No. 53

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature


REGULAR SESSION OF 2007


House Chamber, Lansing, Friday, May 25, 2007.

10:00 a.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Clack--present Hopgood--present Moss--excused 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--excused 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. Robert B. Jones, from the 60th District, offered the following invocation:

"Father we come to You today asking for Your blessing. We ask for Your blessing for reason, moderation and above all service to the great people of this great state. Father we ask that You help us put service before self. And we ask that You direct and guide our leaders with wisdom and discernment. Father we ask that You bless this nation and all its leaders from the President to the lowest official. We ask that You look after and protect our servicemen that are serving this country in foreign lands and foreign wars. We ask that You bless our law enforcement officers. Bless our police, firefighters and all those who risk their lives providing services to the public. Most of all Father we ask that You bless the deliberations of this body that we together reach resolution for this great state so that we can do Your will. We ask that You consider these blessings and ask that You bless everyone here today. In thy son Jesus name we pray. Amen."

______

Rep. Booher moved that Reps. Garfield, Moss and Palmer be excused from today's session.

The motion prevailed.

Rep. Miller moved that Rep. Cheeks be excused from today's session.

The motion prevailed.

Motions and Resolutions

Rep. Angerer moved that Rule 42 be suspended.

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

Rep. Angerer moved that the Committee on Education be discharged from further consideration of House Bill No. 4797.

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

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

Rep. Angerer moved that Rule 42 be suspended.

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

Rep. Angerer moved that the Committee on Education be discharged from further consideration of House Bill No. 4798.

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

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

Rep. Angerer moved that Rule 42 be suspended.

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

Rep. Angerer moved that the Committee on Education be discharged from further consideration of Senate Bill No.188.

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

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

Rep. Angerer moved that Rule 42 be suspended.

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

Rep. Angerer moved that the Committee on Families and Children's Services be discharged from further consideration of Senate Bill No.271.

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

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

Rep. Angerer moved that Rule 42 be suspended.

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

Rep. Angerer moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No.436.

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

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

Rep. Angerer moved that Rule 42 be suspended.

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

Rep. Angerer moved that the Committee on Oversight and Investigations be discharged from further consideration of House Bill No. 4809.

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

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

Rep. Angerer moved that Rule 42 be suspended.

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

Rep. Angerer moved that the Committee on Families and Children's Services be discharged from further consideration of House Bill No. 4284.

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

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

Second Reading of Bills

Senate Bill No. 436, entitled

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

The bill was read a second time.

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

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

Rep. Tobocman moved to amend the bill as follows:

1. Amend page 38, line 18, by striking out the balance of the page.

The motion prevailed and the amendment 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

Senate Bill No. 436, entitled

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

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

Roll Call No. 173 Yeas--69

Accavitti Corriveau Huizenga Proos

Acciavatti DeRoche Jones, Rick Robertson

Agema Dillon Lahti Rocca

Angerer Donigan LaJoy Scott

Ball Ebli Law, David Shaffer

Bieda Espinoza McDowell Sheen

Booher Farrah Meekhof Sheltrown

Brandenburg Gaffney Meltzer Simpson

Brown Gonzales Miller Spade

Byrnes Green Moore Stahl

Byrum Griffin Nofs Steil

Casperson Hammel Opsommer Tobocman

Caswell Hammon Palsrok Vagnozzi

Caul Hansen Pastor Valentine

Clack Hildenbrand Pavlov Walker

Clemente Hoogendyk Pearce Wojno

Condino Hopgood Polidori Young

Constan

Nays--37

Amos Hood Leland Nitz

Bauer Horn Lemmons Sak

Bennett Hune Lindberg Schuitmaker

Calley Jackson Marleau Smith, Alma

Coulouris Johnson Mayes Smith, Virgil

Cushingberry Jones, Robert Meadows Stakoe

Dean Knollenberg Meisner Ward

Elsenheimer Law, Kathleen Melton Warren

Emmons LeBlanc Moolenaar Wenke

Gillard

In The Chair: Sak

The House agreed to the title of the bill.

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

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

______

Rep. Kathleen Law, 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:

I voted no on SB436 because of the lack of a tie bar to revenue. While SB 436 does not cut medicade funding and funding for medical providers it does cut into the bone and sinew of the states citizens. Continued administrative shifts and deferrals will not solve our current crisis."

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:

I would vote for this bill if it did not include the cut to the Bovine TB fund. I have spent a great deal of time working to move toward several northern Michigan counties acquiring TB free status, and the loss of this line item will make that almost impossible. The resulting disruption to the sale and movement of beef cattle has the potential to affect millions of dollars in transactions in this industry, and will set back the advances being made to fight this devastating disease. There were several other areas inn the budget where cuts could have been made without raiding this fund.

Beyond the Bovine TB issue, I am not pleased that the bill was distributed to the minority only minutes before a vote was taken on the bill."

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

"Mr. Speaker and members of the House:

I voted no on SB 436 because of the cuts to services that are critical to the most vulnerable citizens in my district and the state of Michigan as a whole. In particular, cuts to the Healthy Michigan Fund, which funds the Morris Hood Diabetes Outreach program, and minority health initiatives. Additionally, cuts to Arts & Cultural grants will cause devastation to important cultural tourism and local arts programs that are essential to the development and revitalization of our communities. Furthermore, because this bill is not tie-barred to a bill that provides additional revenues, it still leaves our state in a budget deficit after these draconian cuts."

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

"Mr. Speaker and members of the House:

I voted no on SB436 because of the reductions and elimination of programs that are critical to the most vulnerable of our citizens. The cut to Community Colleges, where people go when they are unable to attend a University, is crucial. The institutions of higher learning provide a service when people have limited choices, because of finances, transportation, or health issues. The reduction in Community Health (61million plus) hits many of the programs that are needed. These cuts will cost us more in the long run because of the lose of prevent ional measures. When we talk about being Environmentally responsible, but turn around and cut over 310,000 dollars in our Environmental Quality budget, which is used for contamination cleanup, are we as really worried about our environment. When programs are cut out of this budget such as the Morris Hood diabetes center, located on the campus of Wayne State University, which serves people with diabetes, which is one of our leading contributors of death, all across this state with treatment and prevention is a disgrace."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Education be discharged from further consideration of House Bill No.4799.

(For first notice see House Journal No. 52, p. 798.)

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

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

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

Second Reading of Bills

House Bill No. 4799, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 2006 PA 158.

The bill was read a second time.

Rep. Tobocman moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Wenke 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. 4799, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 2006 PA 158.

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

Roll Call No. 174 Yeas--58

Accavitti Dean Jones, Robert Sak

Angerer Dillon Law, Kathleen Scott

Ball Donigan LeBlanc Sheltrown

Bauer Ebli Leland Simpson

Bennett Espinoza Lemmons Smith, Alma

Bieda Farrah Lindberg Smith, Virgil

Brown Gillard Mayes Spade

Byrnes Gonzales McDowell Tobocman

Byrum Griffin Meisner Valentine

Clemente Hammel Melton Ward

Condino Hammon Meltzer Warren

Constan Hood Miller Wenke

Corriveau Hopgood Polidori Wojno

Coulouris Jackson Rocca Young

Cushingberry Johnson

Nays--45

Acciavatti Hansen Marleau Pearce

Agema Hildenbrand Meadows Proos

Amos Hoogendyk Meekhof Robertson

Booher Horn Moolenaar Schuitmaker

Brandenburg Huizenga Moore Shaffer

Calley Hune Nitz Sheen

Casperson Jones, Rick Nofs Stahl

DeRoche Knollenberg Opsommer Stakoe

Elsenheimer Lahti Palsrok Steil

Emmons LaJoy Pastor Vagnozzi

Gaffney Law, David Pavlov Walker

Green

In The Chair: Sak

The House agreed to the title of the bill.

______

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 174 because of a possible conflict of interest."

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 174 because of a possible conflict of interest."

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 174 because of a possible conflict of interest."

______

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

"Mr. Speaker and members of the House:

I voted against this bill for two reasons, the first is that it was tie barred to HB 4500 which is an income tax hike, and the second because I only had 2 minutes to read the substitute H-1 before I had to vote for it and I will not vote for a bill I do not have time read. No explanation was given when requested."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Oversight and Investigations be discharged from further consideration of House Bill No. 4804.

(For first notice see House Journal No. 52, p. 798.)

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

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

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

Second Reading of Bills

House Bill No. 4804, entitled

A bill to provide for the creation and operation of a program to allow public employers to participate in the state health plan; and to prescribe powers and duties of certain state officers and agencies.

The bill was read a second time.

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

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

Rep. Elsenheimer moved to amend the bill as follows:

1. Amend page 2, line 14, by striking out all of enacting section 1.

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Government Operations be discharged from further consideration of House Bill No. 4246.

(For first notice see House Journal No. 52, p. 798.)

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

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

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

Second Reading of Bills

House Bill No. 4246, entitled

A bill to amend 1967 (Ex Sess) PA 8, entitled "An act to provide for intergovernmental transfers of functions and responsibilities," by amending section 4 (MCL 124.534).

The bill was read a second time.

Rep. Tobocman 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. Steil 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. 4246, entitled

A bill to amend 1967 (Ex Sess) PA 8, entitled "An act to provide for intergovernmental transfers of functions and responsibilities," by amending section 4 (MCL 124.534).

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

Roll Call No. 175 Yeas--105

Accavitti Dillon Lahti Polidori

Acciavatti Donigan LaJoy Proos

Agema Ebli Law, David Robertson

Amos Elsenheimer Law, Kathleen Rocca

Angerer Emmons LeBlanc Sak

Ball Espinoza Leland Schuitmaker

Bauer Farrah Lemmons Scott

Bennett Gaffney Lindberg Shaffer

Bieda Gillard Marleau Sheen

Booher Gonzales Mayes Sheltrown

Brandenburg Griffin McDowell Simpson

Brown Hammel Meadows Smith, Alma

Byrnes Hammon Meekhof Smith, Virgil

Byrum Hansen Meisner Spade

Calley Hildenbrand Melton Stahl

Casperson Hood Meltzer Stakoe

Caswell Hoogendyk Miller Steil

Caul Hopgood Moolenaar Tobocman

Clack Horn Moore Vagnozzi

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palsrok Warren

Coulouris Jones, Rick Pastor Wenke

Cushingberry Jones, Robert Pavlov Wojno

Dean Knollenberg Pearce Young

DeRoche

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Intergovernmental, Urban and Regional Affairs be discharged from further consideration of House Bill No. 4266.

(For first notice see House Journal No. 52, p. 798.)

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

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

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

Second Reading of Bills

House Bill No. 4266, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending section 5 (MCL 124.505), as amended by 1985 PA 10.

The bill was read a second time.

Rep. Tobocman 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. Opsommer 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. 4266, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending section 5 (MCL 124.505), as amended by 1985 PA 10.

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

Roll Call No. 176 Yeas--105

Accavitti Dillon Lahti Polidori

Acciavatti Donigan LaJoy Proos

Agema Ebli Law, David Robertson

Amos Elsenheimer Law, Kathleen Rocca

Angerer Emmons LeBlanc Sak

Ball Espinoza Leland Schuitmaker

Bauer Farrah Lemmons Scott

Bennett Gaffney Lindberg Shaffer

Bieda Gillard Marleau Sheen

Booher Gonzales Mayes Sheltrown

Brandenburg Griffin McDowell Simpson

Brown Hammel Meadows Smith, Alma

Byrnes Hammon Meekhof Smith, Virgil

Byrum Hansen Meisner Spade

Calley Hildenbrand Melton Stahl

Casperson Hood Meltzer Stakoe

Caswell Hoogendyk Miller Steil

Caul Hopgood Moolenaar Tobocman

Clack Horn Moore Vagnozzi

Clemente Huizenga Nitz Valentine

Condino Hune Nofs Walker

Constan Jackson Opsommer Ward

Corriveau Johnson Palsrok Warren

Coulouris Jones, Rick Pastor Wenke

Cushingberry Jones, Robert Pavlov Wojno

Dean Knollenberg Pearce Young

DeRoche

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Ebli, Donigan, Robert Jones, Constan, Vagnozzi, Griffin, Virgil Smith, Mayes, Espinoza, Hammel, Clemente, Melton, Polidori, Brown, Gonzales, Miller, Bauer, Valentine, Kathleen Law, Leland, Jackson, Gillard, Farrah, Corriveau, Coulouris, LeBlanc, Dean, Angerer, Young, Alma Smith, McDowell, Bennett, Lemmons, Johnson, Opsommer and Rick Jones offered the following resolution:

House Resolution No. 122.

A resolution to urge all of Michigan's public universities to create an exception to grant residency status to students seeking to maintain their Michigan residency status following the transfer of an active duty parent by the military.

Whereas, There is no state or federal requirement regarding how public universities treat the children of active duty military personnel for tuition purposes. Each public university in Michigan is free to develop its own policy regarding the residency status of children of our active duty servicepersons. These policies are critical to the many young men and women who, through no fault of their own, may be unjustly classified as nonresidents for tuition purposes; and

Whereas, In fact, a Michigan resident who graduated from high school in Michigan, attended community college in Michigan, and works in Michigan was recently denied resident tuition status at the University of Michigan merely because his father, who is in active military service, was transferred to Illinois. This incident sheds light on a gap in the University of Michigan's policy. Currently, a Michigan resident whose military family leaves the state after being stationed elsewhere would qualify for a tuition waiver, but a student from a military family that was not originally from Michigan would not. Clearly, the many sacrifices made by those in service to our nation should not be exacerbated by an unreasonable public policy affecting their families; and

Whereas, Moreover, every effort should be made to support and accommodate our valiant men and women who are in active military service. Creating an exemption to grant resident tuition status to the children of these men and women would make a strong statement honoring their service. Indeed, there could be no finer testament to our respect and enduring appreciation; now, therefore, be it

Resolved by the House of Representatives, That we hereby urge all of Michigan's public universities to create an exception to grant residency status to students seeking to maintain their Michigan residency status following the transfer of an active duty parent by the military; and be it further

Resolved, That copies of this resolution be transmitted to the President and members of the boards of Michigan's public universities.

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.

Rep. Virgil Smith offered the following resolution:

House Resolution No. 123.

A resolution to express support for the securitization of tobacco settlement fund money to the general fund as part of the effort to balance the state budget, provided this step is part of a long-term solution to the structural deficit.

Whereas, Michigan's budget challenges require the serious consideration of all options. Past practices have proven inadequate in dealing with the financial situation facing the state as it works to balance our budget and deal with what is clearly a structural deficit; and

Whereas, The seriousness of our ongoing budget shortfall has placed in jeopardy many vital programs and services and has a negative impact on virtually every public initiative in Michigan, from the classroom to public health and safety; and

Whereas, In light of the crisis facing our state, innovative solutions and resources must be considered; now, therefore, be it

Resolved by the House of Representatives, That we hereby express support for the securitization of tobacco settlementfund money to the general fund as part of the effort to balance the state budget, provided this step is part of a long-term solution to the structural deficit; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor and the State Treasurer.

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.

Rep. Meisner offered the following resolution:

House Resolution No. 124.

A resolution to express support for amending the Higher Education Loan Authority Act to extend to the Higher Education Loan Authority the power to grant and pay money to the Michigan Merit Award Trust Fund, provided this step is part of a long-term solution to the structural deficit.

Whereas, House Bill No. 4851 of 2007 would amend 1975 PA 222, the Higher Education Loan Authority Act, to provide that the authority shall have the power to grant and pay money to the Michigan Merit Award Trust Fund under section 9 of the Michigan Trust Fund Act, 2000 PA 489, for any scholarship or tuition incentive program funded under section 10 of the Michigan Trust Fund Act 2000 PA 489, MCL 12.260, whenever the authority determines that grant and payment are necessary or beneficial in order to effectuate and carry out the powers, duties, and function of the authority under the act; and

Whereas, House Bill No. 4851 of 2007 adds section 4b to 1975 PA 222 to provide that in addition to the powers enumerated in section 4 and section 4a the authority would have the power to transfer money to the Michigan Merit Award Trust Fund established under section 9 of the Michigan Trust Fund Act, 2000 PA 489, MCL 12.259, for any scholarship or tuition incentive program funded under section 10 of the Michigan Trust Fund Act, 2000 PA 489, MCL 12.260, at the times and in the amounts the chairperson of the authority determines are available for transfer. The authority shall make a transfer under this section for the state fiscal year ending September 30, 2007, in the amount the chairperson of the authority determines is available; now, therefore, be it

Resolved by the House of Representatives, That we express support for amending the Higher Education Loan Authority Act to extend to the Higher Education Loan Authority the power to grant and pay money to the Michigan Merit Award Trust Fund, provided this step is part of a long-term solution to the structural deficit; and be it further

Resolved, That copies of this resolution be transmitted to the Speaker of the House, the Senate Majority Leader, and the chairperson of Higher Education Loan Authority.

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. Espinoza, Ebli, Leland, Kathleen Law, Scott, Polidori, Brown, Young, Warren, Gonzales, Simpson, Johnson and Jackson offered the following resolution:

House Resolution No. 125.

A resolution to express support for the governor's proposal to consolidate and centralize state internal auditing and internal control system functions.

Whereas, Michigan's ongoing budget crisis reflects fundamental shifts in our economy. While these shifts are indicative of challenges that are complex and include the impact of global forces, especially in the area of manufacturing that is central to Michigan, there is great need to reexamine how all branches of state government handle their respective responsibilities; and

Whereas, Just as the practices of the past are no longer as valid as they were in the business world, it would also be wise for all of state government to look at itself and assess the performance of functions and administrative organization with a new approach; and

Whereas, Because the executive power of this state is vested in the governor, the governor is in the best position to have knowledge of the structural problems and needs that exist in the executive branch, and the governor's recommendations for administrative adjustments should be given considerable weight; and

Whereas, The centralization of state internal auditing and internal control system functions as proposed by the governor will minimize the duplication of activities among state agencies, between state agencies and businesses, and effect a better organization and consolidation of functions among state agencies in a manner that is advantageous to this state; and

Whereas, The centralization of state internal auditing and internal control system functions for all state departments within a single state department, as proposed by the governor, will increase administrative efficiencies, improve the effectiveness of financial controls, and could yield notable results and increased savings for the state of Michigan; now, therefore, be it

Resolved by the House of Representatives, That we express our support for the governor's proposal to consolidate and centralize internal audit and internal control functions within a single department of state government and to secure support from Michigan's nonprofit community to support the implementation of this and other consolidation efforts; and be it further

Resolved, That copies of this resolution be transmitted to the Executive Office of the Governor and the Michigan Nonprofit Association.

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,

Rep. Tobocman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the resolution,

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

Roll Call No. 177 Yeas--106

Accavitti Dillon Lahti Polidori

Acciavatti Donigan LaJoy Proos

Agema Ebli Law, David Robertson

Amos Elsenheimer Law, Kathleen Rocca

Angerer Emmons LeBlanc Sak

Ball Espinoza Leland Schuitmaker

Bauer Farrah Lemmons Scott

Bennett Gaffney Lindberg Shaffer

Bieda Gillard Marleau Sheen

Booher Gonzales Mayes Sheltrown

Brandenburg Green McDowell Simpson

Brown Griffin Meadows Smith, Alma

Byrnes Hammel Meekhof Smith, Virgil

Byrum Hammon Meisner Spade

Calley Hansen Melton Stahl

Casperson Hildenbrand Meltzer Stakoe

Caswell Hood Miller Steil

Caul Hoogendyk Moolenaar Tobocman

Clack Hopgood Moore Vagnozzi

Clemente Horn Nitz Valentine

Condino Huizenga Nofs Walker

Constan Hune Opsommer Ward

Corriveau Jackson Palsrok Warren

Coulouris Johnson Pastor Wenke

Cushingberry Jones, Rick Pavlov Wojno

Dean Jones, Robert Pearce Young

DeRoche Knollenberg

Nays--0

In The Chair: Sak

Second Reading

Pending the Second Reading of

Senate Bill No. 271, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 2006 PA 580, and by adding sections 5h, 5i, 5j, and 5k.

Rep. Tobocman moved that the bill be re-referred to the Committee on Families and Children's Services.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

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

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Tuesday, May 29, at 1:30 p.m.

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 25:

House Bill Nos. 4821 4822 4823 4824 4825 4826 4827 4828 4829 4830 4831 4832 4833 4834

4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 4847 4848

4849 4850 4851 4852

Senate Bill Nos. 530 531 532 533 534 535 536 537 538 539 546 547 548 549

550 551 553

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 4116.

Rep. Moolenaar

Introduction of Bills

Rep. Cushingberry introduced

House Bill No. 4853, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 43a (MCL 38.1343a), as amended by 2002 PA 94.

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

______

Rep. David Law moved that the House adjourn.

The motion prevailed, the time being 8:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 29, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives