2007-HJ-08-23-078.htm

No. 78

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Thursday, August 23, 2007.

12:01 a.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Coulouris--present Johnson--present Palsrok--present Wenke--present

Cushingberry--present Jones, Rick--present Pastor--present Wojno--present

Dean--present Jones, Robert--present Pavlov--present Young--present

DeRoche--present Knollenberg--present

e/d/s = entered during session

Rep. David B. Robertson, from the 51st District, offered the following invocation:

"Lord God of heaven and earth,

All that exists belongs to You, for You are the Creator of all things. You made the heavens and the earth to serve You and to give You pleasure. We ourselves are here on earth only to serve You, and You have given us the opportunity and the obligation to manage Your possessions during our lives. One day You will call each one of us to account for our stewardship of what is Yours. May we then hear Your judgment, 'Well done, good and faithful steward!'

Lord God, as legislators in this great state of Michigan, we have been elected to serve the people of Michigan as managers of their money and stewards of their freedoms. In all of our deliberations and decisions, may we keep in mind that we are responsible for the wealth, the well-being, and the freedoms of others, and that they will sit in judgment on us for the job that we are doing here today. Give us wisdom, patience, understanding, and concern for the lives and the welfare of the people of Michigan so that we may do our jobs well and guide our state back to the prosperity it once had, while also safeguarding the freedoms of our people to live their lives as they wish.

Heavenly Father, also give wisdom, patience and understanding to those who serve our people on the national level, that they may promote peace and unity in our United States of America. We humbly ask You to protect all those who serve in our armed forces around the world.

We ask all this in the name of Your Son, our Savior, Jesus Christ. Amen."

Second Reading of Bills

House Bill No. 4350, entitled

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

(The bill was read a second time, amended and postponed temporarily on August 22, see House Journal No. 77, p.1281.)

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

1. Amend page 8, line 22, after "2007." by inserting "Each university shall include in its submitted HEIDI information a record of all spending of state dollars as well as a list of salaries by job classification for the previous fiscal year.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 311 Yeas--63

Accavitti Elsenheimer Marleau Proos

Acciavatti Emmons Meekhof Robertson

Agema Gaffney Melton Rocca

Amos Garfield Meltzer Schuitmaker

Ball Green Miller Scott

Bieda Hansen Moolenaar Shaffer

Booher Hildenbrand Moore Sheen

Brandenburg Hoogendyk Moss Sheltrown

Brown Horn Nitz Stahl

Calley Huizenga Nofs Stakoe

Casperson Hune Opsommer Steil

Caswell Jones, Rick Palmer Walker

Caul Knollenberg Palsrok Ward

Corriveau LaJoy Pastor Wenke

DeRoche Law, David Pavlov Wojno

Ebli LeBlanc Pearce

Nays--47

Angerer Dean Jackson Polidori

Bauer Dillon Johnson Sak

Bennett Donigan Jones, Robert Simpson

Byrnes Espinoza Lahti Smith, Alma

Byrum Farrah Law, Kathleen Smith, Virgil

Cheeks Gillard Leland Spade

Clack Gonzales Lemmons Tobocman

Clemente Griffin Lindberg Vagnozzi

Condino Hammel Mayes Valentine

Constan Hammon McDowell Warren

Coulouris Hood Meadows Young

Cushingberry Hopgood Meisner

In The Chair: Jackson

Rep. Agema moved to amend the bill as follows:

1. Amend page 18, following line 20, by inserting:

"Sec. 315. A university that receives an appropriation under this act shall not reduce or discount the net tuition and fees paid by an individual illegally residing within this country below the standard nonresident tuition and fee rate charged by that institution.".

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

Rep. Amos moved to amend the bill as follows:

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

"Sec. 216. A state institution of higher education that receives funds under this act shall not use funds appropriated in part 1 to lobby or entertain elected officials.".

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

Rep. Agema moved to amend the bill as follows:

1. Amend page 9, following line 2, by inserting:

"(5) If a state institution of higher education fails to comply with section 216, the state treasurer shall withhold an equivalent amount to that which was expended upon employee benefits to unmarried partners from the monthly installments under subsection (1) paid to the university until the requirements of section 216 are met.".

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

"Sec. 216. (1) In light of sections 1, 3, and 4 of 1846 RS 83, MCL 551.1, 551.3, and 551.4, and section 1 of 1939 PA 168, MCL 551.271, the legislature intends that a state institution of higher education receiving funding under this article shall not use part 1 money to extend employee benefits to the unmarried partners of the institution of higher education's employees.".

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

Rep. Meltzer moved to amend the bill as follows:

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

"Sec. 710. An institution of higher education receiving funds under this act shall make a sample tuition bill available in electronic Internet format on their website. The sample tuition bill shall include all fees and assessments in addition to tuition and boarding charges.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 312 Yeas--100

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Garfield Marleau Scott

Booher Gillard Mayes Shaffer

Brandenburg Gonzales McDowell Sheen

Brown Green Meadows Sheltrown

Byrnes Griffin Meekhof Simpson

Byrum Hammel Meisner Smith, Virgil

Calley Hammon Meltzer Spade

Casperson Hansen Miller Stahl

Caswell Hildenbrand Moolenaar Stakoe

Caul Hoogendyk Moore Steil

Clack Hopgood Moss Valentine

Clemente Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pastor Young

Nays--9

Cheeks Hood Lemmons Tobocman

Condino Johnson Melton Vagnozzi

Cushingberry

In The Chair: Jackson

Rep. Pearce moved to amend the bill as follows:

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

"Sec. 216. The funds appropriated in part 1 to state institutions of higher education shall not be used to fund or promote new or expanded activities related to embryonic stem cell research.".

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

Rep. Meltzer moved to amend the bill as follows:

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

"Sec. 710. An institution of higher education receiving funds under this act shall make all transfer policies clearly and easily accessible in electronic Internet format on their website.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 313 Yeas--100

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bieda Gaffney Lindberg Schuitmaker

Booher Garfield Marleau Scott

Brandenburg Gillard Mayes Shaffer

Brown Gonzales McDowell Sheen

Byrnes Green Meadows Sheltrown

Byrum Griffin Meekhof Simpson

Calley Hammel Meisner Smith, Virgil

Casperson Hammon Meltzer Spade

Caswell Hansen Miller Stahl

Caul Hildenbrand Moolenaar Stakoe

Cheeks Hoogendyk Moore Steil

Clack Hopgood Moss Valentine

Clemente Horn Nitz Walker

Constan Huizenga Nofs Ward

Corriveau Hune Opsommer Warren

Coulouris Jackson Palmer Wenke

Dean Jones, Rick Palsrok Wojno

DeRoche Jones, Robert Pastor Young

Nays--10

Bennett Hood Melton Tobocman

Condino Johnson Smith, Alma Vagnozzi

Cushingberry Lemmons

In The Chair: Jackson

Rep. Calley moved to amend the bill as follows:

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

"Sec. 207. (1) Subject to subsection (2), the amount appropriated in section 114 for a 1-time supplemental payment shall only be paid to a university that certifies to the state budget director by October 15, 2007 that it has not adopted an increase in its resident undergraduate tuition and fees for the 2007-2008 academic year that is more than 3.0 percent from its resident undergraduate tuition and fees in the 2006-2007 academic year and that it will not increase its resident undergraduate tuition and fees for any semester in the 2007-2008 academic year by more than 3.0 percent from its average per semester resident undergraduate tuition and fees in the 2006-2007 academic year.

(2) A university that has adopted an increase in its resident undergraduate tuition and fees for the 2007-2008 academic year that is more than 3.0 percent from its resident undergraduate tuition and fees in the 2006-2007 academic year, but subsequently rebates to its students by October 15, 2007 an amount that reduces the net tuition increase from the resident undergraduate tuition and fees for the 2006-2007 academic year to 3.0 percent or less satisfies the requirements of subsection (1).

(3) For the purposes of this section, a university's 2006-2007 tuition rates and fees are the average of its fall and winter semester tuition rates and fees.

(4) The state budget director shall implement a university reporting requirement based on definitions and uniform reporting requirements provided by the state budget director and the house and senate fiscal agencies, to ensure that a university receiving an appropriation under section 102 satisfies the tuition increase limitations of this section.".

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

Rep. DeRoche moved to amend the bill as follows:

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

"Sec. 710. It is the intent of the legislature that a workgroup be formed to evaluate, discuss, and make recommendations for future action to move from current university operations funding to a per-pupil university funding model. The president's council may create and administer the workgroup and shall include members representing each of the public universities, house and senate fiscal agencies, representatives for the majority and minority parties within the house and senate, and the state budget office. The workgroup shall submit a report of its findings and recommendations to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director by February 1, 2008.".

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

Rep. DeRoche demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 314 Yeas--55

Acciavatti Emmons LeBlanc Pearce

Agema Gaffney Marleau Proos

Amos Garfield Meekhof Robertson

Ball Green Meltzer Rocca

Booher Hansen Moolenaar Schuitmaker

Brandenburg Hildenbrand Moore Shaffer

Brown Hoogendyk Moss Sheen

Calley Horn Nitz Stahl

Casperson Huizenga Nofs Stakoe

Caswell Hune Opsommer Steil

Caul Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Dillon LaJoy Pastor Wenke

Elsenheimer Law, David Pavlov

Nays--55

Accavitti Cushingberry Johnson Sak

Angerer Dean Jones, Robert Scott

Bauer Donigan Lahti Sheltrown

Bennett Ebli Law, Kathleen Simpson

Bieda Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson Polidori

In The Chair: Jackson

Rep. Agema moved to amend the bill as follows:

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

"Sec. 216. Funds appropriated in part 1 shall not be used to fund projects and activities which include a display of human waste on religious symbols, nudity, profane language, a display of a sex act, or a depiction of flag desecration. Appropriations for those universities found to be using funds appropriated in part 1 for projects or activities prohibited in this section shall be reduced by 10 percent.".

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

Rep. Agema moved to amend the bill as follows:

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

"Sec. 216. It is the intent of the legislature that funds appropriated in part 1 shall not be used to fund a project or equipment intended for or to accommodate specific religious purposes.".

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

Rep. Alma Smith moved to amend the bill as follows:

1. Amend page 22, following line 6, by inserting:

"Sec. 464. Beginning with the fall semester 2008, a state university receiving appropriations in part 1 shall have its appropriation reduced by 15 percent if it does not admit a student as an undergraduate who meets all of the following conditions:

(a) The student graduates from a public school district in this state with a grade point average in the top 10 percent of his or her high school graduating class.

(b) The student applies for admission to the university.

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

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

The motion prevailed.

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

The motion prevailed.

House Bill No. 4360, entitled

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

(The bill was read a second time, amended, amendment reconsidered and bill postponed temporarily on August 22, see House Journal No. 77, p. 1280.)

Rep. Agema moved to amend the bill as follows:

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

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

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

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

The motion prevailed.

Rep. Tobocman moved to reconsider the vote by which the House adopted the substitute previously recommended by the Committee on Appropriations.

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

The question being on the adoption of the 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.

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

The amendment fell.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4360, entitled

The bill was read a third time.

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 315 Yeas--59

Accavitti Cushingberry Johnson Rocca

Angerer Dean Jones, Robert Sak

Bauer Dillon Lahti Scott

Bennett Donigan Law, Kathleen Sheltrown

Bieda Ebli LeBlanc Simpson

Brown Espinoza Leland Smith, Alma

Byrnes Farrah Lemmons Smith, Virgil

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson Polidori

Nays--47

Acciavatti Emmons Marleau Pearce

Agema Gaffney Meekhof Proos

Amos Garfield Meltzer Robertson

Ball Green Moolenaar Schuitmaker

Booher Hansen Moore Shaffer

Brandenburg Hildenbrand Moss Sheen

Calley Huizenga Nitz Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Wenke

Elsenheimer Law, David Pavlov

In The Chair: Jackson

The House agreed to the title of the bill.

Rep. Tobocman moved to reconsider the vote by which the House passed the bill.

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

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4641, entitled

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

(The bill was received from the Senate on August 22, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 77, p.1286.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 316 Yeas--85

Accavitti Elsenheimer Knollenberg Polidori

Acciavatti Emmons Lahti Proos

Agema Espinoza Law, Kathleen Robertson

Angerer Farrah LeBlanc Schuitmaker

Ball Gaffney Leland Scott

Bieda Gillard Lemmons Shaffer

Booher Gonzales Lindberg Sheltrown

Brown Green Mayes Simpson

Byrnes Griffin McDowell Smith, Alma

Byrum Hammel Meadows Smith, Virgil

Casperson Hammon Meekhof Spade

Caswell Hansen Meisner Stahl

Caul Hildenbrand Melton Stakoe

Cheeks Hood Miller Steil

Clack Hoogendyk Moss Tobocman

Clemente Hopgood Nitz Valentine

Condino Horn Nofs Walker

Constan Huizenga Opsommer Warren

Coulouris Jackson Palsrok Wenke

Cushingberry Johnson Pavlov Wojno

Dillon Jones, Robert Pearce Young

Ebli

Nays--25

Amos DeRoche Law, David Pastor

Bauer Donigan Marleau Rocca

Bennett Garfield Meltzer Sak

Brandenburg Hune Moolenaar Sheen

Calley Jones, Rick Moore Vagnozzi

Corriveau LaJoy Palmer Ward

Dean

In The Chair: Jackson

Reps. Constan, Gonzales, Hammon, Hoogendyk, Robert Jones, Schuitmaker and Ward were named co-sponsors of the bill.

The House agreed to the full title.

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

Rep. Hansen moved that Rep. Pearce be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4350, entitled

(The bill was considered earlier today, see today's Journal, p. 1290.)

Rep. Alma Smith moved to amend the bill as follows:

1. Amend page 22, following line 6, by inserting:

(a) The student graduates from a Michigan high school with a grade point average in the top 10 percent of his or her high school graduating class.

(b) The student applies for admission to the university.

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

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

The motion prevailed.

The question being on the adoption of the amendment offered previously by Rep. Alma Smith,

Rep. Alma Smith withdrew the amendment.

The question being on the adoption of the amendment offered previously by Rep. Alma Smith,

Rep. Tobocman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered previously by Rep. Alma Smith,

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

Roll Call No. 317 Yeas--63

Accavitti Elsenheimer Johnson Palsrok

Angerer Espinoza Jones, Robert Polidori

Ball Gaffney LaJoy Sak

Bennett Gillard Law, David Sheltrown

Brown Gonzales Law, Kathleen Simpson

Casperson Green Leland Smith, Alma

Caswell Hammon Lemmons Smith, Virgil

Cheeks Hansen Lindberg Spade

Clack Hildenbrand Mayes Stahl

Condino Hood McDowell Steil

Constan Hoogendyk Meisner Vagnozzi

Cushingberry Hopgood Melton Valentine

Dean Horn Meltzer Ward

DeRoche Huizenga Miller Wojno

Dillon Hune Moore Young

Ebli Jackson Nofs

Nays--46

Acciavatti Corriveau Marleau Robertson

Agema Coulouris Meadows Rocca

Amos Donigan Meekhof Schuitmaker

Bauer Emmons Moolenaar Scott

Bieda Farrah Moss Shaffer

Booher Garfield Nitz Sheen

Brandenburg Griffin Opsommer Stakoe

Byrnes Hammel Palmer Tobocman

Byrum Jones, Rick Pastor Walker

Calley Knollenberg Pavlov Warren

Caul Lahti Proos Wenke

Clemente LeBlanc

In The Chair: Jackson

Rep. Byrnes 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. 4350, entitled

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4351, entitled

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

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

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

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

1. Amend page 5, line 17, after "2007." by inserting "Each university shall include in its submitted HEIDI information a record of all spending of state dollars as well as a list of salaries by job classification for the previous fiscal year.".

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

Rep. Ward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 318 Yeas--63

Accavitti Elsenheimer Marleau Proos

Acciavatti Emmons Meekhof Robertson

Agema Gaffney Melton Rocca

Amos Garfield Meltzer Schuitmaker

Ball Green Miller Scott

Bieda Hansen Moolenaar Shaffer

Booher Hildenbrand Moore Sheen

Brandenburg Hoogendyk Moss Sheltrown

Brown Horn Nitz Stahl

Calley Huizenga Nofs Stakoe

Casperson Hune Opsommer Steil

Caswell Jones, Rick Palmer Walker

Caul Knollenberg Palsrok Ward

Corriveau LaJoy Pastor Wenke

DeRoche Law, David Pavlov Wojno

Ebli LeBlanc Pearce

Nays--47

Angerer Dean Jackson Polidori

Bauer Dillon Johnson Sak

Bennett Donigan Jones, Robert Simpson

Byrnes Espinoza Lahti Smith, Alma

Byrum Farrah Law, Kathleen Smith, Virgil

Cheeks Gillard Leland Spade

Clack Gonzales Lemmons Tobocman

Clemente Griffin Lindberg Vagnozzi

Condino Hammel Mayes Valentine

Constan Hammon McDowell Warren

Coulouris Hood Meadows Young

Cushingberry Hopgood Meisner

In The Chair: Jackson

Rep. Agema moved to amend the bill as follows:

1. Amend page 13, following line 4, by inserting:

"Sec. 311. A university that receives an appropriation under this act shall not reduce or discount the net tuition and fees paid by an individual illegally residing within this country below the standard nonresident tuition and fee rate charged by that institution.".

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

Rep. Horn moved to amend the bill as follows:

1. Amend page 7, following line 12, by inserting:

"Sec. 211. A state institution of higher education that receives funds under this act shall not use funds appropriated in part 1 to lobby or entertain elected officials.".

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

Reps. Agema and Pearce moved to amend the bill as follows:

1. Amend page 5, following line 24, by inserting:

"(5) If a state institution of higher education fails to comply with section 209, the state treasurer shall withhold an equivalent amount to that which was expended upon employee benefits to unmarried partners from the monthly installments under subsection (1) paid to the university until the requirements of section 209 are met.".

2. Amend page 7, following line 12, by inserting:

"Sec. 211. (1) In light of sections 1, 3, and 4 of 1846 RS 83, MCL 551.1, 551.3, and 551.4, and section 1 of 1939 PA 168, MCL 551.271, the legislature intends that a state institution of higher education receiving funding under this article shall not use part 1 money to extend employee benefits to the unmarried partners of the institution of higher education's employees.".

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

Rep. Moore moved to amend the bill as follows:

1. Amend page 20, following line 18, by inserting:

"Sec. 508. An institution of higher education receiving funds under this act shall make a sample tuition bill available in electronic Internet format on their website. The sample tuition bill shall include all fees and assessments in addition to tuition and boarding charges.".

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

Rep. Pearce moved to amend the bill as follows:

1. Amend page 7, following line 12, by inserting:

"Sec. 211. The funds appropriated in part 1 to state institutions of higher education shall not be used to fund or promote new or expanded activities related to embryonic stem cell research.".

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

Rep. Moore moved to amend the bill as follows:

1. Amend page 20, following line 18, by inserting:

"Sec. 508. An institution of higher education receiving funds under this act shall make all transfer policies clearly and easily accessible in electronic Internet format on their website.".

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

Rep. Nofs moved to amend the bill as follows:

1. Amend page 7, following line 12, by inserting:

"Sec. 211. (1) Subject to subsection (2), the amount appropriated in section 105 for a 1-time supplemental payment shall only be paid to a university that certifies to the state budget director by October 15, 2007 that it has not adopted an increase in its resident undergraduate tuition and fees for the 2007-2008 academic year that is more than 3.0 percent from its resident undergraduate tuition and fees in the 2006-2007 academic year and that it will not increase its resident undergraduate tuition and fees for any semester in the 2007-2008 academic year by more than 3.0 percent from its average per semester resident undergraduate tuition and fees in the 2006-2007 academic year.

(3) For the purposes of this section, a university's 2006-2007 tuition rates and fees are the average of its fall and winter semester tuition rates and fees.

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

Rep. Agema moved to amend the bill as follows:

1. Amend page 7, following line 12, by inserting:

"Sec. 211. (1) It is the intent of the legislature that funds appropriated in part 1 shall not be used to fund a project or equipment intended for or to accommodate specific religious purposes.".

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

Rep. Agema moved to amend the bill as follows:

1. Amend page 7, following line 12, by inserting:

"Sec. 211. Funds appropriated in part 1 shall not be used to fund projects and activities which include a display of human waste on religious symbols, nudity, profane language, a display of a sex act, or a depiction of flag desecration. Appropriations for those universities found to be using funds appropriated in part 1 for projects or activities prohibited in this section shall be reduced by 10 percent.".

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

Rep. Alma Smith moved to amend the bill as follows:

1. Amend page 13, following line 4, by inserting:

"Sec. 311. Beginning with the fall semester 2008, a state university receiving appropriations in part 1 shall have its appropriation reduced by 15 percent if it does not admit a student as an undergraduate who meets all of the following conditions:

(a) The student graduates from a Michigan high school with a grade point average in the top 10 percent of his or her high school graduating class.

(b) The student applies for admission to the university.

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4351, entitled

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

The House returned to the consideration of

House Bill No. 4360, entitled

(The bill was considered earlier today, see today's Journal, p. 1295.)

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 319 Yeas--58

Accavitti Cushingberry Johnson Polidori

Angerer Dean Jones, Robert Rocca

Bauer Dillon Lahti Sak

Bennett Donigan Law, Kathleen Scott

Bieda Ebli LeBlanc Sheltrown

Brown Espinoza Leland Simpson

Byrnes Farrah Lemmons Smith, Alma

Byrum Gillard Lindberg Spade

Cheeks Gonzales Mayes Tobocman

Clack Griffin McDowell Vagnozzi

Clemente Hammel Meadows Valentine

Condino Hammon Meisner Warren

Constan Hood Melton Wojno

Corriveau Hopgood Miller Young

Coulouris Jackson

Nays--51

Acciavatti Gaffney Marleau Pearce

Agema Garfield Meekhof Proos

Amos Green Meltzer Robertson

Ball Hansen Moolenaar Schuitmaker

Booher Hildenbrand Moore Shaffer

Brandenburg Hoogendyk Moss Sheen

Calley Horn Nitz Stahl

Casperson Huizenga Nofs Stakoe

Caswell Hune Opsommer Steil

Caul Jones, Rick Palmer Walker

DeRoche Knollenberg Palsrok Ward

Elsenheimer LaJoy Pastor Wenke

Emmons Law, David Pavlov

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.

The House returned to the consideration of

House Bill No. 4350, entitled

(The bill was considered earlier today, see today's Journal, p. 1290.)

The question being on the passage of the bill,

Rep. Tobocman moved to substitute (H-11) the bill.

The motion was seconded and the substitute (H-11) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 320 Yeas--59

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Rocca

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brown Espinoza LeBlanc Simpson

Byrnes Farrah Leland Smith, Alma

Byrum Gaffney Lemmons Spade

Cheeks Gillard Lindberg Tobocman

Clack Gonzales Mayes Vagnozzi

Clemente Griffin McDowell Valentine

Condino Hammel Meadows Warren

Constan Hammon Meisner Wojno

Corriveau Hood Melton Young

Coulouris Hopgood Miller

Nays--50

Acciavatti Garfield Meekhof Pearce

Agema Green Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Emmons Marleau

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

The motion prevailed.

The House agreed to the title as amended.

Rep. Tobocman moved to reconsider the vote by which the House passed the bill.

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

The question being on the passage of the bill,

Rep. DeRoche moved to amend the bill.

The question being on the seconding of the motion made by Rep. DeRoche,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the seconding of the motion made by Rep. DeRoche,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 321 Yeas--54

Acciavatti Emmons Marleau Pearce

Agema Gaffney Meekhof Proos

Amos Garfield Meltzer Robertson

Ball Green Moolenaar Rocca

Booher Hansen Moore Schuitmaker

Brandenburg Hildenbrand Moss Shaffer

Brown Hoogendyk Nitz Sheen

Calley Horn Nofs Stahl

Casperson Huizenga Opsommer Stakoe

Caswell Hune Palmer Steil

Caul Jones, Rick Palsrok Walker

Corriveau Knollenberg Pastor Ward

DeRoche LaJoy Pavlov Wenke

Elsenheimer Law, David

Nays--55

Accavitti Dean Johnson Polidori

Angerer Dillon Jones, Robert Sak

Bauer Donigan Lahti Scott

Bennett Ebli Law, Kathleen Sheltrown

Bieda Espinoza LeBlanc Simpson

Byrnes Farrah Leland Smith, Alma

Byrum Gillard Lemmons Spade

Cheeks Gonzales Lindberg Tobocman

Clack Griffin Mayes Vagnozzi

Clemente Hammel McDowell Valentine

Condino Hammon Meadows Warren

Constan Hood Meisner Wojno

Coulouris Hopgood Melton Young

Cushingberry Jackson Miller

In The Chair: Jackson

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 322 Yeas--59

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Rocca

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brown Espinoza LeBlanc Simpson

Byrnes Farrah Leland Smith, Alma

Byrum Gaffney Lemmons Spade

Cheeks Gillard Lindberg Tobocman

Clack Gonzales Mayes Vagnozzi

Clemente Griffin McDowell Valentine

Condino Hammel Meadows Warren

Constan Hammon Meisner Wojno

Corriveau Hood Melton Young

Coulouris Hopgood Miller

Nays--50

Acciavatti Garfield Meekhof Pearce

Agema Green Meltzer Proos

Amos Hansen Moolenaar Robertson

Ball Hildenbrand Moore Schuitmaker

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Huizenga Nofs Stahl

Casperson Hune Opsommer Stakoe

Caswell Jones, Rick Palmer Steil

Caul Knollenberg Palsrok Walker

DeRoche LaJoy Pastor Ward

Elsenheimer Law, David Pavlov Wenke

Emmons Marleau

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.

The House returned to the consideration of

House Bill No. 4351, entitled

(The bill was considered earlier today, see today's Journal, p. 1299.)

The question being on the passage of the bill,

Rep. Tobocman moved to substitute (H-11) the bill.

The motion was seconded and the substitute (H-11) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 323 Yeas--57

Accavitti Cushingberry Hopgood Miller

Angerer Dean Jackson Polidori

Bauer Dillon Johnson Rocca

Bennett Donigan Lahti Sak

Bieda Ebli Law, Kathleen Scott

Brown Espinoza LeBlanc Sheltrown

Byrnes Farrah Leland Simpson

Byrum Gaffney Lemmons Spade

Cheeks Gillard Lindberg Tobocman

Clack Gonzales Mayes Vagnozzi

Clemente Griffin McDowell Valentine

Condino Hammel Meadows Warren

Constan Hammon Meisner Wojno

Corriveau Hood Melton Young

Coulouris

Nays--52

Acciavatti Garfield Marleau Pearce

Agema Green Meekhof Proos

Amos Hansen Meltzer Robertson

Ball Hildenbrand Moolenaar Schuitmaker

Booher Hoogendyk Moore Shaffer

Brandenburg Horn Moss Sheen

Calley Huizenga Nitz Smith, Alma

Casperson Hune Nofs Stahl

Caswell Jones, Rick Opsommer Stakoe

Caul Jones, Robert Palmer Steil

DeRoche Knollenberg Palsrok Walker

Elsenheimer LaJoy Pastor Ward

Emmons Law, David Pavlov 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 appropriations for Michigan State University, University of Michigan - Ann Arbor, and Wayne State University and certain state purposes related to education for the fiscal year ending September 30, 2008; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

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

The motion prevailed.

Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed House Bill No. 4360.

Rep. Ward

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

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

Senate Bill Nos. 687 688 689 690 691 692

The Clerk announced that the following Senate bills had been received on Thursday, August 23:

Senate Bill Nos. 222 229 231 233 234 235 239

Messages from the Senate

Senate Bill No. 222, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has passed the bill.

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

Senate Bill No. 229, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2008; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The Senate has passed the bill.

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

Senate Bill No. 231, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 233, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2008; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The Senate has passed the bill.

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

Senate Bill No. 234, entitled

A bill to make appropriations for the department of labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2008; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has passed the bill.

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

Senate Bill No. 235, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The Senate has passed the bill.

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

Senate Bill No. 239, entitled

A bill to make appropriations for the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; to provide certain conditions on appropriations; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Miller introduced

House Bill No. 5136, entitled

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

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

Reps. Hoogendyk, Agema, Moss, Acciavatti, Nofs, Garfield, Meekhof, Meltzer, Casperson, Robertson, Knollenberg, Nitz, DeRoche, Ward, LaJoy, Pastor, Steil, Hildenbrand, Rick Jones, Green, Proos, Calley, Stahl, Opsommer, Emmons, Hansen, Horn, Pavlov, Palsrok, Elsenheimer, Shaffer, Rocca, Stakoe, Walker, Sheen, Amos, Caswell, Brandenburg, Pearce, Moolenaar, Booher, Palmer, Marleau, Wenke, Wojno, David Law, Gaffney, Ball, Huizenga, Moore, Caul and Schuitmaker introduced

House Bill No. 5137, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 447.

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

Reps. Melton, Clack, Johnson, Clemente, Constan, Bieda, Hopgood, Sak, Kathleen Law, Accavitti, Polidori, Brown, Corriveau, Coulouris, Byrum, Angerer and Dean introduced

House Bill No. 5138, entitled

A bill to amend 2000 PA 161, entitled "Michigan education savings program act," by amending sections 2, 3, 4, 5, 7, 9, 11, 12, and 15 (MCL 390.1472, 390.1473, 390.1474, 390.1475, 390.1477, 390.1479, 390.1481, 390.1482, and 390.1485), sections 2, 7, and 9 as amended by 2004 PA 387 and section 3 as amended by 2001 PA 215.

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

Reps. Clack, Johnson, Melton, Clemente, Constan, Bieda, Hopgood, Sak, Kathleen Law, Accavitti, Polidori, Brown, Corriveau, Coulouris, Byrum, Angerer and Dean introduced

House Bill No. 5139, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2005 PA 214.

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

______

Rep. Gaffney moved that the House adjourn.

The motion prevailed, the time being 6:20 a.m.

Associate Speaker Pro Tempore Jackson declared the House adjourned until Wednesday, August 29, at 1:30 p.m.

RICHARD J. BROWN

Clerk of the House of Representatives