2007-HJ-08-08-075.htm

No. 75

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Wednesday, August 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--excused 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--excused 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--e/d/s Hoogendyk--excused Moore--present Tobocman--present

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

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

Condino--present Huizenga--excused 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. Brian Palmer, from the 36th District, offered the following invocation:

"Lord, please empower, enlighten, and impart Your spirit to the people of our state, the governed, those that we serve as representatives in this republic. Give them the wisdom, the foresight, the courage, and the will to exercise their god-given rights in these difficult times in our state. Our founders so eloquently declared in our Declaration of Independence:

'All men are endowed by their creator with certain inalienable rights. That among these are life, liberty, and the pursuit of happiness'. And further... 'That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundations on such principles and organizing its power in such as to them shall seem most likely to affect their safety and happiness.'

Lord, towards these ends, we have seen the elimination of slavery, equal rights for women, and other altering of our government by the people, to secure their rights.

So Lord, we now ask that these guiding principles You instilled in our Founders over 230 years ago through divine inspiration, and directed by divine providence, be alive today in all of the citizens of this great State, such that if it is Thy will, they shall inspire and direct this Legislature and our Governor to further secure their rights as individuals andto further alter or change this state government to assure their safety, happiness, and the preservation of those God-given rights.

Heavenly Father, also remind us that most things that are really worthwhile are not achieved in a day. Remind us that through hard work and prayer we can create the climate Michigan needs to restore us to prosperity.

And lastly, we pray that You bestow Your blessing on this House. May none but honest and wise men and women ever serve here. We ask this in the name of our Lord, Jesus Christ. Amen."

______

Rep. Booher moved that Reps. Hoogendyk and Huizenga be excused from today's session.

The motion prevailed.

Rep. Tobocman moved that Reps. Donigan, Kathleen Law and Meadows be excused from today's session.

The motion prevailed.

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

Third Reading of Bills

House Bill No. 4641, entitled

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

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

Roll Call No. 281 Yeas--73

Accavitti Ebli LeBlanc Proos

Acciavatti Espinoza Leland Schuitmaker

Amos Farrah Lemmons Scott

Angerer Gaffney Lindberg Shaffer

Ball Gillard Mayes Sheltrown

Bieda Gonzales McDowell Simpson

Booher Griffin Meekhof Smith, Alma

Brown Hammel Meisner Smith, Virgil

Byrnes Hammon Melton Spade

Byrum Hansen Miller Stahl

Casperson Hildenbrand Moss Stakoe

Caswell Hood Nitz Steil

Clack Hopgood Nofs Tobocman

Clemente Horn Opsommer Valentine

Condino Jackson Palsrok Walker

Constan Johnson Pavlov Wenke

Coulouris Knollenberg Pearce Wojno

Cushingberry Lahti Polidori Young

Dillon

Nays--31

Agema DeRoche LaJoy Robertson

Bauer Elsenheimer Law, David Rocca

Bennett Emmons Marleau Sak

Brandenburg Garfield Meltzer Sheen

Calley Green Moolenaar Vagnozzi

Caul Hune Moore Ward

Corriveau Jones, Rick Palmer Warren

Dean Jones, Robert Pastor

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. Cheeks entered the House Chambers.

House Bill No. 4642, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 6 (MCL 280.6).

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

Roll Call No. 282 Yeas--72

Accavitti Dillon Leland Proos

Acciavatti Emmons Lemmons Robertson

Agema Espinoza Lindberg Schuitmaker

Angerer Farrah Mayes Scott

Ball Gillard McDowell Shaffer

Bieda Gonzales Meekhof Sheltrown

Booher Hammel Meisner Simpson

Brown Hammon Melton Smith, Alma

Byrum Hansen Miller Smith, Virgil

Casperson Hildenbrand Moolenaar Spade

Caswell Hood Moore Stahl

Caul Hopgood Moss Stakoe

Cheeks Horn Nitz Steil

Clack Hune Nofs Tobocman

Condino Jackson Palsrok Walker

Constan Johnson Pavlov Wenke

Coulouris Knollenberg Pearce Wojno

Cushingberry Lahti Polidori Young

Nays--33

Amos DeRoche Jones, Robert Pastor

Bauer Ebli LaJoy Rocca

Bennett Elsenheimer Law, David Sak

Brandenburg Gaffney LeBlanc Sheen

Byrnes Garfield Marleau Vagnozzi

Calley Green Meltzer Valentine

Clemente Griffin Opsommer Ward

Corriveau Jones, Rick Palmer Warren

Dean

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Young, Sheltrown, Cushingberry, Lemmons, Sak, Meadows, Lahti, Condino, Alma Smith, Hammon, Coulouris,LeBlanc, Robert Jones, Constan, Kathleen Law, Leland, Tobocman, Hood, Accavitti, Clack, Donigan, Gillard, Hammel, Hopgood, Mayes, Pastor, Polidori, Stahl and Vagnozzi offered the following resolution:

House Resolution No. 161.

A resolution to express opposition to the closing of St. John Riverview Center in Detroit.

Whereas, The closing of St. John Riverview Center is a devastating blow to the east side Detroit community and will hinder access to medical care for many. The closing will also have an economic impact on hundreds of people who will lose their jobs; and

Whereas, For years, the St. John Riverview Center has been a mainstay for the residents of Detroit who may have transportation challenges access their doctors. The loss of inpatient care as well as other clinical services has been a devastating blow to a community already struggling with inadequate health care. The hospital has provided care for some of the city's poorest citizens who have relied on it for emergency care, child deliveries, mental health services, and the overall health needs of the community; and

Whereas, Detroit is currently in the midst of a health care crisis and the closing of this facility will only intensify its effect. With the closing of St. John Riverview Center, the city's most vulnerable and underserved population will face even greater difficulty in receiving health care services; now, therefore, be it

Resolved by the House of Representatives, That we express our opposition to the closing of the St. John Riverview Center in Detroit; and be it further

Resolved, That copies of this resolution be transmitted to the members of the Board of Directors of St. John Riverview Center Health.

The resolution was referred to the Committee on Health Policy.

Reps. Steil, Accavitti, Ball, Bieda, Booher, Brandenburg, Caswell, Caul, Dean, Elsenheimer, Garfield, Gillard, Hansen, Hopgood, Horn, Knollenberg, David Law, Leland, Marleau, Mayes, Palmer, Pastor, Pavlov, Pearce, Polidori, Proos, Sak, Shaffer, Spade and Stahl offered the following resolution:

House Resolution No. 162.

A resolution commemorating August 18, 2007, as Family Preservation Day in the state of Michigan.

Whereas, We recognize that the interconnected relationships fostered in families are essential to our state's stability, growth and quality of life; and

Whereas, The strength of our nation today is dependent on the strength of the family structure; and

Whereas, The preservation of the family unit will bring about the benefits of ongoing parental relationships, which include, but are not limited to, a declining rate of juvenile crime and childhood poverty and an increased rate of childhood self esteem and family-value awareness; and

Whereas, Family Preservation Day is an opportunity for government to join forces with parents, children, community organizations and local agencies to advocate on behalf of our children, and to take action together against the destruction of the family structure; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate August 18, 2007, as Family Preservation Day in the state of Michigan; and be it further;

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Family and Children Services.

The resolution was referred to the Committee on Families and Children's Services.

Reps. Proos, Accavitti, Acciavatti, Ball, Bauer, Bieda, Brandenburg, Brown, Caswell, Caul, Clack, Dean, Ebli, Elsenheimer, Garfield, Gillard, Hammel, Hammon, Hansen, Hopgood, Horn, Robert Jones, David Law, LeBlanc, Leland, Marleau, Mayes, McDowell, Meekhof, Miller, Moore, Nitz, Palmer, Pastor, Pavlov, Pearce, Polidori, Rocca, Sak, Schuitmaker, Shaffer, Spade, Stahl, Tobocman, Vagnozzi, Valentine and Ward offered the following resolution:

House Resolution No. 163.

A resolution to express opposition to the increased discharge of pollution into Lake Michigan from the British Petroleum refinery at Whiting, Indiana.

Whereas, The Great Lakes are a national treasure and a globally unique natural resource holding around 20 percent of the world's surface freshwater supply. Michigan and the other states and Canadian provinces that border the Great Lakes depend on them for drinking water and to support billion dollar manufacturing, agricultural, and recreational industries; and

Whereas, Discharges into the Great Lakes originating in any state or province can impact water quality and fish and wildlife in the other states and provinces. Therefore, the Great Lakes states and provinces hold a shared responsibility to prevent the dumping of pollutants into the lakes that could degrade water quality and threaten public health, recreation, and the quality of life in the region; and

Whereas, The Indiana Department of Environmental Management issued, with the approval of the United States Environmental Protection Agency, a permit that would allow the British Petroleum (BP) refinery in Whiting, Indiana, to increase significantly polluted discharges into Lake Michigan; and

Whereas, Dumping thousands of additional pounds of ammonia and suspended solids in the lake could threaten drinking water quality for millions of people, negatively affect fish and wildlife, and compromise the billion dollar recreational and tourism industries that depend on clean water in neighboring states like Michigan; and

Whereas, Clearly, BP has the financial resources to install additional water treatment systems that would remove the need to increase dumping into Lake Michigan. BP reported more than $6 billion in profits during the last quarter. Current plans for water treatment upgrades will only comprise $150 million or 4 percent of the $3.8 billion expansion at the refinery; now, therefore, be it

Resolved by the House of Representatives, That we express opposition to the increased discharge of pollution into Lake Michigan from the British Petroleum refinery at Whiting, Indiana; 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, the members of the Michigan congressional delegation, the Administrator of the United States Environmental Protection Agency, the Commissioner of the Indiana Department of Environmental Management, and the Governor of the state of Indiana.

The resolution was referred to the Committee on Great Lakes and Environment.

Reps. Sak, Accavitti, Acciavatti, Ball, Bauer, Bennett, Bieda, Brandenburg, Brown, Caul, Clack, Constan, Dean, Ebli, Garfield, Gillard, Hammel, Hammon, Hansen, Hopgood, Horn, Robert Jones, David Law, LeBlanc, Leland, Lemmons, Marleau, Mayes, McDowell, Meekhof, Miller, Moore, Nitz, Palmer, Pastor, Pavlov, Pearce, Polidori, Rocca, Scott, Spade, Stahl, Tobocman, Vagnozzi, Valentine and Ward offered the following concurrent resolution:

House Concurrent Resolution No. 40.

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

Whereas, Indiana environmental authorities, coordinating with the United States Environmental Protection Agency, approved a request by British Petroleum to dump 54 percent more ammonia and 35 percent more suspended solids into Lake Michigan at its Whiting, Indiana, refinery. News of this proposal has, understandably, generated an outcry from communities along Lake Michigan and from citizens across the Great Lakes region; and

Whereas, As the source of drinking water for millions and as part of the world's largest accessible source of fresh water, Lake Michigan is a resource of priceless value. Commerce, recreation, and public health in our state and much of the nation and Canada are dependent on the quality of Great Lakes water; and

Whereas, Ammonia and suspended solids can harm fish and wildlife, increase the cost of drinking water treatment, and adversely affect public health, fishing, and swimming. With the multiple threats facing the Great Lakes, allowing a significant increase in the discharge of harmful materials is poor public policy; and

Whereas, Clearly, the quality of the Great Lakes cannot be compromised. Even with improvements that may have taken place over the years, we must not lose ground in the effort to protect this vitally important public resource. This permit would overturn longstanding policy prohibiting increased discharges to the Great Lakes and the use of mixing zones, and set an alarming precedent for future increased discharges to the Great Lakes; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express our strong opposition to the proposed increase in materials discharged into Lake Michigan by British Petroleum at Whiting, Indiana; and be it further

Resolved, That copies of this resolution be transmitted to the Indiana Department of Environmental Management, the United State Environmental Protection Agency, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Great Lakes and Environment.

Reps. Schuitmaker, Horn, Proos, David Law, LaJoy, Nitz and Calley offered the following concurrent resolution:

House Concurrent Resolution No. 41.

A concurrent resolution to express opposition to the increased discharge of pollution into Lake Michigan from the British Petroleum refinery at Whiting, Indiana.

Resolved by the House of Representatives (the Senate concurring), That we express opposition to the increased discharge of pollution into Lake Michigan from the British Petroleum refinery at Whiting, Indiana; and be it further

The concurrent resolution was referred to the Committee on Great Lakes and Environment.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, August 2, for her approval of the following bill:

Enrolled House Bill No. 4884 at 2:50 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, August 2:

House Bill Nos. 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086

Senate Bill Nos. 666 667 668 669 670 671 672 673 674

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

Senate Bill No. 53, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 36 to chapter 2.

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. Bieda, Condino, Robert Jones, Mayes, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Pastor, Palmer, Wenke and Calley

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, August 8, 2007

Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley

Absent: Rep. Meisner

Excused: Rep. Meisner

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meadows, Chair, of the Committee on Retiree Health Care Reforms, was received and read:

Meeting held on: Thursday, August 2, 2007

Present: Reps. Meadows, Coulouris, Spade, Johnson, Calley and Knollenberg

Absent: Rep. Wenke

Excused: Rep. Wenke

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Virgil Smith, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Wednesday, August 8, 2007

Present: Reps. Virgil Smith, Constan, Johnson, Lemmons, Polidori, Scott, Simpson, Robertson, Emmons, Hildenbrand, David Law, Moore and Rocca

Absent: Reps. Farrah, Condino, Wojno and Hune

Excused: Reps. Farrah, Condino, Wojno and Hune

Messages from the Governor

Date: August 2, 2007

Time: 8:42 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4471 (Public Act No. 48, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 40102 (MCL 324.40102), as amended by 2000 PA 347.

(Filed with the Secretary of State August 3, 2007, at 2:57 p.m.)

Date: August 2, 2007

Time: 8:45 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4614 (Public Act No. 49, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 40107d.

(Filed with the Secretary of State August 3, 2007, at 2:59 p.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

July 26 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 10:21 A.M. this date, administrative rule (07-07-05) for the Department of Labor and Economic Growth, Director's Office, Entitled "Construction Code-Part 8. Electrical Code" These rules take effect 120 days after filing with the Secretary of State.

August 3, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 1:11 P.M. this date, administrative rule (07-08-01) for the Department of Labor and Economic Growth, Director's Office, Entitled "Construction Code-Part 9A. Mechanical Code" These rules take effect 120 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

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

August 1, 2007

Enclosed is the Department of Human Services' response and corrective action plan to the Auditor General's report of the Performance Audit of Training and Staff Development for the period of October 1999 through August 2006.

Sincerely,

Marianne Udow

Director

The communication was referred to the Clerk.

Introduction of Bills

Rep. Hildenbrand introduced

House Bill No. 5087, entitled

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

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

Reps. Hildenbrand, Meekhof, Green, Schuitmaker, Proos, Elsenheimer, Shaffer, Horn, Moss and Brandenburg introduced

House Bill No. 5088, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74117 (MCL 324.74117), as amended by 2006 PA 477.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Reps. Condino, Donigan, Vagnozzi, Alma Smith, Scott, Virgil Smith, Warren, Bieda, Wenke and Meadows introduced

House Bill No. 5089, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16 of chapter X (MCL 770.16), as amended by 2005 PA 4.

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

Rep. Stakoe introduced

House Bill No. 5090, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 2006 PA 482.

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

Rep. Opsommer introduced

House Bill No. 5091, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," (MCL 28.291 to 28.300) by adding section 2a.

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

Rep. Schuitmaker introduced

House Bill No. 5092, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts," by amending section 1 (MCL 691.1401), as amended by 2001 PA 131.

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

Rep. Jackson introduced

House Bill No. 5093, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 75 (MCL 38.1375), as amended by 2006 PA 617.

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

Rep. Jackson introduced

House Bill No. 5094, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 69, 69c, 69f, and 75 (MCL 38.1369, 38.1369c, 38.1369f, and 38.1375), sections 69, 69c, and 75 as amended and section 69f as added by 1989 PA 194.

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

Reps. Jackson, Johnson, Young, Donigan, Robert Jones, Cushingberry, Sak, Alma Smith, Warren, Bauer, Melton and Sheltrown introduced

House Bill No. 5095, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," (MCL 21.141 to 21.147) by adding section 5.

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

Rep. Bieda introduced

House Bill No. 5096, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 9a (MCL 205.99a), as amended by 2004 PA 172.

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

Rep. Bieda introduced

House Bill No. 5097, entitled

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

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

Reps. Pearce, Agema, Rick Jones, Stahl, Meekhof, LaJoy, Nofs, Hildenbrand and Huizenga introduced

House Joint Resolution U, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II and sections 1 and 2 of article XII, to require that a ballot question proposing a constitutional amendment, initiation of legislation, or referendum of legislation be held at an odd year general election.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 158.

(For text of resolution, see House Journal No. 72, p. 1152.)

(The resolution was reported by the Committee on Regulatory Reform on July 24, consideration of which, under the rules, was postponed until July 25.)

The question being on the adoption of the resolution,

Rep. Sheen moved to substitute (H-4) the resolution as follows:

Substitute for House Resolution No. 158.

A resolution to concur in a tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan and signed on May 9, 2007, and to require that a toll of $10 per vehicle be assessed to enter into a sovereign nation fully located within the State of Michigan.

Whereas, Federally recognized Indian tribes have a right under federal law to operate gaming as a means of economic development within states that allow such gaming for any purpose by any person, organization, or entity. The State of Michigan permits Class III gaming to be operated by non-tribal entities under the Michigan Gaming Control and Revenue Act; and

Whereas, The State of Michigan has entered into tribal-state gaming compacts with 11 of Michigan's 12 federally recognized Indian tribes, the only federally recognized Indian tribe not having a compact being the Gun Lake Band. The Michigan Legislature has approved all 11 tribal state gaming compacts by resolution. The Michigan Supreme Courthas held that the Michigan Legislature has the authority to approve tribal-state gaming compacts by legislative resolution; and

Whereas, The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, which is also known as the Gun Lake Band, is a federally recognized Indian tribe. The principles of fairness, equity, and justice dictate that the State of Michigan enter into a Class III gaming compact with the Gun Lake Band on terms consistent with the tribal-state compacts previously approved by the Michigan Legislature; and

Whereas, A new tribal-state gaming compact between the State of Michigan and the Gun Lake Band (the "Gun Lake Compact") has been negotiated by the Governor and the Gun Lake Band and signed on May 9, 2007. This compact has been filed with the Clerk of the Michigan House of Representatives and is available for review. The Gun Lake Compact contains terms and conditions more beneficial to the State of Michigan than the previous 11 compacts; and

Whereas, The Gun Lake Compact contains additional and substantial regulatory provisions governing the Gun Lake Band's proposed gaming facility that are not contained in any of the 11 other tribal-state gaming compacts; and

Whereas, The Gun Lake Compact prohibits the sale of tobacco to minors at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides that persons under 21 years of age may not participate in gaming at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides additional safeguards for revenue payments to the State of Michigan when compared to the prior 11 Class III gaming compacts; and

Whereas, The Gun Lake Compact contains a potential for substantially increased revenue sharing with the State of Michigan when compared to the prior 11 compacts, and also contains a minimum of a 50 percent increase over the prior 11 compacts for payments to the State of Michigan as reimbursement for regulatory costs; and

Whereas, The Secretary of the United States Department of the Interior has issued procedures for the operation of Class III gaming by Indian tribes that permit said tribes to operate Class III gaming facilities in the absence of a tribal-state compact where states have failed to enter into a compact with such tribes; now, therefore, be it

Resolved by the House of Representatives, That we concur in the tribal-state gaming compact signed on May 9, 2007, and on file with the Clerk of the House of Representatives between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan to govern the establishment of Class III gaming on Eligible Indian Lands, and require that a toll of $10 per vehicle be assessed to enter into a sovereign nation fully located within the State of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, representatives of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, and the United States Secretary of the Interior.

The motion did not prevail and the substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

The question being on the adoption of the resolution,

Rep. Pearce moved to substitute (H-5) the resolution as follows:

Substitute for House Resolution No. 158.

A resolution to concur in a tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan and signed on March 9, 2007, as soon as all the other operating Indian casinos in Michigan have agreed to abide by the terms of this compact.

Whereas, The State of Michigan has entered into tribal-state gaming compacts with 11 of Michigan's 12 federally recognized Indian tribes, the only federally recognized Indian tribe not having a compact being the Gun Lake Band. The Michigan Legislature has approved all 11 tribal-state gaming compacts by resolution. The Michigan Supreme Court has held that the Michigan Legislature has the authority to approve tribal-state gaming compacts by legislative resolution; and

Whereas, A new tribal-state gaming compact between the State of Michigan and the Gun Lake Band (the "Gun Lake Compact") has been negotiated by the Governor and the Gun Lake Band and signed on March 9, 2007. This compact has been filed with the Clerk of the Michigan House of Representatives and is available for review. The Gun Lake Compact contains terms and conditions more beneficial to the State of Michigan than the previous 11 compacts; and

Whereas, The Gun Lake Compact prohibits the sale of tobacco to minors at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides that persons under 21 years of age may not participate in gaming at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides additional safeguards for revenue payments to the State of Michigan when compared to the prior 11 Class III gaming compacts; and

Resolved by the House of Representatives, That, as soon as all the other operating Indian casinos in Michigan have agreed to abide by the terms of this compact, we concur in the tribal-state gaming compact signed on March 9, 2007, and on file with the Clerk of the House of Representatives between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan to govern the establishment of Class III gaming on Eligible Indian Lands; and be it further

The motion did not prevail and the substitute (H-5) was not adopted, a majority of the members serving not voting therefor.

The question being on the adoption of the resolution,

Rep. Sheen moved to substitute (H-6) the resolution as follows:

Substitute for House Resolution No. 158.

A resolution to concur in a tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan and signed on May 9, 2007, and to require that a toll of $10 per vehicle be assessed to enter into any sovereign nation that operates a casino and is entirely located within the State of Michigan.

Whereas, The State of Michigan has entered into tribal-state gaming compacts with 11 of Michigan's 12 federally recognized Indian tribes, the only federally recognized Indian tribe not having a compact being the Gun Lake Band. The Michigan Legislature has approved all 11 tribal state gaming compacts by resolution. The Michigan Supreme Court has held that the Michigan Legislature has the authority to approve tribal-state gaming compacts by legislative resolution; and

Whereas, The Gun Lake Compact prohibits the sale of tobacco to minors at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides that persons under 21 years of age may not participate in gaming at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides additional safeguards for revenue payments to the State of Michigan when compared to the prior 11 Class III gaming compacts; and

Resolved by the House of Representatives, That we concur in the tribal-state gaming compact signed on May 9, 2007, and on file with the Clerk of the House of Representatives between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan to govern the establishment of Class III gaming on Eligible Indian Lands, and require that a toll of $10 per vehicle be assessed to enter into any sovereign nation that operates a casino and is entirely located within the State of Michigan; and be it further

The question being on the adoption of the substitute (H-6) offered by Rep. Sheen,

Rep. Sheen demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-6) offered by Rep. Sheen,

The substitute (H-6) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 283 Yeas--21

Agema Hildenbrand Opsommer Shaffer

Ball Horn Palmer Sheen

Booher Jones, Rick Pastor Stahl

Emmons Meekhof Pearce Steil

Green Nitz Schuitmaker Walker

Hansen

Nays--82

Accavitti Coulouris Lahti Polidori

Acciavatti Dean LaJoy Proos

Amos Dillon Law, David Robertson

Angerer Ebli LeBlanc Rocca

Bauer Elsenheimer Leland Sak

Bennett Espinoza Lemmons Scott

Bieda Farrah Lindberg Sheltrown

Brandenburg Gaffney Marleau Simpson

Brown Garfield Mayes Smith, Alma

Byrnes Gillard McDowell Smith, Virgil

Byrum Gonzales Meisner Spade

Calley Griffin Melton Stakoe

Casperson Hammel Meltzer Tobocman

Caswell Hammon Miller Vagnozzi

Caul Hood Moolenaar Valentine

Cheeks Hopgood Moore Ward

Clack Hune Moss Warren

Clemente Jackson Nofs Wenke

Condino Johnson Palsrok Wojno

Constan Jones, Robert Pavlov Young

Corriveau Knollenberg

In The Chair: Byrnes

The question being on the adoption of the resolution,

Rep. Ward 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. 284 Yeas--63

Accavitti Dillon Knollenberg Palsrok

Angerer Ebli Lahti Polidori

Bauer Espinoza Law, David Rocca

Bennett Farrah Leland Scott

Bieda Gaffney Lemmons Sheltrown

Brown Garfield Marleau Simpson

Byrnes Gillard Mayes Smith, Alma

Byrum Gonzales McDowell Smith, Virgil

Calley Griffin Meisner Spade

Caul Hammel Melton Vagnozzi

Cheeks Hammon Meltzer Valentine

Clack Hood Miller Ward

Condino Hopgood Moore Warren

Constan Jackson Moss Wenke

Corriveau Johnson Nitz Wojno

Coulouris Jones, Robert Nofs

Nays--41

Acciavatti Elsenheimer Lindberg Sak

Agema Emmons Meekhof Schuitmaker

Amos Green Moolenaar Shaffer

Ball Hansen Opsommer Sheen

Booher Hildenbrand Palmer Stahl

Brandenburg Horn Pastor Stakoe

Casperson Hune Pavlov Steil

Caswell Jones, Rick Pearce Tobocman

Clemente LaJoy Proos Walker

Dean LeBlanc Robertson Young

DeRoche

In The Chair: Byrnes

The Speaker laid before the House

House Concurrent Resolution No. 39.

(For text of concurrent resolution, see House Journal No. 72, p. 1153.)

(The concurrent resolution was reported by the Committee on Regulatory Reform on July 24, consideration of which, under the rules, was postponed until July 25.)

The question being on the adoption of the concurrent resolution,

Rep. Sheen moved to substitute (H-6) the concurrent resolution as follows:

Substitute for House Concurrent Resolution No. 39.

A concurrent resolution to concur in a tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan and signed on May 9, 2007, and to require that a toll of $10 per vehicle be assessed to enter into any sovereign nation that operates a casino and is entirely located within the State of Michigan.

Whereas, The State of Michigan has entered into tribal-state gaming compacts with 11 of Michigan's 12 federally recognized Indian tribes, the only federally recognized Indian tribe not having a compact being the Gun Lake Band. The Michigan Legislature has approved all 11 tribal state gaming compacts by resolution. The Michigan Supreme Court has held that the Michigan Legislature has the authority to approve tribal-state gaming compacts by legislative resolution; and

Whereas, The Gun Lake Compact prohibits the sale of tobacco to minors at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides that persons under 21 years of age may not participate in gaming at the Gun Lake Band's proposed gaming facility; and

Whereas, The Gun Lake Compact provides additional safeguards for revenue payments to the State of Michigan when compared to the prior 11 Class III gaming compacts; and

Resolved by the House of Representatives (the Senate concurring), That we concur in the tribal-state gaming compact signed on May 9, 2007, and on file with the Clerk of the House of Representatives between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan to govern the establishment of Class III gaming on Eligible Indian Lands, and require that a toll of $10 per vehicle be assessed to enter into any sovereign nation that operates a casino and is entirely located within the State of Michigan; and be it further

The motion did not prevail and the substitute (H-6) was not adopted, a majority of the members serving not voting therefor.

The question being on the adoption of the concurrent resolution,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 285 Yeas--60

Accavitti Coulouris Knollenberg Nofs

Angerer Ebli Lahti Palsrok

Bauer Espinoza Law, David Polidori

Bennett Farrah Leland Rocca

Bieda Gaffney Lemmons Sheltrown

Brown Garfield Marleau Simpson

Byrnes Gillard Mayes Smith, Alma

Byrum Gonzales McDowell Smith, Virgil

Calley Griffin Meisner Spade

Caul Hammel Melton Vagnozzi

Cheeks Hammon Meltzer Valentine

Clack Hopgood Miller Ward

Condino Jackson Moore Warren

Constan Johnson Moss Wenke

Corriveau Jones, Robert Nitz Wojno

Nays--43

Acciavatti Elsenheimer Lindberg Schuitmaker

Agema Emmons Meekhof Scott

Amos Green Moolenaar Shaffer

Ball Hansen Opsommer Sheen

Booher Hildenbrand Palmer Stahl

Brandenburg Hood Pastor Stakoe

Casperson Horn Pavlov Steil

Caswell Hune Pearce Tobocman

Clemente Jones, Rick Proos Walker

Dean LaJoy Robertson Young

DeRoche LeBlanc Sak

In The Chair: Byrnes

______

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

Rep. Tobocman moved to reconsider the vote by which the House adopted the concurrent resolution.

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

The question being on the adoption of the concurrent resolution,

Rep. Tobocman moved that consideration of the concurrent resolution be postponed for the day.

The motion prevailed.

______

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

The motion prevailed.

Third Reading of Bills

House Bill No. 4643, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 247 (MCL 280.247).

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

Roll Call No. 286 Yeas--70

Accavitti Emmons Mayes Scott

Acciavatti Espinoza McDowell Shaffer

Angerer Farrah Meekhof Sheltrown

Ball Gonzales Meisner Simpson

Bieda Hammel Melton Smith, Alma

Booher Hammon Miller Smith, Virgil

Brown Hansen Moolenaar Spade

Byrnes Hildenbrand Moore Stahl

Byrum Hood Moss Stakoe

Casperson Hopgood Nitz Steil

Caswell Horn Nofs Tobocman

Caul Jackson Palsrok Vagnozzi

Cheeks Johnson Pavlov Valentine

Clack Knollenberg Pearce Walker

Condino Lahti Polidori Wenke

Constan Leland Proos Wojno

Cushingberry Lemmons Schuitmaker Young

Ebli Lindberg

Nays--34

Agema Dean Jones, Rick Palmer

Amos DeRoche Jones, Robert Pastor

Bauer Elsenheimer LaJoy Robertson

Bennett Gaffney Law, David Rocca

Brandenburg Garfield LeBlanc Sak

Calley Gillard Marleau Sheen

Clemente Green Meltzer Ward

Corriveau Griffin Opsommer Warren

Coulouris Hune

In The Chair: Jackson

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.

House Bill No. 4644, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 421 (MCL 280.421).

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

Roll Call No. 287 Yeas--73

Accavitti Farrah Mayes Proos

Acciavatti Gonzales McDowell Robertson

Angerer Hammel Meekhof Schuitmaker

Bieda Hammon Meisner Scott

Booher Hansen Melton Shaffer

Brown Hildenbrand Meltzer Sheltrown

Byrum Hood Miller Simpson

Calley Hopgood Moolenaar Smith, Alma

Casperson Horn Moore Smith, Virgil

Caswell Hune Moss Spade

Caul Jackson Nitz Stahl

Cheeks Johnson Nofs Stakoe

Clack Jones, Rick Opsommer Steil

Condino Knollenberg Palsrok Tobocman

Constan Lahti Pastor Walker

Coulouris Leland Pavlov Wenke

Cushingberry Lemmons Pearce Wojno

Emmons Lindberg Polidori Young

Espinoza

Nays--31

Agema Corriveau Green Rocca

Amos Dean Griffin Sak

Ball DeRoche Jones, Robert Sheen

Bauer Ebli LaJoy Vagnozzi

Bennett Elsenheimer Law, David Valentine

Brandenburg Gaffney LeBlanc Ward

Byrnes Garfield Marleau Warren

Clemente Gillard Palmer

In The Chair: Jackson

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.

House Bill No. 4688, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 196 (MCL 280.196), as amended by 1989 PA 149.

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

Roll Call No. 288 Yeas--56

Accavitti Emmons Leland Schuitmaker

Acciavatti Espinoza Lindberg Shaffer

Agema Farrah Mayes Sheltrown

Angerer Gillard McDowell Smith, Alma

Ball Gonzales Meekhof Smith, Virgil

Bieda Hammel Meisner Spade

Booher Hammon Melton Stahl

Byrnes Hansen Miller Stakoe

Caul Hildenbrand Nitz Steil

Cheeks Hood Palsrok Tobocman

Clack Hopgood Pavlov Walker

Condino Jackson Pearce Wenke

Coulouris Johnson Polidori Wojno

Cushingberry Lahti Proos Young

Nays--48

Amos Dean Knollenberg Palmer

Bauer DeRoche LaJoy Pastor

Bennett Ebli Law, David Robertson

Brandenburg Elsenheimer LeBlanc Rocca

Brown Gaffney Lemmons Sak

Byrum Garfield Marleau Scott

Calley Green Meltzer Sheen

Casperson Griffin Moolenaar Simpson

Caswell Horn Moore Vagnozzi

Clemente Hune Moss Valentine

Constan Jones, Rick Nofs Ward

Corriveau Jones, Robert Opsommer Warren

In The Chair: Jackson

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. 4573, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 525 and 1114 (MCL 436.1525 and 436.2114), section 525 as amended by 2006 PA 539 and section 1114 as added by 2004 PA 134, and by adding section 1116.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Reform,

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

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

The motion prevailed.

Senate Bill No. 69, entitled

A bill to provide for the establishment of a neighborhood improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

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

The substitute (H-1) 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. 69, 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. 289 Yeas--104

Accavitti Dean Lahti Polidori

Acciavatti DeRoche LaJoy Proos

Agema Ebli Law, David Robertson

Amos Elsenheimer LeBlanc Rocca

Angerer Emmons Leland Sak

Ball Espinoza Lemmons Schuitmaker

Bauer Farrah Lindberg Scott

Bennett Gaffney Marleau Shaffer

Bieda Garfield Mayes Sheen

Booher Gillard McDowell Sheltrown

Brandenburg Gonzales Meekhof Simpson

Brown Green Meisner Smith, Alma

Byrnes Griffin Melton Smith, Virgil

Byrum Hammel Meltzer Spade

Calley Hammon Miller Stahl

Casperson Hansen Moolenaar Stakoe

Caswell Hildenbrand Moore Steil

Caul Hood Moss Tobocman

Cheeks Hopgood Nitz Vagnozzi

Clack Horn Nofs Valentine

Clemente Hune Opsommer Walker

Condino Jackson Palmer Ward

Constan Johnson Palsrok Warren

Corriveau Jones, Rick Pastor Wenke

Coulouris Jones, Robert Pavlov Wojno

Cushingberry Knollenberg Pearce Young

Nays--0

In The Chair: Jackson

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. 4492, entitled

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

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Reps. Coulouris and Angerer moved to substitute (H-5) the bill.

The question being on the adoption of the substitute (H-5) offered by Reps. Coulouris and Angerer,

Rep. Ward demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-5) offered by Reps. Coulouris and Angerer,

The substitute (H-5) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 290 Yeas--57

Accavitti Cushingberry Hune Moolenaar

Angerer Dean Jackson Polidori

Bauer Ebli Johnson Sak

Bennett Espinoza Jones, Robert Sheltrown

Bieda Farrah Lahti Simpson

Brown Gaffney LeBlanc Smith, Alma

Byrnes Gillard Leland Smith, Virgil

Byrum Gonzales Lemmons Spade

Cheeks Griffin Lindberg Tobocman

Clack Hammel Mayes Vagnozzi

Clemente Hammon McDowell Valentine

Condino Hood Meisner Warren

Constan Hopgood Melton Wojno

Corriveau Horn Miller Young

Coulouris

Nays--45

Acciavatti Emmons Meltzer Robertson

Agema Garfield Moore Rocca

Amos Green Moss Schuitmaker

Ball Hansen Nitz Scott

Booher Hildenbrand Opsommer Sheen

Brandenburg Jones, Rick Palmer Stahl

Calley Knollenberg Palsrok Stakoe

Casperson LaJoy Pastor Steil

Caswell Law, David Pavlov Walker

Caul Marleau Pearce Ward

DeRoche Meekhof Proos Wenke

Elsenheimer

In The Chair: Jackson

Rep. Coulouris moved to amend the bill as follows:

1. Amend page 9, following line 14, by inserting:

"Sec. 303. It is the intent of the legislature that from the funds appropriated in part 1 for individual secretary of state branch offices, the secretary of state shall maintain an office in the downtown central business district of each city with a population greater than 60,000 as of the most recent federal decennial census. The secretary of state may expend funds appropriated for individual branch offices relocated within a county to a city described in this section.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 291 Yeas--57

Accavitti Cushingberry Hune Moolenaar

Angerer Dean Jackson Polidori

Bauer Ebli Johnson Sak

Bennett Espinoza Jones, Robert Sheltrown

Bieda Farrah Lahti Simpson

Brown Gaffney LeBlanc Smith, Alma

Byrnes Gillard Leland Smith, Virgil

Byrum Gonzales Lemmons Spade

Cheeks Griffin Lindberg Tobocman

Clack Hammel Mayes Vagnozzi

Clemente Hammon McDowell Valentine

Condino Hood Meisner Warren

Constan Hopgood Melton Wojno

Corriveau Horn Miller Young

Coulouris

Nays--47

Acciavatti Emmons Moore Rocca

Agema Garfield Moss Schuitmaker

Amos Green Nitz Scott

Ball Hansen Nofs Shaffer

Booher Hildenbrand Opsommer Sheen

Brandenburg Jones, Rick Palmer Stahl

Calley Knollenberg Palsrok Stakoe

Casperson LaJoy Pastor Steil

Caswell Law, David Pavlov Walker

Caul Marleau Pearce Ward

DeRoche Meekhof Proos Wenke

Elsenheimer Meltzer Robertson

In The Chair: Jackson

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4492, 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. 292 Yeas--56

Accavitti Coulouris Horn Nofs

Angerer Cushingberry Jackson Polidori

Bauer Dean Johnson Sak

Bennett Ebli Jones, Robert Sheltrown

Bieda Espinoza Lahti Simpson

Brown Farrah LeBlanc Smith, Alma

Byrnes Gaffney Leland Smith, Virgil

Byrum Gillard Lemmons Spade

Cheeks Gonzales Lindberg Tobocman

Clack Griffin Mayes Vagnozzi

Clemente Hammel McDowell Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Nays--48

Acciavatti Emmons Meltzer Robertson

Agema Garfield Moolenaar Rocca

Amos Green Moore Schuitmaker

Ball Hansen Moss Scott

Booher Hildenbrand Nitz Shaffer

Brandenburg Hune Opsommer Sheen

Calley Jones, Rick Palmer Stahl

Casperson Knollenberg Palsrok Stakoe

Caswell LaJoy Pastor Steil

Caul Law, David Pavlov Walker

DeRoche Marleau Pearce Ward

Elsenheimer Meekhof Proos Wenke

In The Chair: Jackson

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

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

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

Rep. Tobocman moved that consideration of the motion be postponed for the day.

The motion prevailed.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4573, entitled

(The bill was considered earlier today, see today's Journal, p. 1223.)

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. Tobocman moved that consideration of the bill be postponed for the day.

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, August 21, at 1:30 p.m.

The motion prevailed.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tourism, Outdoor Recreation and Natural Resources from further consideration of Senate Bill No. 633.

Rep. Tobocman

Introduction of Bills

Rep. Scott introduced

House Bill No. 5098, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3101, 3103, 3113, and 3114 (MCL 500.3101, 500.3103, 500.3113, and 500.3114), section 3101 as amended by 1988 PA 126, section 3103 as amended by 1986 PA 173, section 3113 as amended by 1986 PA 93, and section 3114 as amended by 2002 PA 38.

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

Rep. Steil introduced

House Bill No. 5099, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2006 PA 298.

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

Rep. Mayes introduced

House Bill No. 5100, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 3 (MCL 125.2683), as amended by 2006 PA 304.

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

Rep. Farrah introduced

House Bill No. 5101, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2006 PA 661.

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

Rep. Farrah introduced

House Bill No. 5102, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 23 (MCL 432.23), as amended by 2004 PA 272.

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

Rep. Hune introduced

House Bill No. 5103, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 10 (MCL 431.310), as amended by 2000 PA 164.

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

Reps. Bieda and Condino introduced

House Bill No. 5104, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 201 (MCL 208.1201).

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

Reps. Tobocman, Cushingberry, Cheeks, Johnson, Virgil Smith, Young, Leland, Lemmons, Scott, Jackson and Gaffney introduced

House Bill No. 5105, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 3 of chapter 1 (MCL 141.503), as amended by 1998 PA 500.

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

______

Rep. Gonzales moved that the House adjourn.

The motion prevailed, the time being 4:35 p.m.

Associate Speaker Pro Tempore Jackson declared the House adjourned until Tuesday, August 21, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives