, Hammon, Hood, Hoogendyk, Hopgood, Huizenga, Johnson, Rick Jones, Robert Jones, Knollenberg, LaJoy, David Law, LeBlanc, Leland, Lemmons, Lindberg, Marleau, Mayes, Meekhof, Miller, Palsrok, Pearce, Polidori, Proos, Rocca, Scott, Shaffer, Sheltrown, Spade, Tobocman, Vagnozzi, Valentine, Wojno and Hansen offered the following resolution:

House Resolution No. 95.

A resolution recognizing May 7-11, 2007, as Teacher Appreciation Week in the state of Michigan.

Whereas, A strong, effective system of free public school education for all children and youth is essential to our democratic system of government; and

Whereas, The United States and the State of Michigan has made considerable progress in the social, technological and scientific fields due to our system of free and universal public education; and

Whereas, Much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children; and

Whereas, Teachers should be accorded high esteem, reflecting the value our community places on public education; and

Whereas, The importance and impact of teachers on children is known nationwide; and

Whereas, It is appropriate that teachers be recognized for their dedication and commitment to educating their students; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby recognize May 7-11, 2007, as Teacher Appreciation Week in the State of Michigan.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Byrum, Bauer, Meadows, LeBlanc, Coulouris, Hammon, Emmons, Hammel, Condino, Simpson, Sak, McDowell, Corriveau, Mayes, Gonzales, Cushingberry, Valentine, Johnson, Accavitti, Ball, Bieda, Brown, Byrnes, Clack, Constan, Dean, Donigan, Espinoza, Gillard, Hopgood, Robert Jones, Leland, Marleau, Miller, Sheltrown and Vagnozzi offered the following resolution:

House Resolution No. 96.

A resolution to express opposition to Norfolk Southern Corporation's proposed sale of its rail line between Lansing and Jackson.

Whereas, The Norfolk Southern Corporation is considering the sale of several Michigan lines, including the line that runs between Lansing and Jackson. Traffic on Michigan's rail lines has increased over the past two years. Expanding both freight and passenger rail service is being promoted as a solution to rising oil prices, pollution, and increased highway congestion. The sale or closure of rail lines could be counterproductive to efforts to improve Michigan's economy; and

Whereas, The Norfolk Southern lines are vital links between Michigan cities and between Michigan and neighboring states. Expanding rail capacity on the Lansing/Jackson line is essential to the future development of this area. New industry, including production plants for coal energy, biodiesel, and ethanol fuel, is proposed for Michigan and the railroad will play an integral role in moving products and supplies. Continued operation of this line by Norfolk Southern is essential to expansion of new industry in Michigan; and

Whereas, Norfolk Southern is a Class One railroad operator, earning revenue in excess of $250 million annually. As a Class One operator, Norfolk Southern has the capacity to maintain and promote the use of these lines. The proposed sale of the Lansing to Jackson line will almost certainly place the line under the management of a Class Three operator, a rail company earning revenue of $20 million or less annually. A Class Three operator may be far less likely to have the means to maintain the line, thus increasing the chance of accidents. Class Three operators also rely on federal grants for line and equipment maintenance - grants that are not always guaranteed; now, therefore, be it

Resolved by the House of Representatives, That we express opposition to Norfolk Southern's proposed sale of its rail line between Lansing and Jackson; 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; members of the Michigan congressional delegation; the United States Department of Transportation, Surface Transportation Board; the Norfolk Southern Corporation; AMTRAK; and the Michigan Department of Transportation.

The resolution was referred to the Committee on Agriculture.

Reps. Byrum, LeBlanc, Hammel, Bauer, Ebli, Lindberg, Brown, Robert Jones, Hammon, Agema, Proos, Opsommer, Ball, Acciavatti, Robertson, Byrnes, Clemente, Pearce, Condino, Meisner, McDowell, Corriveau, Bieda, Gonzales, Cushingberry, Valentine, Johnson, Accavitti, Angerer, Caswell, Clack, Constan, Dean, Donigan, Espinoza, Farrah, Gillard, Hood, Hopgood, Leland, Lemmons, Marleau, Mayes, Miller, Polidori, Rocca, Sak, Scott, Shaffer, Sheltrown, Spade, Tobocman, Vagnozzi, Wojno and Hansen offered the following resolution:

House Resolution No. 97.

A resolution recognizing the National Association of Letter Carriers' 15th annual "Stamp Out Hunger!" food drive in the state of Michigan.

Whereas, Beginning in 1993, the nation's letter carriers have collected food donations to be delivered to food banks and pantries in their local communities; and

Whereas, According to America's Second Harvest, 35 million people live in households that experience the risk of hunger. One in four people who are in line at soup kitchens are children; and

Whereas, "Stamp Out Hunger!" is the nation's largest single day food drive, having collected more than 765 million pounds of food since its inception in 1993; and

Whereas, Last year, "Stamp Out Hunger!" collected over 70 million pounds of food across the United States; now, therefore, be it

Resolved, That the members of this legislative body recognize and thank the National Association of Letter Carriers for their hard work and dedication to the "Stamp Out Hunger!" food drive; and be it further

Resolved, That all Michigan citizens know that they can do their part to help those in need by leaving non-perishable foods for their letter carrier where your mail is delivered on May 12, 2007.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

House Bill No. 4327, entitled

A bill to repeal 1939 PA 113, entitled "An act relative to domestic or foreign grown tomatoes; and to prescribe penalties for the violation of the provisions of this act," (MCL 752.751 to 752.752).

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.

Senate Bill No. 98, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10 (MCL 247.660), as amended by 2006 PA 178.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Rick Jones, Calley, Pastor, Schuitmaker, Moss, David Law, Moolenaar, Caswell, Opsommer, Stahl and Palsrok introduced

House Bill No. 4716, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.

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

Reps. Opsommer, Caswell, Moolenaar, Rick Jones, Calley, Schuitmaker, Moss, LaJoy, David Law, Ball, Booher, Knollenberg, Stahl and Palsrok introduced

House Bill No. 4717, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 47 (MCL 169.247), as amended by 2001 PA 250, and by adding section 48.

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

Reps. David Law, Pastor, Rick Jones, Calley, Schuitmaker, Moss, Moolenaar, Ball, Caswell, Opsommer, Booher, Knollenberg, Stahl and Palsrok introduced

House Bill No. 4718, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 33 (MCL 169.233), as amended by 1999 PA 238.

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

Reps. Ward, Pastor, Rick Jones, Calley, Schuitmaker, Moss, David Law, Moolenaar, Ball, Caswell, Opsommer, Booher, Knollenberg, Stahl and Palsrok introduced

House Bill No. 4719, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 15, 17, 24, 32, 33, 34, and 35 (MCL 169.215, 169.217, 169.224, 169.232, 169.233, 169.234, and 169.235), section 15 as amended by 2001 PA 250, section 17 as amended by 1989 PA 95, section 24 as amended by 1999 PA 237, section 32 as amended by 1999 PA 236, sections 33 and 34 as amended by 1999 PA 238, and section 35 as amended by 2000 PA 75, and by adding section 15a.

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

Reps. Caul, Gaffney, Nofs, Meekhof, Opsommer, Meadows, Dean, Moolenaar and Booher introduced

House Bill No. 4720, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section17751a.

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

Reps. Bennett, Valentine, Polidori, Gonzales, Spade, Hood, Meisner, Miller, Hammel, Bauer, Vagnozzi, Alma Smith, Young, Warren, Meadows, Lindberg, Ebli, Stakoe, Tobocman and Dean introduced

House Bill No. 4721, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section20129a (MCL 324.20129a), as amended by 2005 PA 42.

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

Reps. Nitz, Ball, Proos, Shaffer, Meekhof, Meadows, Vagnozzi and Stakoe introduced

House Bill No. 4722, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections80101, 80171, 80176, 80180, 80181, 80183, 80184, 80187, and 80190 (MCL 324.80101, 324.80171, 324.80176, 324.80180, 324.80181, 324.80183, 324.80184, 324.80187, and 324.80190), section 80101 as amended by 2004 PA 547, sections 80171, 80181, and 80190 as added by 1995 PA 58, section 80176 as amended by 2001 PA 12, and sections80180, 80183, 80184, and 80187 as amended by 1996 PA 174.

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

Reps. Green, Rick Jones, Stahl, Hildenbrand, Opsommer, Meltzer, Stakoe, Marleau, Agema and Huizenga introduced

House Bill No. 4723, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2169 (MCL 600.2169), as amended by 1993 PA 78.

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

Reps. Rick Jones, Green, Stahl, Hildenbrand, Meekhof, Opsommer, Meltzer and Huizenga introduced

House Bill No. 4724, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221, 16226, 16245, 17001, and 17501 (MCL 333.16221, 333.16226, 333.16245, 333.17001, and 333.17501), sections 16221 and 16226 as amended by 2004 PA 214, section 16245 as amended by 2006 PA 26, and sections 17001 and 17501 as amended by 2006 PA 161, and by adding section 16182a.

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

Reps. Condino, Rick Jones, Vagnozzi, Robert Jones, Meadows, Kathleen Law, Byrnes, Hammon, Meisner, Donigan and Polidori introduced

House Bill No. 4725, entitled

A bill to amend 1982 PA 325, entitled "An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide remedies for a county jail overcrowding state of emergency," by amending sections 1, 2, 3, 4, 5, 9, and 10 (MCL 801.51, 801.52, 801.53, 801.54, 801.55, 801.59, and 801.60), section 9 as amended by 1988 PA 399, and by adding sections 1a, 9a, and 9b.

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

Reps. Cushingberry and Gillard introduced

House Bill No. 4726, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 102 (MCL 484.1102), as amended by 1999 PA 80, and by adding section 408a.

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

Reps. Byrum, Brown, Mayes, Espinoza, Lahti, Byrnes, Valentine, McDowell, Condino, Simpson, Meisner, Corriveau, Gonzales, Cushingberry and Johnson introduced

House Bill No. 4727, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 273.

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

Reps. Sheen, Stakoe, Caswell, Palmer, Moore, Hoogendyk, Booher, Shaffer, Knollenberg, Meekhof, Marleau, Nofs, Ball, Meltzer, Agema, LaJoy, Garfield, Elsenheimer, Casperson, Robertson, Emmons, Wenke, Calley, Rick Jones, Stahl, Steil, Horn, Pavlov, Acciavatti, David Law, Gaffney, Palsrok, Opsommer, Moss, Schuitmaker and Pastor introduced

House Joint Resolution L, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 3, 7, 8, 10, and 11 of article IX and by adding section 43 to article IX, to eliminate property tax on personal property, to eliminate the state income tax, to revise the sales tax rate and the use tax rate, to prohibit state taxation of certain real property, to prohibit the imposition of new state taxation of business activity, and to revise distribution of revenue to local units of government.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Bill No. 350, entitled

A bill to establish the animal welfare fund in the department of agriculture; to provide for the distribution of money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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, Leland, Sheltrown, Walker, Nitz, Ball and Meekhof

Nays: None

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

House Resolution No. 64.

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

(For text of resolution, see House Journal No. 35, p. 491.)

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. Mayes, Byrum, Angerer, Brown, Leland, Sheltrown, Nitz and Ball

Nays: None

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

House Resolution No. 77.

A resolution to memorialize the Congress of the United States to fund fully the Select Michigan agricultural program through the United States Department of Agriculture.

(For text of resolution, see House Journal No. 39, p. 549.)

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. Mayes, Byrum, Angerer, Brown, Leland, Sheltrown, 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: Tuesday, May 8, 2007

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

Absent: Rep. Kathleen Law

Excused: Rep. Kathleen Law

______

Rep. Meadows moved that the House adjourn.

The motion prevailed, the time being 5:00 p.m.

Associate Speaker Pro Tempore Byrnes declared the House adjourned until Wednesday, May 9, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives