No. 29

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2005

Senate Chamber, Lansing, Tuesday, April 12, 2005.

10:00a.m.

The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Allen--present Emerson--present Olshove--present

Barcia--present Garcia--present Patterson--present

Basham--present George--present Prusi--present

Bernero--present Gilbert--present Sanborn--present

Birkholz--present Goschka--present Schauer--present

Bishop--present Hammerstrom--present Scott--present

Brater--present Hardiman--present Sikkema--present

Brown--present Jacobs--present Stamas--present

Cassis--present Jelinek--present Switalski--present

Cherry--present Johnson--present Thomas--present

Clark-Coleman--present Kuipers--present Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present

Reverend Dr.Darren Tharp of Lincoln Avenue Baptist Church of Ionia offered the following invocation:

Our Heavenly Father, we thank You for the beautiful day You have given us and the wonderful occasion that draws us together. I thank You, Lord, for our great nation. I thank You, dear Father, that You have preserved it down through the ages. I believe that it is certainly the greatest nation on the face of the earth and in the history of mankind. I thank You for our great state and for the legislators who have gathered together today to watch over the affairs of our state. Give them wisdom, Lord, and give them understanding. I pray, Lord, that You would guide them in every decision. Help them to always error on the side of life and caution on the side of righteousness and godliness.

Lord, I pray that You would bless and help their families, as I know they sacrifice in a great way to help their loved ones minister in this way. Dear Lord, I pray that You would just meet our needs today.

I thank You so very much that You are the God of heaven and that You look over the affairs of man and that You didn't just set our nation in motion and just let it go, but, Lord, You are certainly sovereign and in control of everything. Bless us today. May we consider Your ways, may we consider Your Word, and may we consider You.

Thank You so very much, Lord Jesus, for dying on the cross and shedding Your blood and raising again on the third day so that we could have eternal life. If anyone but believe on the name of the Lord Jesus, they could be sure of going to heaven themselves. Bless this august group of individuals today. Encourage their hearts, and let them know that there is a church in the city of Ionia that prays regularly for them. Lord, help them in the area of prayer as they watch over the affairs of our state. Encourage them today, we pray. Help our Governor, our Lieutenant Governor, and all those who have authority in our state today, we pray.

In the lovely name of the Lord Jesus, we pray with thanksgiving, Amen and Amen.

The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Schauer moved that Senator Barcia be temporarily excused from today's session.

The motion prevailed.

The following communications were received:

Office of the Auditor General

March 23, 2005

Enclosed is a copy of the following audit report:

Performance audit of the Michigan School Readiness Program, Michigan Department of Education.

April 5, 2005

Enclosed is a copy of the following audit report:

Performance audit of Hawthorn Center, Bureau of Hospitals, Centers, and Forensic Mental Health Services, Department of Community Health.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

The following communication was received:

Department of Transportation

March 30, 2005

I am pleased to provide the Michigan Department of Transportation's report on transposition accessibility for seniors and persons with disabilities for Fiscal Year 2004.

The report is being forwarded to the Legislature for their information pursuant to Section 10e(21) of Act 51 of the Public Acts of 1951, as amended.

Sincerely,

Gloria J. Jeff

Director

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 24:

House Bill Nos. 4356 4433 4482

The Secretary announced that the following official bills were printed on Thursday, March 24, and are available at the legislative Web site:

Senate Bill Nos. 336 337 338 339 340 341 342 343 344

House Bill Nos. 4542 4543 4544 4545 4546 4547 4548 4549 4550 4551 4552 4553 4554 4555

The Secretary announced that the following official bills were printed on Friday, March 25, and are available at the legislative Web site:

Senate Bill Nos. 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359

House Bill Nos. 4556 4557 4558 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 4570 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583 4584 4585 4586

Messages from the Governor

Senator Barcia entered the Senate Chamber.

The following messages from the Governor were received:

Date: March 24, 2005

Time: 8:08a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.234 (Public Act No.1), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for theexamination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibilityand security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 676a and 907 (MCL 257.676a and 257.907), section 676a as amended by 1999 PA 46 and section 907 as amended by 2004 PA 493

(Filed with the Secretary of State on March 24, 2005, at 9:40a.m.)

Date: April 1, 2005

Time: 8:47a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.137 (Public Act No.2), being

An act to amend 1972 PA 295, entitled "An act to license and regulate persons who purport to be able to detect deception, verify truthfulness, or provide a diagnostic opinion of either through the use of any device or instrumentationas lie detectors, forensic polygraphs, deceptographs, emotional stress meters or similar or related devices and instruments; to create a state board of forensic polygraph examiners with licensing and regulatory powers over all such persons and instruments; to provide for administrative proceedings and court review; to establish minimum standards and requirements for all such instrumentation or devices and to prohibit the use of instruments or devices which do not meet minimum standards and requirements; and to provide for injunctions and penalties," by amending section 10 (MCL 338.1710)

(Filed with the Secretary of State on April 1, 2005, at 9:05a.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following message from the Governor was received on March 23, 2005, and read:

EXECUTIVE ORDER

No.2005-7

Implementation of Expenditure Reductions Under

Section 20 of Article V of the Michigan Constitution of 1963

WHEREAS, under Section 20 of Article V of the Michigan Constitution of 1963 no appropriation is a mandate to spend, and the Governor, with the approval of the appropriating committees of the House of Representatives and the Senate, must reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based, and the reductions shall be made in accordance with procedures prescribed by law;

WHEREAS, it appears that actual revenues for the fiscal period beginning on October 1, 2004 and ending on September 30, 2005, will fall below the revenue estimates on which appropriations for that period were based, the estimates having been determined by the Legislature as required under Section 31 of Article IV of the Michigan Constitution of 1963;

WHEREAS, pursuant to Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391, on the basis of written information from the State Budget Director and the State Treasurer, it appears that actual revenue will fall below such revenue estimates;

WHEREAS, there is an unanticipated loss of funding that the departments and agencies of state government do not expect to obtain or make up during the current fiscal year;

WHEREAS, expenditure reductions totaling $295,055,700.00 general fund-general purpose and $8,232,300.00 special purpose funds are necessary;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963 and Michigan law, and with the approval of a majority of members of each appropriating committee, order the following reductions:

A. Portions of general fund-general purpose appropriations amounting to $295,055,700.00 contained in the following public acts are reduced. Where the expenditure reductions of general fund-general purpose appropriations in this order reduce the restricted portions of gross appropriations and sources of financing that will be earned, the amounts to be reduced shall be provided separately to the State Budget Director for approval and entry into the accounts.

Reduction

Public ActDepartmentAmount

2004 PA 353 Agriculture 1,663,500

2004 PA 327 Attorney General 451,000

2004 PA 327 Civil Rights 191,500

2004 PA 327 Civil Service 229,300

2004 PA 358 Community Colleges 4,919,600

2004 PA 349 Community Health 63,592,800

2004 PA 345 Corrections 19,003,800

2004 PA 346 Education 333,000

2004 PA 350 Environmental Quality 2,539,900

2004 PA 352 Higher Education 35,233,300

2004 PA 340 History, Arts and Libraries 626,800

2004 PA 344 Human Services 33,276,200

2004 PA 327 Information Technology 2,060,000

2004 PA 354 Labor and Economic Growth 1,051,700

2004 PA 327 Management and Budget 9,617,300

2004 PA 341 Military and Veterans Affairs 714,100

2004 PA 347 Natural Resources 383,300

2004 PA 518 School Aid 99,500,000

2004 PA 327 State 10,609,400

2004 PA 348 State Police 3,455,000

2004 PA 327 Treasury 5,604,200

Total 295,055,700

The Department of Information Technology shall reduce user charges to state agencies by $4,340,000.00 to reflect reductions in appropriations for information technology services and projects contained in Section B.

B. The reduction totals for the departments and agencies in Section A include the following appropriation items or are predicated upon the following actions:

1. Department of Agriculture

Appropriation

Number Item Reduction Amount

02320 Animal health and welfare 70,000

01210 Management services 47,400

02205 Pesticide and plant pest management 340,000

01070 Executive direction 88,400

02530 Laboratory services 135,000

01120 Statistical reporting service 6,600

01130 Emergency management 146,500

30000 Information technology services and projects 766,400

03908 Local conservation districts 63,200

1,663,500

The amount in Sec. 604(a) of 2004 PA 353, for local conservation districts is reduced to $19,200.00.

2. Department of Attorney General

Appropriation

Number Item Reduction Amount

01040 Attorney general operations 379,500

06100 Information technology services and projects 71,500

451,000

3. Department of Civil Rights

Appropriation

Number Item Reduction Amount

01000 Civil rights operations 155,800

02100 Information technology services and projects 35,700

191,500

4. Department of Civil Service

Appropriation

Number Item Reduction Amount

19200 Agency services 20,000

19300 Human resources/administrative support 110,000

19500 Audit and compliance 74,100

19150 Information technology services and projects 25,200

229,300

5. Community Colleges

Appropriation

Number Item Reduction Amount

07600 Alpena Community College 85,400

07605 Bay de Noc Community College 82,600

07610 Delta College 231,000

07620 Glen Oaks Community College 38,800

07625 Gogebic Community College 70,700

07630 Grand Rapids Community College 290,500

07635 Henry Ford Community College 354,100

07645 Jackson Community College 196,000

07650 Kalamazoo Valley Community College 200,000

07655 Kellogg Community College 157,100

07660 Kirtland Community College 47,700

07665 Lake Michigan College 84,600

07670 Lansing Community College 502,400

07675 Macomb Community College 536,100

07680 Mid Michigan Community College 71,500

07685 Monroe County Community College 69,600

07690 Montcalm Community College 50,300

07615 C.S. Mott Community College 254,000

07695 Muskegon Community College 144,600

07700 North Central Michigan College 49,000

07705 Northwestern Michigan College 147,500

07710 Oakland Community College 338,200

07715 St. Clair County Community College 113,300

07720 Schoolcraft College 198,500

07725 Southwestern Michigan College 106,500

07730 Washtenaw Community College 201,700

07735 Wayne County Community College 260,800

07740 West Shore Community College 37,100

4,919,600

6. Department of Community Health

Appropriation

Number Item Reduction Amount

01130 Mental health/substance abuse program administration 409,600

01161 Protection and advocacy services support 31,000

01191 Departmental administration and management 315,100

02965 Medicaid mental health services 5,880,200

02970 Medicaid substance abuse services 119,800

02991 CMHSP, purchase of state services contracts 2,330,000

11230 Executive administration 20,000

12263 Local public health operations 677,000

14230 Family, maternal, and children's health services 75,000 administration

14330 Children's special health care services administration 80,000

14355 Medical care and treatment 980,000

15155 Epidemiology administration 75,000

16230 Laboratory services 134,000

16753 Sexually transmitted disease control management and 75,000 field support

16778 Immunization local agreements 500,000

18330 Health systems administration 150,000

22100 Drug control policy 40,000

33500 Hospital services and therapy 23,307,400

33520 Physician services 1,730,900

33530 Home health services 68,700

33540 Pharmaceutical services 3,618,100

33550 Health plan services 13,665,000

33580 Auxiliary medical services 16,400

33600 Ambulance services 79,400

33680 Long-term care services 8,185,400

34010 Medical services administration 250,000

46502 Office of services to aging administration 49,800

80000 Information technology services and projects 730,000

63,592,800

7. Department of Corrections

Appropriation

Number Item Reduction Amount

01050 Executive direction 235,900

01070 Human resources 392,600

02072 Training 368,100

03112 Worker's compensation 1,600,000

02070 Administrative services 217,800

22250 Field operations 3,592,800

24300 Electronic monitoring center 1,705,900

25280 Corrections centers 318,100

19335 Community corrections comprehensive plans and services 95,000

19337 Public education and training 16,000

16380 Health care administration 78,200

16381 Hospital and specialty care services 1,698,200

29507 Correctional facilities administration 183,300

46002 Alger maximum correctional facility - Munising 4,400

47002 Baraga maximum correctional facility - Baraga 5,600

49002 Chippewa correctional facility - Kincheloe 135,500

50002 Kinross correctional facility - Kincheloe 12,500

51002 Marquette branch prison - Marquette 1,049,800

54002 Newberry correctional facility - Newberry 5,900

52002 Oaks correctional facility - Eastlake 742,900

55002 Ojibway correctional facility - Marenisco 499,500

56002 Pugsley correctional facility - Kingsley 4,900

83002 Saginaw correctional facility - Freeland 7,600

53002 Standish maximum correctional facility - Standish 5,700

35002 Cooper Street correctional facility - Jackson 7,000

36002 G. Robert Cotton correctional facility - Jackson 8,900

32002 Charles E. Egeler correctional facility - Jackson 10,600

79002 Gus Harrison correctional facility - Adrian 10,800

89002 Macomb correctional facility - New Haven 6,300

87002 Mound correctional facility - Detroit 750,400

34002 Parnall correctional facility - Jackson 6,700

86002 Ryan correctional facility - Detroit 275,700

82002 Robert Scott correctional facility - Plymouth 4,500

33002 Southern Michigan correctional facility - Jackson 7,600

80002 Thumb correctional facility - Lapeer 1,369,200

23322 Special alternative incarceration program - Cassidy Lake 2,100

30522 Jackson area support and services - Jackson 720,900

67002 Bellamy Creek correctional facility - Ionia 593,100

72002 Earnest C. Brooks correctional facility - Muskegon 36,100

48002 Carson City correctional facility - Carson City 847,800

61002 Richard A. Handlon correctional facility - Ionia 6,800

62002 Ionia maximum correctional facility - Ionia 3,400

77002 Lakeland correctional facility - Coldwater 14,500

66002 Muskegon correctional facility - Muskegon 66,000

70002 Pine River correctional facility - St. Louis 54,600

64002 Riverside correctional facility - Ionia 207,600

69002 St. Louis correctional facility - St. Louis 49,100

05083 Information technology services and projects 967,900

19,003,800

8. Department of Education

Appropriation

Number Item Reduction Amount

01605 Central support 50,000

05101 Early childhood education and family services operations 215,000

07501 School finance and school law operations 21,000

01404 State board/superintendent operations 15,000

03801 Information technology operations 32,000

333,000

9. Department of Environmental Quality

Appropriation

Number Item Reduction Amount

01128 Financial and business services, salaries and 34,500 fringe benefits

01150 Information technology services and projects 110,800

01345 Building occupancy charges 150,000

01346 Rent ­ privately owned property 50,000

02808 Field permitting and project assistance, salaries 100,000 and fringe benefits

02811 Water management, salaries and fringe benefits 180,900

03116 Environmental investigations, salaries and fringe benefits 336,800

03118 Environmental investigations, other operational expenses 141,800

04318 Pollution prevention and technical assistance, other 77,300 operational expenses

04319 Pollution prevention and technical assistance, travel 3,400

04320 Pollution prevention and technical assistance, salaries 78,900 and fringe benefits

04620 Air and quality programs, salaries and fringe benefits 160,000

04630 Air quality programs, travel 5,000

04706 Hazardous waste management program, salaries and 250,000 fringe benefits

04769 Radiological protection program, other operational expenses 82,200

04709 Radiological protection program, salaries and fringe benefits 50,000

04901 Laboratory services, other operational expenses 204,800

04903 Laboratory services, salaries and fringe benefits 474,700

04902 Laboratory services, travel 4,500

06062 Radon grants 44,300

2,539,900

10. Higher Education

Appropriation

Number Item Reduction Amount

01001 Central Michigan University 1,403,300

01501 Eastern Michigan University 1,357,400

02001 Ferris State University 859,900

02501 Grand Valley State University 1,016,800

04001 Lake Superior State University 222,900

03001 Michigan State University 5,049,100

03501 Michigan Technological University 855,600

04501 Northern Michigan University 803,700

03201 Oakland University 844,800

05001 Saginaw Valley State University 459,000

05501 University of Michigan - Ann Arbor 5,631,100

05801 University of Michigan - Dearborn 433,600

05701 University of Michigan - Flint 372,800

06501 Wayne State University 9,429,700

06001 Western Michigan University 1,946,600

03524 Dental clinics grant 4,547,000

35,233,300

11. Department of History, Arts and Libraries

Appropriation

Number Item Reduction Amount

01100 Management services 29,300

03050 Library of Michigan operations 281,500

02001 Administration (Michigan Council for Arts and 54,800 Cultural Affairs)

01400 Film office 5,000

04100 Historical administration and services 183,900

05000 Information technology services and projects 72,300

626,800

The amount in Section 504(1) of 2004 PA 340 for lighthouse preservation grants is reduced to $0.00.

12. Department of Human Services

Appropriation

Number Item Reduction Amount

12840 Worker's compensation 495,200

15100 AFC, children's welfare and day care licensure 2,000,000

16100 Information technology services and projects 436,600

16200 Client services system 186,200

16250 Data system enhancement 783,000

16500 Child support automation 2,726,800

32550 Day care services 10,000,000

32610 Homeless shelter contracts 1,700,000

32630 Indigent burial 102,600

47670 Juvenile justice field staff, administration and maintenance 304,000

62910 Food stamp reinvestment 6,500,000

72510 Child care fund 5,300,000

72530 Child care fund administration 100,000

72760 Adoption support services 91,700

83200 Legal support contracts 1,300,000

83400 Child support distribution computer system 1,250,100

33,276,200

The amount in Section 613 of 2004 PA 344 for the maximum allowable charge limit for indigent burials is reduced to $909.00 and distributions are reduced to the following amounts: for funeral directors, $579.00; for cemeteries or crematoriums, $192.00; and for the provider of the vault, $138.00.

13. Department of Information Technology

The Department of Information Technology shall reduce the Michigan master computing contract general fund expenditures by $2,060,000.00. The State Budget Director is authorized to take any and all actions necessary to properly record expenditure reductions as part of the financial transactions for the fiscal year ending September 30, 2005.

14. Department of Labor and Economic Growth

Appropriation

Number Item Reduction Amount

01004 Policy development 4,700

11210 Commission for the blind 50,000

03001 Administrative services 40,000

17001 Operations (Tax Tribunal) 306,900

07002 Code enforcement and fire safety 95,100

09520 Employment training services 135,000

09502 Michigan career and technical institute 20,000

08203 Job training programs subgrantees 10,000

03010 Economic development job training grants 250,000

01100 Job creation services 140,000

1,051,700

15. Department of Management and Budget

Appropriation

Number Item Reduction Amount

12000 Administrative services 45,000

13000 Budget and financial management 508,000

14000 Office of the state employer 52,700

00005 Information technology services and projects 1,072,900

1,678,600

The Department of Management and Budget shall reduce building occupancy general fund expenditures by $211,500.00 and reduce procurement card restricted fund expenditures by $370,000.00. The State Budget Director is authorized to take any and all actions necessary to properly record expenditure reductions as part of the financial transactions for the fiscal year ending September 30, 2005.

The Department of Management and Budget shall reduce the Child Care Information and Referral Services fund balance to $0.00 by depositing $1,254,400.00 to the state general fund and returning $1,265,500.00 of restricted and federal funds to state agencies. The State Budget Director is authorized to take any and all actions necessary to properly record expenditure reductions as part of the financial transactions for the fiscal year ending September 30, 2005.

The Department of Management and Budget shall reduce the Severance Pay for UAW fund balance to $0.00 by depositing the unexpended portion of $1,102,800.00 to the state general fund and returning the unexpended portion of $1,404,700.00 of restricted and federal funds to state agencies. The State Budget Director is authorized to take any and all actions necessary to properly record expenditure reductions as part of the financial transactions for the fiscal year ending September 30, 2005.

The Department of Management and Budget shall reduce statewide contractual general fund expenditures by $5,000,000.00. The State Budget Director is authorized to take any and all actions necessary to properly record expenditure reductions as part of the financial transactions for the fiscal year ending September 30, 2005.

16. Department of Military and Veterans Affairs

Appropriation

Number Item Reduction Amount

01011 Headquarters and armories 185,000

02011 Military training sites and support facilities 516,500

03800 Information technology services and projects 12,600

714,100

17. Department of Natural Resources

Appropriation

Number Item Reduction Amount

03116 General law enforcement 308,100

05503 Commercial forest reserve 29,100

08914 Information technology services and projects 46,100

383,300

18. School Aid

The general fund amount in Section 11(1) of The State School Aid Act of 1979, 1979 PA 94, MCL 388.1611(1), for the fiscal year ending September 30, 2005, is reduced to $165,200,000.00.

19. Department of State

Appropriation

Number Item Reduction Amount

15100 Operations 10,000

19100 Branch operations 10,412,000

19200 Central records 12,200

19050 Customer services administration 25,400

50100 Building occupancy charges/rent 74,200

50110 Worker's compensation 6,200

45500 Information technology services and projects 69,400

10,609,400

20. Department of State Police

Appropriation

Number Item Reduction Amount

34010 Criminal investigations 1,493,000

41010 Criminal justice information center division 63,200

27200 Fire investigation 125,800

16010 Human resources 64,800

32010 Uniform services 555,000

42220 DNA analysis program 225,000

32500 At-post troopers 387,000

61000 Information technology services and projects 541,200

3,455,000

21. Department of Treasury

Appropriation

Number Item Reduction Amount

01301 Worker's compensation insurance premium 166,900

04501 Local finance 143,200

01931 Human resources optimization user charges 44,300

03501 Student financial assistance programs 200,000

01201 Treasury operations information technology services 549,800 and projects

04212 Personal property tax auditors 3,500,000

4,604,200

The Department of Treasury shall reduce contract collection costs authorized in Section 903 of 2004 PA 327 by $1,000,000.00 and as a result increase collections revenue deposited to the general fund. The State Budget Director is authorized to take any and all actions necessary to properly record expenditure reductions as part of the financial transactions for the fiscal year ending September 30, 2005.

C. Portions of appropriations financed with special purpose revenue amounting to $8,232,300.00 contained in the following public acts are reduced as follows:

Reduction

Public ActDepartmentAmount

2004 PA 344 Human Services 7,300,000

2004 PA 354 Labor and Economic Growth 932,300

8,232,300

D. The reduction totals for the departments and agencies in Section C include the following appropriation items or are predicated upon the following actions:

1. Department of Human Services - Temporary Assistance for Needy Families - Federal Funds

Appropriation

Number Item Reduction Amount

32550 Day care services 3,300,000

81150 Michigan housing and community development fund 2,000,000

5,300,000

2. Department of Human Services - Child Support Incentives - Federal Funds

Appropriation

Number Item Reduction Amount

83200 Legal support contracts 2,000,000

2,000,000

3. Department of Labor and Economic Growth - Liquor Purchase Revolving Fund

Appropriation

Number Item Reduction Amount

13002 Liquor licensing and enforcement 932,300

932,300

The State Budget Director is authorized to take any and all actions necessary to implement the provisions of this Order to reduce expenditures authorized by appropriations as specified above for the fiscal year beginning on October 1, 2004 and ending on September 30, 2005.

This Order is effective upon approval by the appropriations committees of the House of Representatives and the Senate, as provided under Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 23rd day of March, in the year of our Lord, two thousand and five.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Secretary for record.

The following message from the Governor was received on April 5, 2005, and read:

EXECUTIVE ORDER

No.2005-8

Michigan Public Safety Communications System Advisory Board

Department of Information Technology

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible for taking care that the law be faithfully executed;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;

WHEREAS, the State of Michigan is a nationally and internationally recognized leader in public safety communications technology;

WHEREAS, Michigan can retain and enhance its position of preeminence in public safety communications technology through the promotion of an active partnership among local, state, tribal, and federal public safety agencies;

WHEREAS, because public safety agencies must be prepared to assist each other regardless of jurisdiction in the event of a disaster or emergency, interoperable communications among responders is a key element in homeland security and emergency preparedness;

WHEREAS, it is in the best interests of the State of Michigan to seek advice from a Board composed of representatives of public safety agencies to review and make recommendations regarding public safety communications technology;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. "Board" means the Michigan Public Safety Communications System Advisory Board created by this Order.

B. "Department" means the Department of Information Technology the principal department of state government created by Executive Order 2001-3, MCL 18.41.

C. "Michigan Public Safety Communications System" or "MPSCS" means Michigan's 800-megahertz radio system and telecommunications network, including all real and personal property, towers, buildings, equipment, and other related facilities and fixtures necessary for the operation and safety of the MPSCS established under Section 1 of 1929 PA 152, MCL 28.281.

II. ESTABLISHMENT OF THE MICHIGAN PUBLIC SAFETY COMMUNICATIONS SYSTEM ADVISORY BOARD

A. The Michigan Public Safety Communications System Advisory Board is established within the Department of Information Technology.

B. The Board shall consist of the following 19 members:

1. Nine members representing local emergency first responders appointed by the Governor for 4-year terms, except the terms for the initial members shall be as follows:

a. Three members for terms expiring on April 30, 2006.

b. Three members for terms expiring on April 30, 2007.

c. Three members for terms expiring on April 30, 2008.

2. The following ex officio, voting members:

a. The Director of the Department of State Police, or his or her designee who shall be an officer or employee of the Department of State Police.

b. The Director of the Department of Information Technology, or his or her designee who shall be an officer or employee of the Department of Information Technology.

c. The Director of the Department of Natural Resources, or his or her designee who shall be an officer or employee of the Department of Natural Resources.

d. The Director of the Department of Transportation, or his or her designee who shall be an officer or employee of the Department of Transportation.

e. The Adjutant General, or his or her designee who shall be an officer or employee of the Department of Military and Veterans Affairs.

f. The Assistant Adjutant General for Homeland Security in the Department of Military and Veterans Affairs.

g. The Director of the Department of Community Health, or his or her designee who shall be an officer or employee of the Department of Community Health.

h. The officer or employee within the Department of State Police who has the principal responsibilities for Michigan's emergency management operations as designated by the Director of the State Police.

i. The State Fire Marshal.

j. The officer or employee within the Department of Information Technology who has been designated by the Director of the Department of Information Technology as having principal administrative responsibilities for the MPSCS.

C. The Governor shall designate a member of the Board to serve as its Chairperson for a 2-year term.

D. The Governor shall designate a member of the Board to serve as its Vice-Chairperson for a 2-year term.

E. A vacancy on the Board occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term.

III. OPERATIONS OF THE BOARD

A. The Board shall be staffed by personnel from and assisted by the Department. Any budgeting, procurement, and related management functions of the Board shall be performed under the direction and supervision of the Director of the Department.

B. The Board shall select a Secretary from among its members. The Department shall assist the Secretary with recordkeeping responsibilities.

C. The Board shall adopt procedures consistent with Michigan law and this Order governing its organization and operations and may establish committees and request public participation as it deems necessary.

D. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board.

E. The Board shall act by majority vote of its serving members. A majority of serving and voting members shall constitute a quorum for the transaction of the business of the Board at a meeting.

F. The Board shall consult with the Department of Management Budget and the State Building Authority on issues relatedto use of the MPSCS and any other matters that may affect the tax exempt status of the bonds issued to finance the MPSCS.

G. The Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Board may, as appropriate, designate as liaisons to the Board individuals from groups representing MPSCS users who do not have Board representation. The Board may also consult with outside experts in order to perform its duties, including but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

H. Members of the Board shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available appropriations.

I. The Board may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Board and the performance of its duties as the Director of the Department deems advisable and necessary, in accordance with this Order and relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

J. The Board may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures

K. Members of the Board shall refer all legal, legislative, and media contacts to the Department.

IV. CHARGE TO THE BOARD

A. The Board is advisory in nature and shall advise the Governor and the Department of Information Technology on the following:

1. Best practices for implementing interoperability of wireless public safety communications, including data, in Michigan on a local, regional, and statewide basis.

2. Future trends in public and private sectors relating to public safety wireless communication, interoperability standards, and technology in support of providing public safety wireless services in the most effective and efficient manner.

3. Opportunities for effectively using the MPSCS as part of local, regional and statewide mutual-aid agreements, 9-1-1 dispatch operations, and incident command systems.

4. Best practices for using interoperability training on a local, regional and statewide basis.

5. Development and implementation of Michigan's interoperable communications plan.

B. The Board shall provide other information, recommendations, or advice as directed by the Governor or the Director of the Department.

V. MISCELLANEOUS

A. The Board created under this Order replaces the Michigan Public Safety Communications System State Advisory Board organized by the Department of State Police. The Michigan Public Safety Communications System State Advisory Board, which held its first meeting on April 25, 2000, is abolished.

B. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Board, or to any member or representative of the Board, any necessary assistance required by the Board, or any member or representative of the Board, in the performance of the duties of the Board so far as is compatible with its, his, or her duties. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Board, or to any member or representative of the Board, free access to any books, records, or documents, relating to matters within the scope of inquiry, study, or investigation of the Board

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 5th day of April, in the year of our Lord, two thousand and five.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Secretary for record.

The following messages from the Governor were received and read:

March 25, 2005

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 78102 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.78102:

Michigan State Waterways Commission

Mr.Glen D. Bailey of 30024 East Maxton, Drummond Island, Michigan 49726, county of Chippewa, succeeding FrankOpolka, whose term has expired, representing persons residing north of townline 16 in the Upper Peninsula and individuals who own or operate a harbor or marina, for a term commencing March 25, 2005 and expiring September 18, 2007.

Mr.Todd A. Wyett of 212 Westwood Drive, Bloomfield, Michigan 48301, county of Oakland, succeeding David V. Johnson, whose term has expired, representing the general public, for a term commencing March 25, 2005 and expiring September 18, 2007.

March 28, 2005

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 4 of the Michigan Economic Growth Authority Act, 1995 PA 24, MCL 207.804:

Michigan Economic Growth Authority

Ms.Sande-Bain MacLeod of 2416 Oak Road, Pinconning, Michigan 48650, county of Bay, succeeding Denise Illitch, who has resigned, representing persons not employed by this state and having knowledge, skill, and experience in the academic, business, local government, labor, or financial fields, for a term commencing March 28, 2005 and expiring April 18, 2007.

April 1, 2005

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Sections 22 and 22a of the Michigan Election Law, 1954 PA 116, MCL 168.22 and 168.22a:

Board of State Canvassers

Mr.Paul Mitchell, a Democrat, of 32923 Robeson Street, St. Clair Shores, Michigan 48082, county of Macomb, succeeding Dorothy Jones, who was rejected by the Michigan Senate, appointed for a term expiring January 31, 2009.

April 7, 2005

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Sections 16121, 17025, and 17525 of the Public Health Code, 1978 PA 368, MCL 333.16121, 333.17025, and 333.17525:

Joint Task Force for Health Professions in Medicine and Osteopathic Medicine and Surgery

Mr.James W. Levy of 9980 North Morningside Drive, P.O. Box 22, Northport, Michigan 49670, county of Leelanau, succeeding Gregg Haskell, whose term has expired, representing physician's assistants, for a term commencing April 7, 2005 and expiring December 31, 2007.

Mr.Michael A. Davis of 8720 McIntosh Road, Harbor Beach, Michigan 48441, county of Huron, succeeding Stephen Gualdoni, whose term has expired, representing physician's assistants, for a term commencing April 7, 2005 and expiring December 31, 2007.

Mr.Bernard J. O'Brien of 109 Kensington Court, Alpena, Michigan 49707, county of Alpena, succeeding Vaughn Begick, whose term has expired, representing physician's assistants, for a term commencing April 7, 2005 and expiring December 31, 2007.

Ms.Marcy L. Street, M.D., of 1094 Trails End, Okemos, Michigan 48864, county of Ingham, succeeding Scot F. Goldberg, whose term has expired, representing the Board of Medicine, for a term commencing April 7, 2005 and expiring December 31, 2007.

April 11, 2005

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 9 of the Michigan Exposition and Fairgrounds Authority Act, 1978 PA 361, MCL 285.169:

State Exposition and Fairgrounds Authority Board

Mr.Pat G. Albright, a Republican, of 965 Flint Road, Coldwater, Michigan 49036, county of Branch, appointed to represent agricultural interests, for a term expiring February 28, 2007.

Ms.Karen Batchelor, a Democrat, of 460 West Canfield, Loft 304, Detroit, Michigan 48201, county of Wayne, appointed to represent the tourism industry in Michigan, for a term expiring February 29, 2008.

Mr.Thomas G. Coon, Ph.D., a Democrat, of 1222 Wild Cherry Drive, Williamston, Michigan 48895, county of Ingham, appointed to represent agricultural interests, for a term expiring February 28, 2006.

Mr.Kenneth J. DeCock, an Independent, of 80575 Holmes, Armada, Michigan 48005, county of Macomb, appointed to represent agricultural interests, for a term expiring February 29, 2008.

Mr.Edward Deeb, an Independent, of 35 Lochmoor Boulevard, Michigan 48236, county of Wayne, appointed to represent the business community, for a expiring February 28, 2007.

Ms.Elaine C. Driker, a Democrat, of 1525 Wellesley Drive, Detroit, Michigan 48203, county of Wayne, appointed to represent the general public, for a term expiring February 29, 2008.

Mr.Mark T. Gaffney, a Democrat, of 4721 Orchard Avenue, Dearborn, Michigan 48126, county of Wayne, appointed to represent organized labor, for a term expiring February 28, 2006.

Mr.Robert G. Porter, a Democrat, of 855 Marshfield, Ferndale, Michigan 48220, county of Oakland, appointed to represent the general public, for a term expiring February 28, 2007.

Mr.Thomas L. Valliere, a Republican, of 751 Takamarak Trail, Hope, Michigan 48628, county of Gladwin, appointed to represent county fairs, for a term expiring February 28, 2006.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Sanborn as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No.228, entitled

A bill to establish a loan repayment program for repayment of certain educational loans to agricultural employees in rural areas; to provide for the administration of the program; and to prescribe certain powers and duties of certain state officers, agencies, and departments.

Substitute (S-4).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

Resolutions

Senate Concurrent Resolution No.8.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Michigan State University relative to the Michigan State University Animal Health Diagnostic Laboratory.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.66 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senate Concurrent Resolution No.9.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Central Michigan University relative to the Central Michigan University Health Professions Building.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.67 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senate Concurrent Resolution No.10.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan ­ Ann Arbor Central Campus Renovation Phase II ­ Mason Hall and Haven Hall.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.68 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Senate Concurrent Resolution No.11.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget Roosevelt Parking Facility.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.69 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Introduction and Referral of Bills

Senator Basham introduced

Senate Bill No.360, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 9 (MCL 257.1809).

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

Senator Basham introduced

Senate Bill No.361, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261d.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senator Basham introduced

Senate Bill No.362, entitled

A bill to amend 1991 PA 46, entitled "Eligible domestic relations order act," by amending section 2 (MCL 38.1702).

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

Senator Basham introduced

Senate Bill No.363, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 2004 PA 475.

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

Senator Basham introduced

Senate Bill No.364, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4a (MCL 408.384a), as amended by 1997 PA 2.

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

Senators Hardiman, Thomas, Barcia, Jacobs, Garcia, Leland, Goschka, Cherry, Kuipers, Basham, Jelinek, Scott, Brown, Prusi and Birkholz introduced

Senate Bill No.365, entitled

A bill to amend 1968 PA 173, entitled "An act naming certain state buildings," by amending section 1 (MCL 19.131), as amended by 1999 PA 11.

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

Senators Garcia, Bernero, Hardiman, Birkholz, Goschka, McManus, Cherry, Schauer, Leland and Jacobs introduced

Senate Bill No.366, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74103a.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Switalski and Olshove introduced

Senate Bill No.367, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 10 (MCL 224.10), as amended by 2004 PA516.

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

Senators Switalski, Jacobs, Hardiman, Olshove and Cherry introduced

Senate Bill No.368, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21555.

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

Senator Thomas introduced

Senate Bill No.369, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310b.

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

Senators Brown, Hardiman, George and Birkholz introduced

Senate Bill No.370, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 2003 PA 130.

The bill was read a first and second time by title and referred to the Committee on Economic Development, Small Business and Regulatory Reform.

Senators Sanborn, Allen, Barcia, Gilbert, Van Woerkom, Kuipers, Jelinek, Toy, Hardiman, Goschka, Patterson, Birkholz, Basham, Garcia, Olshove, Switalski, Bishop, Stamas and Prusi introduced

Senate Bill No.371, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

The bill was read a first and second time by title and referred to the Committee on Economic Development, Small Business and Regulatory Reform.

House Bill No.4356, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2919a (MCL 600.2919a).

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No.4433, entitled

A bill to allow the display of the Ten Commandments and other documents with religious significance on public property under certain circumstances.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No.4482, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 1 (MCL 125.1801), as amended by 1998 PA 499.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

Statements

Senators George, Scott and Allen asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator George's statement is as follows:

I rise to note an important anniversary today, an event which is a landmark in Michigan and world history. It was on this day in 1955 that the results of the Salk polio vaccine field trials were announced in Michigan to a waiting world.

As you know, polio is a dreaded disease that had ravaged thousands of people, mostly children from the 1920s to the 1950s. It was known as infantile paralysis, and in 1916, an epidemic had paralyzed 27,000 and left 9,000 dead. Each succeeding year saw what one medical historian called "nightmare summers of quarantine and contagion." The outbreaks where sporadic and unpredictable. In 1952, the epidemic was the worse recorded, striking over 57,000 victims.

Now one of polio's victims had been a U.S. President, Franklin Roosevelt. In 1938, he helped start the National Foundation for Infantile Paralysis, which we now call the March of Dimes. The foundation raised funds which lead to the isolation and growth of the polio virus. Interestingly, the virus was grown successfully first in monkey kidneys. Growing the virus allowed for its study, and the March of Dimes later supported Dr.Jonas Salk's work to develop a vaccine. Dr.Salk had actually planned on becoming a lawyer but had changed his career plans and became a physician. He later trained at the University of Michigan under Dr.Thomas Francis. Dr.Francis had come to U of M to open the department of epidemiology and had previously developed the world's first influenza vaccine based on a killed virus. Dr.Salk learned these techniques under Dr.Francis at the University of Michigan and applied them then to the polio model to develop his Salk polio vaccine.

In 1953, Dr.Francis began a multimillion-dollar field trial of the vaccine. The project was funded with $7.5 million by the March of Dimes. It was the largest peacetime mobilization of volunteers in U.S. history. It involved field testing 1.8 million subjects in hundreds of testing sites in three different countries. In addition to thousands of school personnel, over 20,000 physicians and 40,000 nurses volunteered to participate. The trial was very exacting and involved a double-blind test where some children where given the actual vaccine and some were injected with water.

On April 12, 1955, the tenth anniversary of President Roosevelt's death, at 10:00a.m., the results of the trial were announced at a press conference given at the University of Michigan's Rackham Auditorium. Drs. Francis and Salk reported to the world that the vaccine had proven "safe, effective, and potent." The success of the vaccine led to its widespread use and polio's elimination as a public health threat. The last case of polio in the western hemisphere was reported in 1991.

Now ten years ago, at a ceremony to mark the 40th anniversary of the field trials, Dr.Salk spoke at Rackham Auditorium. Now he is since deceased, but his words are relevant today. He said, "The continued patronage of knowledge and of science for human use will make it possible to celebrate in the future other victories in preventing and curing diseases of the mind and the body and in discovering ways to enhance health and well-being long into the future. The spirit here today is more that of a rededication than a celebration, inspired by what happened 40 years ago. Let there be gatherings from time to time that we may be reminded of the past and create memories to be celebrated in the future. Let us generate hope and continue to aspire toward the creation of a new reality for our children and our children's children in the generation to come."

So, Mr.President, today I rise to pay tribute to Drs. Salk and Francis and the work that they did at our University of Michigan.

Senator Scott's statement is as follows:

First, I would like to give condolences to some families in Detroit who lost some children in the last few days. A
7-year-old who was sitting at her dinner table was shot; a 12-year-old who was taking trash out was killed; and a
17-year-old who was sitting on the porch. My heart goes out to these families. Hopefully, someday we can do something about this violence.

It is good to be back after a two-week break from session. Though we were busy with activities and meetings with constituents in our respective districts, I am hopeful that you were able to enjoy some quality time with your friends and families.

As we gear up for important legislative work, including work on the fiscal year 2006 budget, let us continue to be ever mindful of the concerns and cries for help from many of our constituents who are seeking relief in their auto and homeowners insurance rates. As you know, last month I launched a website that serves to provide information to the general public on insurance issues. It also offers citizens from across the state an opportunity to log on and tell their own insurance story. As you all know, I am committed to the cause, and I believe it is vital that we hear from--and listen to--those who are most negatively impacted by the high costs of auto and homeowners insurance.

Last month, before we left for the two-week break, the chair of the Senate Banking and Financial Institutions Committee stood before this chamber and stated that asking the important questions is what is very important. I believe the most important question we can ask ourselves is "what can this legislative body do to help bring down insurance premiums for the many citizens in this state, who, quite simply, cannot afford to pay the very high costs of auto and homeowners insurance?"

Let us, together, continue to work to find solutions.

Senator Allen's statement is as follows:

I would like to thank this body for their thoughts and prayers. My wife Suzanne and my daughter Meredith and I are happy to announce that Amanda Dorothy Allen has joined our family and the greater Senate family. Amanda is healthy, active, and beautiful. Weighing in at 9 pounds and 1 ounce and over 21 1/2 inches tall, she is already active and already has her parade wave down.

I want to thank this body for their support. This is a very special time in our lives and we appreciate this.

Committee Reports

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.4012, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending sections 4 and 16 (MCL 125.2154 and 125.2166), section 4 as amended by 2000 PA 248.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Gilbert, Jacobs and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.4013, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending sections 3 and 17 (MCL 125.1803 and 125.1817), section 3 as amended by 1983 PA 148.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Gilbert, Jacobs and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.4318, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 3 and 18 (MCL 125.1653 and 125.1668), section 3 as amended by 2004 PA 521.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Gilbert, Jacobs and Basham

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development, Small Business and Regulatory Reform submitted the following:

Meeting held on Wednesday, March 23, 2005, at 3:00p.m., Rooms 402 and 403, Capitol Building

Present: Senators Sanborn (C), Allen, Gilbert, Jacobs and Basham

The Committee on Local, Urban and State Affairs reported

House Bill No.4227, entitled

A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 15 (MCL 46.415), as amended by 1980 PA 187.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No.4117, entitled

A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States," (MCL 32.271 to 32.274) by adding section 3a.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Basham and Bernero

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Local, Urban and State Affairs submitted the following:

Meeting held on Thursday, March 24, 2005, at 1:00p.m., Room 110, Farnum Building

Present: Senators Toy (C), Birkholz, Goschka, Basham and Bernero

The Committee on Agriculture, Forestry and Tourism reported

Senate Bill No.226, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 23.

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

The committee further recommends that the bill be given immediate effect.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert and Jelinek

Nays: Senators Brater and Thomas

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture, Forestry and Tourism submitted the following:

Meeting held on Thursday, March 24, 2005, at 9:00a.m., Room 110, Farnum Building

Present: Senators Van Woerkom (C), Gilbert, Jelinek, Brater and Thomas

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Family Independence Agency submitted the following:

Meeting held on Thursday, March 24, 2005, at 8:30a.m., Room 100, Farnum Building

Present: Senators Hardiman (C) and Scott

Excused: Senator George

COMMITTEE ATTENDANCE REPORT

The Subcommittee on State Police and Military Affairs submitted the following:

Meeting held on Thursday, March 24, 2005, at 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senator Brown (C), Stamas and Clarke

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Thursday, March 24, 2005, at 2:00p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Cassis, Van Woerkom, Clark-Coleman and Leland

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Agriculture submitted the following:

Meeting held on Thursday, March 24, 2005, at 2:30p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Brown (C), Jelinek and Barcia

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Joint public hearing held on Monday, March 28, 2005, at 5:30p.m., Brighton City Hall, 200 N. First Street, Brighton

Present: Senators Gilbert (C) and Leland

Excused: Senators Kuipers, Goschka and Basham

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Joint public hearing held on Thursday, April 7, 2005, at 5:00p.m., Marysville City Council Chambers, 1111 Delaware Avenue, Marysville

Present: Senator Gilbert (C)

Excused: Senators Kuipers, Goschka, Leland and Basham

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Public hearing held on Friday, April 8, 2005, at 10:00a.m., Southside Sportsman Club, 539 Capitol Avenue, S.W., Battle Creek

Present: Senators Cropsey (C) and Schauer

Excused: Senators Bishop, Sanborn, Patterson, Bernero and Brater

COMMITTEE ATTENDANCE REPORT

The Subcommittee on History, Arts, and Libraries submitted the following:

Public hearing held on Monday, April 11, 2005, at 4:00p.m., Epic Theatre, Epic Center, 359 S. Kalamazoo Mall, Kalamazoo

Present: Senator George (C)

Excused: Senators McManus and Clarke

Scheduled Meetings

Agriculture, Forestry and Tourism - Thursday, April 14, 9:00a.m., Room 110, Farnum Building (373-1635)

Appropriations -

Subcommittees -

Agriculture - Thursdays, April 14, 2:30p.m.; and April 21, 3:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5932)

Capital Outlay - Thursday, April 14, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Commerce, Labor and Economic Development - Wednesdays, April 13, April 20 and April 27, 3:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2420)

Community Health Department - Thursdays, May 5, 2:30p.m.; and May 12, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower; May 19, 2:30p.m., Rooms 402 and 403, Capitol Building; and June 2, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-7946)

Family Independence Agency - Thursday, April 14, 11:00a.m., Room 110, Farnum Building (373-1801)

General Government - Tuesdays, April 19 and April 26, 1:00p.m., Room 810, Farnum Building; Wednesday, April 13 and Thursday, April 21, 8:30a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2420)

History, Arts, and Libraries - Tuesdays, April 19, 3:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (CANCELED); and April 26, 3:00p.m., Room 810, Farnum Building (373-0793)

State Police and Military Affairs - Thursdays, April 14, 1:00p.m.; and April 21, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5932)

Transportation Department - Tuesday, April 19, 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Legislative Retirement Board of Trustees - Wednesday, April 13, 3:00p.m., Room H-252, Capitol Building (373-0575)

Local, Urban and State Affairs - Thursday, April 14, 2:00p.m., Putney Lecture Hall, Room 1010, John E. Fetzer Center, Western Michigan University, 1903 West Michigan Avenue, Kalamazoo (373-1707)

Natural Resources and Environmental Affairs and House Natural Resources, Great Lakes, Land Use and Environment - Thursday, April 14, 8:00a.m., Room 519, House Office Building (373-3447)

Technology and Energy - Wednesday, April 13, 3:00p.m., Room 210, Farnum Building (373-7350)

Transportation - Tuesday, April 19, 1:00p.m., Room 110, Farnum Building (373-7708)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 10:39a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, April 13, 2005, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate