2006-SJ-05-18-048

No. 48

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Thursday, May 18, 2006.

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 Garcia--excused Patterson--present

Barcia--present George--present Prusi--present

Basham--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 Whitmer--present

Emerson--present Olshove--present

Pastor Timothy D. Brondyke of Fish Lake Bible Church of Sturgis offered the following invocation:

Our gracious and loving heavenly Father, we thank You today for the beautiful day that You have given us. We thank You for the opportunity to come before You and make our requests.

Father, we pray today that, because You are a righteous God, You would guide these honorable men and women in their decisions that they might do right. Father, because You are a just God, we would ask that they would seek justice in all their decisions. Father, because you are a holy God, we would ask that they would seek the very best for each individual.

Father, as we are in an election year, we desire that Your will would be done; that You would guide the process of choosing our leaders; that there might be honor and justice and truth. Father, as our state goes forward, we've been so blessed in our history that we would ask You to guide us in our future. Father, we'll give You the praise and glory for it.

In Jesus' name. Amen.

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

Motions and Communications

Senators Kuipers, Stamas and Whitmer entered the Senate Chamber.

Senator Schauer moved that Senators Barcia, Cherry, Clark-Coleman, Clarke, Leland, Prusi and Thomas be temporarily excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that consideration of the following bill be postponed for today:

Senate Bill No.246

The motion prevailed.

Senator Hammerstrom moved that Senator Garcia be excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No.1101

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

Senators Leland, George, Hardiman and Cherry entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 17:

House Bill Nos. 5885 5886 5959 5962 6034 6035

The Secretary announced that the following official bills were printed on Wednesday, May 17, and are available at the legislative website:

Senate Bill Nos. 1262 1263 1264 1265 1266 1267 1273

House Bill Nos. 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6069

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senators Clarke, Cropsey, Prusi, Thomas, Goschka, Johnson and Barcia entered the Senate Chamber.

Senator Hammerstrom moved that consideration of the following bill be postponed for today:

Senate Bill No.875

The motion prevailed.

Senate Bill No.718, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 34 (MCL 791.234), as amended by 2004 PA 218.

The House of Representatives has concurred in the Senate amendments to the House substitute (H-1).

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

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 Kuipers 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 without amendment, the following bill:

Senate Bill No.1101, entitled

A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 5b (MCL 211.905b), as amended by 2004 PA 543.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Hammerstrom moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:

Senate Bill No.1101

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

Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No.649

House Bill No.4460

Senate Bill No.1108

House Bill No.6021

House Bill No.4778

House Bill No.5843

House Bill No.5844

House Bill No.5930

Senate Bill No.1101

The motion prevailed.

The following bill was read a third time:

Senate Bill No.649, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 2002 PA 673.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.372 Yeas--36

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Nays--0

Excused--2

Clark-Coleman Garcia

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.4460, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending the title and section 19 (MCL 29.19), the title as amended by 1984 PA 314 and section 19 as amended by 1998 PA 45.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.373 Yeas--36

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Nays--0

Excused--2

Clark-Coleman Garcia

Not Voting--0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to provide for the prevention of fires and the protection of persons and property from exposure to the dangers of fire or explosion; to authorize the investigation of fires and the discovery of crime or other offenses in relation thereto; to require the razing, repair, or alteration of buildings, and the clearing and improvement of premises which constitute a fire hazard or a menace to the peace, security, or safety of persons or property; to control the construction, use, and occupancy of those buildings and premises for fire safety purposes; to provide for the certification of fire inspectors and the delegation of certain powers to those certified fire inspectors; to provide for the regulation of the storage and transportation of hazardous material; to provide for the issuance of certificates; to prohibit the use of certain fire extinguishers and fire extinguishing agents; to provide immunity from liability for certain persons; to provide for the administration of this act and prescribe procedure for the enforcement of its provisions; to fix penalties for violation of this act; to provide for the promulgation of rules; to provide for the assessment of fees; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No.1108, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending the title and section 19 (MCL 29.19), the title as amended by 1984 PA 314 and section 19 as amended by 1998 PA 45.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.374 Yeas--36

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Nays--0

Excused--2

Clark-Coleman Garcia

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.6021, entitled

A bill to amend 1986 PA 196, entitled "Public transportation authority act," by amending sections 8 and 18 (MCL 124.458 and 124.468), section 8 as amended by 1998 PA 168.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.375 Yeas--33

Allen Cropsey Jelinek Scott

Barcia Emerson Johnson Sikkema

Birkholz George Kuipers Stamas

Bishop Gilbert Leland Switalski

Brater Goschka McManus Thomas

Brown Hammerstrom Olshove Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Schauer Whitmer

Clarke

Nays--2

Patterson Sanborn

Excused--2

Clark-Coleman Garcia

Not Voting--1

Basham

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to authorize the formation of public transportation authorities with certain general powers and duties; to provide for the withdrawal of certain local entities from public transportation authorities; to authorize certain local entities to levy property taxes for public transportation service and public transportation purposes; to protect the rights of employees of existing public transportation systems; to provide for the issuance of bonds and notes; to provide for the pledge of taxes, revenues, assessments, tax levies, and other funds for bond or note payment; to provide for the powersand duties of certain state agencies; to validate taxes authorized before July 10, 1986, elections held before July 10, 1986, and bonds and notes issued before July 10, 1986; to provide for transfer of certain tax revenue and certain powers, rights, duties, and obligations; to authorize condemnation proceedings; to grant certain powers to certain local entities; to validate and ratify the organization, existence, and membership of public transportation authorities created before July 10, 1986 and the actions taken by those public transportation authorities and by the members of those public transportation authorities; and to prescribe penalties and provide remedies,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.4778, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 44520a.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.376 Yeas--26

Allen Cropsey Jelinek Prusi

Barcia Emerson Johnson Sanborn

Birkholz George Kuipers Sikkema

Bishop Gilbert Leland Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry Hardiman

Nays--10

Basham Jacobs Scott Thomas

Brater Olshove Switalski Whitmer

Clarke Schauer

Excused--2

Clark-Coleman Garcia

Not Voting--0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5843, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8b (MCL 722.628b), as amended by 1998 PA 484.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.377 Yeas--35

Allen Clarke Jelinek Scott

Barcia Cropsey Johnson Sikkema

Basham Emerson Kuipers Stamas

Birkholz George Leland Switalski

Bishop Gilbert Olshove Thomas

Brater Goschka Patterson Toy

Brown Hammerstrom Prusi Van Woerkom

Cassis Hardiman Sanborn Whitmer

Cherry Jacobs Schauer

Nays--0

Excused--2

Clark-Coleman Garcia

Not Voting--1

McManus

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

Senator Clark-Coleman entered the Senate Chamber.

The following bill was read a third time:

House Bill No.5844, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 3 (MCL 722.623), as amended by 2002 PA 693.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.378 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--1

Garcia

Not Voting--0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5930, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 6 (MCL 722.626), as amended by 1984 PA 418.

The question being on the passage of the bill,

Senator Hardiman offered the following amendment:

1. Amend page 2, line 22, by striking out the balance of the subdivision.

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

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.379 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--1

Garcia

Not Voting--0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No.1101, entitled

A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 5b (MCL 211.905b), as amended by 2004 PA 543.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.380 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--1

Garcia

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Hammerstrom moved that consideration of the following resolution be postponed for today:

Senate Resolution No.71

The motion prevailed.

House Concurrent Resolution No.35.

A concurrent resolution to request the Department of Community Health, the Department of Labor and Economic Growth, and the Department of History, Arts and Libraries be added as co-chairs to the Michigan After-School Partnership, to urge the partnership to expand and add additional programs, and to urge the partnership to report on its progress in reaching its goals.

Whereas, In 2003, House Resolution No.26 requested the Department of Education and the Department of Human Services to convene a task force named the Michigan After-school Initiative to develop quality after-school programs for all Michigan children. This initiative centered on efforts to assess the status of after-school services in Michigan, including identifying the number of children and youth served statewide in after-school programs and to develop a plan to ensure quality after-school programs for every school-age child in the state; and

Whereas, In 2004, the Legislature extended the duration of the Michigan After-school Initiative, directing the Department of Education and the Department of Human Services as co-chairs and re-naming it the Michigan After-School Partnership; and

Whereas, The Michigan After-school Initiative's survey found that 449,928 children are home alone after school in Michigan and potentially in need of programs during the hours they are not in school. The survey of Michigan households indicated that nearly one-third of Michigan's children are left to care for themselves for one to five days per week, and research shows that the likelihood of high-risk behaviors increases when youth are home alone 10 or more hours a week; and

Whereas, Structured experiences for youth provide excellent economic returns in that after-school programs can reduce child care costs, improve school performance, increase compensation/future taxable income earnings, reduce crime costs, and reduce welfare costs; and

Whereas, Almost 70 percent of all Michigan school-age children live in families where the sole parent or both parents work. Being unsupervised during the non-school hours puts children and youth at greater risk of truancy, performing poorly in school, depression, substance abuse, and becoming a victim of crime; and

Whereas, Providing structured experiences for youth can positively impact the public's health, as nearly 40 percent of Michigan youth say they engage in insufficient amount of physical activity. At least 10.7 percent of high school youth are overweight, and 13.3 percent are at risk for becoming overweight. It is far more likely that overweight youth will be overweight as adults, and the direct and indirect costs associated with physical inactivity in Michigan in 2002 are estimated at $8.9 billion; and

Whereas, The survey also found that 71 percent of families are without after-school programs and that 48 percent of Michigan families who do not have after-school care wish their children could attend after-school programs; and

Whereas, Research indicates that children who attend high-quality, out-of-school programs have better peer relations, emotional adjustment, conflict resolution skills, grades, and conduct in school compared to their peers who are not in out-of-school-time programs; and

Whereas, Children who attend quality out-of-school-time programs spend more time in learning opportunities, academic activities, and enrichment activities and spend less time watching television than their peers; and

Whereas, Parents and youth interviewed for the Michigan After-school Initiative 2003 Report detailed time and time again the positive difference out-of-school-time programs made in their lives and the lives of their families; and

Whereas, The Department of Education and the Department of Human Services were named as co-chairs of the Michigan After-School Partnership, and realizing the public health benefits and work-force development benefits of the after-school programs, the Department of Community Health and the Department of Labor and Economic Growth would greatly enhance the Michigan After-School Partnership; and

Whereas, Libraries and the cultural sector are two of the largest providers of after-school programs in Michigan. The Department of History, Arts and Libraries has developed a website listing many such programs and is a central place where parents and caregivers may become aware of available after-school opportunities. The Department of History, Arts and Libraries would be a valuable co-chair providing access via the Internet to information about after-school resources; and

Whereas, The 2003 task force report issued by the Michigan After-school Initiative focused on actions that would strengthen the state's ability to support high-quality, affordable, out-of-school-time programs and recommended policy changes in the areas of funding, interagency collaboration, capacity building, community collaboration, and evaluation. Implementing these recommendations will require the continued collaboration, focus, and commitment of the Department of Education, the Department of Human Services, and the additional collaboration, focus, and commitment of the Department of Community Health, the Department of Labor and Economic Growth, and the Department of History, Arts and Libraries; and

Whereas, The recommendations of the Michigan After-school Initiative reflect the expertise of parents and more than 70 representatives from 45 organizations that included state agencies, public institutions, and private nonprofit organizations with extensive experience in education, youth development, research, violence prevention, juvenile justice, child care, volunteerism, business, and social work. It is imperative for Michigan's school-age children and youth that the collaboration that produced this shared vision for out-of-school-time programming continue; and

Whereas, Hundreds of thousands of Michigan children and youth will be denied the opportunity to participate in activities that can help them reach their full potential and avoid the negative choices that are costly and detrimental to society if the state fails to implement the recommendations of the Michigan After-school Initiative: 1) to reinforce and extend existing public support for after-school programs; 2) to develop state structures and policies that support quality after-school programming; 3) to identify and facilitate access to sustainable funding mechanisms for existing after-school programs; 4) to ensure that all Michigan school-age children have access to a variety of quality after-school programs that enhance physical, social, emotional, and cognitive development; and 5) to alleviate after-school childcare burdens of working parents and caregivers; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Department of Community Health, the Department of Labor and Economic Growth, and the Department of History, Arts and Libraries be named as additional co-chairs to the Michigan After-School Partnership; and be it further

Resolved, That we urge that participation in the Michigan After-School Partnership be expanded beyond the membership of the initial Michigan After-school Initiative to increase the representation of parents, youth, foundations, employers, and others with experience in education, child care, after-school and youth development services, and crime and violence prevention; and be it further

Resolved, That we urge the Michigan After-School Partnership to work diligently with the private sector to understand the out-of-school-time needs of employed parents and their families, and that the partnership engage the public and private sectors in building and sustaining high quality out-of-school-time programs; and be it further

Resolved, That we urge that each year, on or before December 31, the Michigan After-School Partnership report its progress in reaching the recommendations set forth in the Michigan After-school Initiative's report to the Legislature and the Governor; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Education, the Michigan Department of Human Services, the Michigan Department of Community Health, the Michigan Department of History, Arts and Libraries, and the Michigan Department of Labor and Economic Growth.

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Hammerstrom moved that the rule be suspended.

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

The concurrent resolution was adopted.

Senators Hardiman, Jacobs and Switalski were named co-sponsors of the concurrent resolution.

Senate Concurrent Resolution No.40.

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 St. Clair County Community College relative to the St.Clair County Community College General Campus Renovations.

(For text of resolution, see Senate Journal No.23, p. 400.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Introduction and Referral of Bills

Senators Jacobs, George, Switalski, Goschka and Clark-Coleman introduced

Senate Bill No.1274, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20906, 20910, and 20919 (MCL 333.20906, 333.20910, and 333.20919), section 20906 as amended by 2004 PA 6, section 20910 as amended by 2004 PA 582, and section 20919 as amended by 2003 PA 233, and by adding section 20911.

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

House Bill No.5885, entitled

A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending sections 7b, 8, and 8a (MCL 125.37b, 125.38, and 125.38a), sections 7b and 8a as added and section 8 as amended by 2001 PA 265.

The House of Representatives has passed the bill.

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

House Bill No.5886, entitled

A bill to amend 1959 PA 168, entitled "An act to provide for township planning; for the creation, organization, powers and duties of township planning commissions; for the regulation and subdivision of land; and to prescribe penalties and provide remedies," by amending sections 7b, 8, and 9 (MCL 125.327b, 125.328, and 125.329), section 7b as added and sections 8 and 9 as amended by 2001 PA 263.

The House of Representatives has passed the bill.

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

House Bill No.5959, entitled

A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by amending sections 3 and 4 (MCL 207.1003 and 207.1004), as amended by 2002 PA 668.

The House of Representatives has passed the bill.

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

House Bill No.5962, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 406 (MCL 550.1406).

The House of Representatives has passed the bill.

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

House Bill No.6034, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2006 PA 21.

The House of Representatives has passed the bill.

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

House Bill No.6035, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2006 PA 117.

The House of Representatives has passed the bill.

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

Statements

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

The motion prevailed.

Senator Scott's statement is as follows:

From my website on insurance redlining, this story is from Detroit: "My insurance company Allied HUB International said that they insist my property be insured for $280,000 plus replacement with a yearly premium of $2,100 a year. I tried to work out a lower plan, but they refused. Once I told them I was a vet with a VA-backed loan, they backed off and changed their minds, but I chose another company."

Senator Stamas' statement is as follows:

I have a sad occasion today. One of my staff is departing; a staff member here for the Senate is departing. I don't know if many of you know this gentleman, but Craig Ryan has worked with me and with the Senate Majority Communications Office since January of 2005. Prior to that, he worked with Representative Ken Bradstreet in the House. I really got to know Craig back in 2002 when he helped me out throughout northern Michigan, which is his home.

When Craig started working with us, he covered northern Michigan and just did an incredible job working throughout northern Michigan for all the citizens of the state. When Georgia-Pacific closed their operations in Gaylord, Craig was really there on the front lines on a daily basis meeting face-to-face with locals and helping to figure out how we could best assist that community that was going through such a challenging time.

He has really made it possible to have a presence and to make sure that northern Michigan has had a critical voice here in Lansing. The folks up there have a great affection for him and for the work that he has done. His dedication for our state and for public service is truly commendable. I'm sad to see him leave, but am happy for his new opportunity. Craig and his wife Telli and their three beautiful young children are moving to Alpena, which also happens to be in my district, so I was pleased for that. He's going to work for a large company there in Alpena. While he will technically be gone, I still have his phone number and he will be hearing from me.

Please join me in thanking Craig for his service to this institution and our state and wishing him and his family the best in his new endeavor.

By unanimous consent the Senate returned to the order of

Conference Reports

Senator Hammerstrom moved that joint rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill:

Senate Bill No.242

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

Senator Johnson submitted the following:

FIRST CONFERENCE REPORT

The Committee of Conference on the matters of difference between the two Houses concerning

Senate Bill No. 242, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and the legislative branch for the fiscal years ending September 30, 2005 and September 30, 2006; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

Recommends:

First: That the House recede from the Substitute of the House (H-6) as passed by the House for the Senate Substitute (S-5) as passed by the Senate.

Second: That the Senate and House agree to the Senate Substitute for the House Substitute as passed by the Senate, amended to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2005 and September 30, 2006; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2005-2006

Sec. 101. There is appropriated for certain state departments and certain other state purposes, the judicial branch, and the legislative branch as set forth in this part for the fiscal year ending September 30, 2006, from the following funds:

APPROPRIATION SUMMARY:

Full-time equated classified positions 113.2

GROSS APPROPRIATION $ 231,447,000

Total interdepartmental grants and intradepartmental transfers 18,182,900

ADJUSTED GROSS APPROPRIATION $ 213,264,100

Total federal revenues 82,959,700

Total local revenues 1,000,000

Total private revenues 5,178,800

Total other state restricted revenues 101,320,100

State general fund/general purpose $ 22,805,500

Sec. 102. DEPARTMENT OF AGRICULTURE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 1,874,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 1,874,000

Total federal revenues 1,099,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 250,000

State general fund/general purpose $ 525,000

(2) FOOD AND DAIRY

Food safety and quality assurance $ 625,000

GROSS APPROPRIATION $ 625,000

Appropriated from:

Federal revenues:

HHS-FDA 150,000

Special revenue funds:

Civil penalties 25,000

State general fund/general purpose $ 450,000

(3) PESTICIDE AND PLANT PEST MANAGEMENT

Pesticide and plant pest management $ 300,000

GROSS APPROPRIATION $ 300,000

Appropriated from:

State general fund/general purpose $ 300,000

(4) ENVIRONMENTAL STEWARDSHIP

Environmental stewardship $ 11,000

Groundwater and freshwater protection program 250,000

Migrant labor housing 145,000

GROSS APPROPRIATION $ 406,000

Appropriated from:

Federal revenues:

DHS, U.S. department of homeland security 11,000

Corporation for national and community services 250,000

DOL, foreign worker visa program 145,000

State general fund/general purpose $ 0

(5) LABORATORY PROGRAM

Laboratory services $ 543,000

GROSS APPROPRIATION $ 543,000

Appropriated from:

Federal revenues:

HHS-FDA 543,000

Special revenue funds:

Weights and measures regulation fees 225,000

State general fund/general purpose $ (225,000)

Sec. 103. DEPARTMENT OF ATTORNEY GENERAL

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 1,027,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 1,027,700

Total federal revenues 1,027,700

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) ATTORNEY GENERAL OPERATIONS

Attorney general operations $ 577,700

Child support enforcement 450,000

GROSS APPROPRIATION $ 1,027,700

Appropriated from:

Federal revenues:

Federal funds 517,000

HHS-OS, state Medicaid fraud control units 510,700

State general fund/general purpose $ 0

Sec. 104. CAPITAL OUTLAY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 47,609,800

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 47,609,800

Total federal revenues 1,470,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 45,839,500

State general fund/general purpose $ 300,300

(2) DEPARTMENT OF NATURAL RESOURCES

(a) WATERWAYS BOATING PROGRAM

Infrastructure improvements - state projects $ 3,970,000

Infrastructure improvements - local projects 1,500,000

Land acquisitions 1,000,000

GROSS APPROPRIATION $ 6,470,000

Appropriated from:

Federal revenues:

DHS, U.S. coast guard 1,470,000

Special revenue funds:

Waterways fund 5,000,000

State general fund/general purpose $ 0

(b) MICHIGAN NATURAL RESOURCES TRUST FUND

Natural resources trust fund projects $ 37,339,500

Trust fund acquisition projects by priority:

CMS Arcadia/Green Point Dunes conservation easement-phase III, Manistee and Benzie
counties (#05-132)

Lee Grande ranch conservation easement, Cheboygan County (#05-141)

Gratiot River county park addition (grant-in-aid to Keweenaw County) (#05-078)

Russell Lake winter deer habitat acquisition, Roscommon County (#05-156)

Kamehameha schools development rights purchase, Alger, Baraga, Chippewa, Gogebic,
Houghton, Luce, Marquette, Ontonagon, and Schoolcraft counties (#05-133)

Flowing well conservation easement, Kalkaska County (#05-140)

Wildlife area consolidation lump sum, various counties statewide (#05-154)

Stony Creek corridor park acquisition, Oakland County (grant-in-aid to Oakland
Township) (#05-102)

Bear River parcel conservation easement, Charlevoix County (#05-142)

Swedetown recreation area acquisition, Houghton County (grant-in-aid to Calumet
Township) (#05-119)

Winter deer habitat initiative, various counties in Upper and northern Lower Peninsulas
(#05-155)

State trailways initiative, various counties statewide (#05-136)

Highland Township property acquisition, Oakland County (grant-in-aid to Oakland
County) (#05-032)

Coldwater/Thornapple River acquisition, Kent County (grant-in-aid to Kent County)
(#05-055)

Pere Marquette trail extension, Clare County (grant-in-aid to city of Clare) (#05-171)

Elizabeth Lake Woods Park expansion, Oakland County (grant-in-aid to Waterford
Township) (#05-097)

St. Charles area park land acquisition, Saginaw County (grant-in-aid to village of
St. Charles) (#05-010)

Village Wood Lake/Orchard Hills west acquisition, Oakland County (grant-in-aid to
city of Novi) (#05-165)

Lighthouse west property conservation easement, Leelanau County (#05-147)

Wayland Rabbit River recreation project, Allegan County (grant-in-aid to city of
Wayland) (#05-047)

Grass River natural area addition, Antrim County (grant-in-aid to Antrim County)
(#05-024)

Trust fund development projects by priority:

Huron boardwalk, Mackinac County (grant-in-aid to city of St. Ignace) (#05-018)

Gladstone 10th street pier, Delta County (grant-in-aid to city of Gladstone) (#05-021)

Silk city nature trail, Ionia County (grant-in-aid to city of Belding) (#05-052)

Riverside park boat launch site improvements, Mason County (grant-in-aid to city of
Scottville) (#05-008)

North riverfront park heritage improvements, Alpena County (grant-in-aid to city of
Alpena) (#05-014)

Roselle park trail improvements, Kent County (grant-in-aid to Ada Township) (#05-106)

Manistique central park improvements, Schoolcraft County (grant-in-aid to city of
Manistique) (#05-109)

Pentoga park campground improvements, Iron County (grant-in-aid to Iron County)
(#05-128)

New Richmond bridge park development, Allegan County (grant-in-aid to Allegan
County) (#05-001)

State park camper cabins, Chippewa, Grand Traverse, Iosco, Iron, Jackson, Lapeer,
Livingston, Luce, Manistee, Marquette, Oakland, Presque Isle, St. Clair, Van Buren,
Washtenaw, and Wexford counties (#05-151)

Fishing quarry park development, Iron County (grant-in-aid to city of Caspian)
(#05-122)

Apple blossom trail river walkway, Iron County (grant-in-aid to city of Iron River)
(#05-077)

Ransom Lake natural area, Benzie County (grant-in-aid to Almira Township) (#05-118)

Sanford Lake park improvements, Midland County (grant-in-aid to Midland County)
(#05-074)

Fremont town and country path, Newaygo County (grant-in-aid to city of Fremont)
(#05-107)

Lansing river trail south extension, Ingham County (grant-in-aid to city of Lansing)
(#05-071)

Goodrich park renovations, Muskegon County (grant-in-aid to city of Whitehall)
(#05-086)

Falling waters trail project, Jackson County (grant-in-aid to Jackson County) (#05-117)

Campground access improvements, Otsego and Presque Isle counties (#05-143)

Fox memorial park improvements, Eaton County (grant-in-aid to Eaton County)
(#05-033)

Lake Michigan beach park improvements, Leelanau County (grant-in-aid to village of
Empire) (#05-124)

Riverside park capital improvement project, Washtenaw County (grant-in-aid to city
of Ypsilanti) (#05-054)

Boardman Lake trail west, Grand Traverse County (grant-in-aid to city of Traverse
City) (#05-104)

Kenneth Stanaback park, Kent County (grant-in-aid to city of Kentwood) (#05-026)

Beaverton fishing piers, Gladwin County (grant-in-aid to city of Beaverton) (#05-068)

Butzel playfield improvements, Wayne County (grant-in-aid to city of Detroit) (#05-072)

Cannon Township nonmotorized trail, Kent County (grant-in-aid to Cannon Township)
(#05-076)

Old Mackinac point light station improvements, Cheboygan County (grant-in-aid to
Mackinac Island state park commission) (#05-111)

Riverside park campground redevelopment, Mason County (grant-in-aid to city of
Scottville) (#05-009)

Tricentennial state park and harbor, Wayne County (#05-153)

GROSS APPROPRIATION $ 37,339,500

Appropriated from:

Special revenue funds:

Michigan natural resources trust fund 37,339,500

State general fund/general purpose $ 0

(c) WILDLIFE

Statewide deer range habitat acquisition $ 3,500,000

GROSS APPROPRIATION $ 3,500,000

Appropriated from:

Special revenue funds:

Game and fish protection - deer range improvement fund 3,500,000

State general fund/general purpose $ 0

(3) STATE BUILDING AUTHORITY FINANCED CONSTRUCTION PROJECTS

Schoolcraft College - technical services facility - authorized for planning in 2005 PA 10,
for design and construction (total authorized cost $12,700,000; state building authority
share $5,019,700; college share $7,680,100; state general fund share $200) $ 100

University of Michigan - student activities building - authorized for planning in 2005 PA 10,
for design and construction (total authorized cost $8,500,000; state building authority
share $5,751,600; university share $2,748,300; state general fund share $100) 100

West Shore Community College - new student learning center - authorized for planning
in 2005 PA 10, for design and construction (total authorized cost $7,899,400; state
building authority share $3,949,500; college share $3,949,700; state general fund share
$200) 100

GROSS APPROPRIATION $ 300

Appropriated from:

State general fund/general purpose $ 300

(4) DEPARTMENT OF EDUCATION

School for the deaf renovations $ 300,000

GROSS APPROPRIATION $ 300,000

Appropriated from:

State general fund/general purpose $ 300,000

Sec. 105. DEPARTMENT OF CIVIL RIGHTS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 516,400

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 516,400

Total federal revenues 516,400

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) CIVIL RIGHTS OPERATIONS

Civil rights operations $ 516,400

GROSS APPROPRIATION $ 516,400

Appropriated from:

Federal revenues:

EEOC, state and local antidiscrimination agency contracts $ 374,800

HUD, grant 141,600

State general fund/general purpose $ 0

Sec. 106. COMMUNITY COLLEGES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 225,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 225,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 225,000

(2) OPERATIONS

Wayne County Community College $ 225,000

GROSS APPROPRIATION $ 225,000

Appropriated from:

State general fund/general purpose $ 225,000

Sec. 107. DEPARTMENT OF COMMUNITY HEALTH

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 74,323,400

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 74,323,400

Total federal revenues 50,792,400

Total local revenues 0

Total private revenues 5,105,000

Total other state restricted revenues 20,779,200

State general fund/general purpose $ (2,353,200)

(2) COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES

PROGRAMS

Children with serious emotional disturbance waiver $ 570,000

GROSS APPROPRIATION $ 570,000

Appropriated from:

Federal revenues:

Total federal revenues 570,000

State general fund/general purpose $ 0

(3) INFECTIOUS DISEASE CONTROL

AIDS prevention, testing, and care programs $ 5,000,000

GROSS APPROPRIATION $ 5,000,000

Appropriated from:

Special revenue funds:

Total private revenues 5,000,000

State general fund/general purpose $ 0

(4) LABORATORY SERVICES

Laboratory services $ 300,000

GROSS APPROPRIATION $ 300,000

Appropriated from:

Special revenue funds:

Total other state restricted revenues 300,000

State general fund/general purpose $ 0

(5) EPIDEMIOLOGY

Epidemiology administration $ 47,000

Bioterrorism preparedness 2,951,800

GROSS APPROPRIATION $ 2,998,800

Appropriated from:

Federal revenues:

Total federal revenues $ 2,951,800

Special revenue funds:

Total private revenues 47,000

State general fund/general purpose $ 0

(6) LOCAL HEALTH ADMINISTRATION AND GRANTS

Lead abatement program $ 300,000

GROSS APPROPRIATION $ 300,000

Appropriated from:

Federal revenues:

Total federal revenues 300,000

State general fund/general purpose $ 0

(7) WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM

Women, infants, and children program administration and special projects $ 609,000

Women, infants, and children program local agreements and food costs 1,450,000

GROSS APPROPRIATION $ 2,059,000

Appropriated from:

Federal revenues:

Total federal revenues 2,001,000

Special revenue funds:

Total private revenues 58,000

State general fund/general purpose $ 0

(8) MEDICAL SERVICES ADMINISTRATION

Medical services administration $ 3,000,000

GROSS APPROPRIATION $ 3,000,000

Appropriated from:

Federal revenues:

Total federal revenues 3,000,000

State general fund/general purpose $ 0

(9) MEDICAL SERVICES

Long-term care services $ 21,836,500

Health plan services (2,353,200)

Medicaid adult benefits waiver 4,394,700

Federal Medicare pharmaceutical program (174,855,500)

Federal Medicare pharmaceutical program 147,073,100

Pharmaceutical services 64,000,000

Subtotal basic medical services program 60,095,600

GROSS APPROPRIATION $ 60,095,600

Appropriated from:

Federal revenues:

Total federal revenues 41,969,600

Special revenue funds:

Total other state restricted revenues 20,479,200

State general fund/general purpose $ (2,353,200)

Sec. 108. DEPARTMENT OF CORRECTIONS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 0

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 0

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) EXECUTIVE

Executive direction $ (3,710,800)

Executive direction 3,710,800

Prisoner reintegration program $ 4,000,000

GROSS APPROPRIATION $ 4,000,000

Appropriated from:

State general fund/general purpose $ 4,000,000

(3) CORRECTIONAL FACILITIES ADMINISTRATION

Supplementary operational expenditures $ (4,000,000)

GROSS APPROPRIATION $ (4,000,000)

Appropriated from:

State general fund/general purpose $ (4,000,000)

Sec. 109. DEPARTMENT OF EDUCATION

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 3,286,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 3,286,000

Total federal revenues 3,286,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) GRANTS ADMINISTRATION AND SCHOOL SUPPORT SERVICES

Grants administration and school support services operations $ 32,600

GROSS APPROPRIATION $ 32,600

Appropriated from:

Federal revenues:

Total federal revenues 32,600

State general fund/general purpose $ 0

(3) GRANTS AND DISTRIBUTIONS

Emergency impact aid, hurricanes $ 3,253,400

GROSS APPROPRIATION $ 3,253,400

Appropriated from:

Federal revenues:

Total federal revenues 3,253,400

State general fund/general purpose $ 0

Sec. 110. DEPARTMENT OF ENVIRONMENTAL QUALITY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 1,577,800

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 1,577,800

Total federal revenues 1,455,300

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 122,500

State general fund/general purpose $ 0

(2) EXECUTIVE OPERATIONS AND DEPARTMENT SUPPORT

Office of the Great Lakes $ 45,000

Executive direction 1,432,800

GROSS APPROPRIATION $ 1,477,800

Appropriated from:

Federal revenues:

DOC-NOAA, federal 22,500

EPA, multiple 1,432,800

Special revenue funds:

Great Lakes protection fund 22,500

State general fund/general purpose $ 0

(3) REMEDIATION AND REDEVELOPMENT

Little Black Creek site assessment; state match $ 100,000

GROSS APPROPRIATION $ 100,000

Appropriated from:

Special revenue funds:

Cleanup and redevelopment fund $ 100,000

State general fund/general purpose $ 0

Sec. 111. DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 631,800

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 631,800

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 631,800

(2) MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS

Arts and cultural grants $ 631,800

GROSS APPROPRIATION $ 631,800

Appropriated from:

State general fund/general purpose $ 631,800

Sec. 112. DEPARTMENT OF HUMAN SERVICES

(1) APPROPRIATION SUMMARY

Full-time equated classified positions 83.2

GROSS APPROPRIATION $ 5,521,400

Total interdepartmental grants and intradepartmental transfers (1,329,400)

ADJUSTED GROSS APPROPRIATION $ 6,850,800

Total federal revenues (28,750,600)

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 625,800

State general fund/general purpose $ 34,975,600

(2) CHILD SUPPORT ENFORCEMENT

Child support incentive payments $ (32,409,600)

Child support incentive payments 32,409,600

Child support enforcement operations 600,000

GROSS APPROPRIATION $ 600,000

Appropriated from:

Special revenue funds:

Total other state restricted revenues 600,000

State general fund/general purpose $ 0

(3) CHILD AND FAMILY SERVICES

Children's trust fund administration $ 87,600

Children's trust fund grants 210,100

Foster care payments (144,408,500)

Foster care payments 144,408,500

Domestic violence prevention and treatment 25,000

GROSS APPROPRIATION $ 322,700

Appropriated from:

Federal revenues:

Total federal revenues 271,900

Special revenue funds:

Children's trust fund 25,800

State general fund/general purpose $ 25,000

(4) LOCAL OFFICE STAFF AND OPERATIONS

Full-time equated classified positions 83.2

Field staff, salaries and wages--83.2 FTE positions $ (721,800)

Contractual services, supplies, and materials 531,900

GROSS APPROPRIATION $ (189,700)

Appropriated from:

Interdepartmental grant revenues:

IDG from DCH - medical services administration $ (923,600)

Federal revenues:

Total federal revenues (9,229,000)

Special revenue funds:

Private funds - hospital contributions (1,019,400)

State general fund/general purpose $ 10,982,300

(5) CENTRAL SUPPORT ACCOUNTS

Travel $ 106,000

Payroll taxes and fringe benefits 2,745,400

GROSS APPROPRIATION $ 2,851,400

Appropriated from:

Interdepartmental grant revenues:

IDG from DCH - medical services administration (405,800)

Federal revenues:

Total federal revenues (4,933,100)

Special revenue funds:

Private funds - hospital contributions 1,019,400

State general fund/general purpose $ 7,170,900

(6) PUBLIC ASSISTANCE

Family independence program $ 0

Day care services 1,937,000

Indigent burial (5,909,300)

Indigent burial 5,909,300

GROSS APPROPRIATION $ 1,937,000

Appropriated from:

Federal revenues:

Total federal revenues (11,463,000)

State general fund/general purpose $ 13,400,000

(7) INFORMATION TECHNOLOGY

GROSS APPROPRIATION $ 0

Appropriated from:

Federal revenues:

Total federal revenues (3,397,400)

State general fund/general purpose $ 3,397,400

Sec. 113. DEPARTMENT OF INFORMATION TECHNOLOGY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 19,512,300

Total interdepartmental grants and intradepartmental transfers 19,512,300

ADJUSTED GROSS APPROPRIATION $ 0

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) ADMINISTRATION

Health and human services $ 17,776,800

Education services (17,900)

Public protection services 617,700

Resources services (354,900)

Transportation services (460,400)

General services 1,951,000

GROSS APPROPRIATION $ 19,512,300

Appropriated from:

Interdepartmental grant revenues:

IDG from department of agriculture (6,000)

IDG from department of attorney general (16,400)

IDG from department of civil service $ (12,000)

IDG from department of environmental quality (207,100)

IDG from department of history, arts, and libraries (17,900)

IDG from department of human services 17,776,800

IDG from department of management and budget 2,000,000

IDG from department of military and veterans affairs (100)

IDG from department of natural resources (141,800)

IDG from department of state (37,000)

IDG from department of state police 634,200

IDG from department of transportation (460,400)

State general fund/general purpose $ 0

Sec. 114. JUDICIARY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 150,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 150,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 150,000

State general fund/general purpose $ 0

(2) COURT OF APPEALS

Court of appeals operations $ 150,000

GROSS APPROPRIATION $ 150,000

Appropriated from:

Special revenue funds:

Court filing/motion fees 150,000

State general fund/general purpose $ 0

Sec. 115. DEPARTMENT OF LABOR AND ECONOMIC GROWTH

(1) APPROPRIATION SUMMARY

Full-time equated classified positions 6.0

GROSS APPROPRIATION $ 33,282,500

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 33,282,500

Total federal revenues 32,600,000

Total local revenues 0

Total private revenues 10,000

Total other state restricted revenues 672,500

State general fund/general purpose $ 0

(2) PUBLIC SERVICE COMMISSION

Full-time equated classified positions 2.0

Administration, planning and regulation--2.0 FTE positions $ 122,500

Energy office 10,000

GROSS APPROPRIATION $ 132,500

Appropriated from:

Special revenue funds:

Private - oil overcharge 10,000

Public utility assessments 122,500

State general fund/general purpose $ 0

(3) BUREAU OF WORKER'S AND UNEMPLOYMENT COMPENSATION

Unemployment programs $ 32,600,000

GROSS APPROPRIATION 32,600,000

Appropriated from:

Federal revenues:

Federal section 903(d), SSA funds 32,600,000

State general fund/general purpose $ 0

(4) OFFICE OF FINANCIAL AND INSURANCE SERVICES

Full-time equated classified positions 4.0

Field staff, salaries and wages--4.0 FTE positions $ 550,000

GROSS APPROPRIATION $ 550,000

Appropriated from:

Special revenue funds:

Deferred presentment service transaction fees 550,000

State general fund/general purpose $ 0

Sec. 116. LEGISLATURE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 708,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 708,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 708,000

(2) LEGISLATIVE COUNCIL

Legislative council $ 500,000

Census tracking/reapportionment 208,000

GROSS APPROPRIATION $ 708,000

Appropriated from:

State general fund/general purpose $ 708,000

Sec. 117. DEPARTMENT OF MANAGEMENT AND BUDGET

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 2,966,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 2,966,700

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 2,966,700

State general fund/general purpose $ 0

(2) STATE FAIR

Unclassified positions $ 12,300

Michigan state fair operations 954,400

GROSS APPROPRIATION $ 966,700

Appropriated from:

Special revenue funds:

State exposition and fairgrounds fund 966,700

State general fund/general purpose $ 0

(3) INFORMATION TECHNOLOGY

Information technology services and projects $ 2,000,000

GROSS APPROPRIATION $ 2,000,000

Appropriated from:

Special revenue funds:

Pension trust funds 2,000,000

State general fund/general purpose $ 0

Sec. 118. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 2,475,600

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 2,475,600

Total federal revenues 2,256,600

Total local revenues 0

Total private revenues 0

Total other state restricted revenues $ 219,000

State general fund/general purpose $ 0

(2) DEPARTMENTWIDE APPROPRIATIONS

Starbase grant $ 206,600

GROSS APPROPRIATION $ 206,600

Appropriated from:

Federal revenues:

DOD-DOA-NGB 206,600

Special revenue funds:

State general fund/general purpose $ 0

(3) MILITARY TRAINING SITES AND SUPPORT FACILITIES

Military training sites and support facilities $ 2,050,000

GROSS APPROPRIATION $ 2,050,000

Appropriated from:

Federal revenues:

DOD-DOA-NGB 2,050,000

State general fund/general purpose $ 0

(4) GRAND RAPIDS VETERANS' HOME

Post and posthumous funds $ 183,300

GROSS APPROPRIATION $ 183,300

Appropriated from:

Special revenue funds:

Military family relief fund 183,300

State general fund/general purpose $ 0

(5) D.J. JACOBETTI VETERANS' HOME

Post and posthumous funds $ 35,700

GROSS APPROPRIATION $ 35,700

Appropriated from:

Special revenue funds:

Military family relief fund 35,700

State general fund/general purpose $ 0

Sec. 119. DEPARTMENT OF NATURAL RESOURCES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 7,448,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 7,448,000

Total federal revenues 2,940,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 4,158,000

State general fund/general purpose $ 350,000

(2) EXECUTIVE

Education and outreach $ 250,000

GROSS APPROPRIATION $ 250,000

Appropriated from:

Special revenue funds:

Game and fish protection fund - youth hunting and fishing education and outreach fund 250,000

State general fund/general purpose $ 0

(3) FISHERIES MANAGEMENT

Water withdrawal assessment tool $ 500,000

GROSS APPROPRIATION $ 500,000

Appropriated from:

Special revenue funds:

Clean Michigan initiative - clean water fund 500,000

State general fund/general purpose $ 0

(4) PARKS AND RECREATION

State parks $ 3,325,000

GROSS APPROPRIATION $ 3,325,000

Appropriated from:

Special revenue funds:

State park improvement fund $ 3,325,000

State general fund/general purpose $ 0

(5) LAW ENFORCEMENT

General law enforcement $ 1,553,000

GROSS APPROPRIATION $ 1,553,000

Appropriated from:

Federal revenues:

DHS, U.S. coast guard 1,470,000

Special revenue funds:

State park improvement fund 83,000

State general fund/general purpose $ 0

(6) GRANTS

Grant to counties - marine safety $ 1,470,000

GROSS APPROPRIATION $ 1,470,000

Appropriated from:

Federal revenues:

DHS, U.S. coast guard 1,470,000

State general fund/general purpose $ 0

(7) PAYMENTS IN LIEU OF TAXES

Purchased lands $ 350,000

GROSS APPROPRIATION $ 350,000

Appropriated from:

State general fund/general purpose $ 350,000

Sec. 120. DEPARTMENT OF STATE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 700,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 700,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 200,000

State general fund/general purpose $ 500,000

(2) REGULATORY SERVICES

Motorcycle safety education grants $ 200,000

GROSS APPROPRIATION $ 200,000

Appropriated from:

Special revenue funds:

Motorcycle safety fund 200,000

State general fund/general purpose $ 0

(3) ELECTION REGULATION

Election administration and services $ 500,000

GROSS APPROPRIATION $ 500,000

Appropriated from:

State general fund/general purpose $ 500,000

Sec. 121. DEPARTMENT OF STATE POLICE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 8,065,100

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 8,065,100

Total federal revenues 1,210,900

Total local revenues 1,000,000

Total private revenues 63,800

Total other state restricted revenues 5,290,400

State general fund/general purpose $ 500,000

(2) EXECUTIVE DIRECTION

Auto theft prevention program $ 2,150,400

GROSS APPROPRIATION $ 2,150,400

Appropriated from:

Special revenue funds:

Auto theft prevention fund 2,150,400

State general fund/general purpose $ 0

(3) SUPPORT SERVICES

Management services $ 160,000

GROSS APPROPRIATION $ 160,000

Appropriated from:

Federal revenues:

DOT 160,000

Special revenue funds:

State general fund/general purpose $ 0

(4) CRIMINAL JUSTICE INFORMATION CENTER

Criminal justice information center division $ 3,500,000

Traffic safety 80,000

GROSS APPROPRIATION $ 3,580,000

Appropriated from:

Special revenue funds:

Criminal justice information center service fees 3,000,000

Traffic crash revenue 80,000

State general fund/general purpose $ 500,000

(5) FORENSIC SCIENCES

DNA analysis program $ 759,200

Laboratory operations 351,700

GROSS APPROPRIATION $ 1,110,900

Appropriated from:

Federal revenues:

DOJ 1,050,900

Special revenue funds:

Forensic science reimbursement fees 60,000

State general fund/general purpose $ 0

(6) SPECIAL OPERATIONS

Operational support $ 63,800

GROSS APPROPRIATION $ 63,800

Appropriated from:

Special revenue funds:

Private donations 63,800

State general fund/general purpose $ 0

(7) INFORMATION TECHNOLOGY

Information technology services and projects $ 1,000,000

GROSS APPROPRIATION $ 1,000,000

Appropriated from:

Special revenue funds:

MPSCS local subscriber fees 1,000,000

State general fund/general purpose $ 0

Sec. 122. DEPARTMENT OF TRANSPORTATION

(1) APPROPRIATION SUMMARY

Full-time equated classified positions 9.0

GROSS APPROPRIATION $ 26,102,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 26,102,700

Total federal revenues 13,056,200

Total local revenues 0

Total private revenues 0

Total other state restricted revenues $ 13,046,500

State general fund/general purpose $ 0

(2) EXECUTIVE DIRECTION

Director $ (140,000)

Chief deputy (114,400)

Communications director (74,300)

Government affairs director (93,600)

UPTRAN director (41,900)

Commission advisor (67,600)

Unclassified salaries 531,800

GROSS APPROPRIATION $ 0

Appropriated from:

State general fund/general purpose $ 0

(3) DESIGN AND ENGINEERING SERVICES

Full-time equated classified positions 1.0

Engineering services

Salaries and fringe benefits--1.0 FTE position $ 90,000

Other operational expenses 2,950,200

GROSS APPROPRIATION $ 3,040,200

Appropriated from:

Federal revenues:

DOT-FHWA, highway research, planning, and construction 3,040,200

State general fund/general purpose $ 0

(4) INFORMATION TECHNOLOGY

Information technology services and projects $ 2,000,000

GROSS APPROPRIATION $ 2,000,000

Appropriated from:

Federal revenues:

State trunkline fund 2,000,000

State general fund/general purpose $ 0

(5) TRANSPORTATION PLANNING

Specialized planning services and local studies $ (200,000)

GROSS APPROPRIATION $ (200,000)

Appropriated from:

Special revenue funds:

Comprehensive transportation fund (200,000)

State general fund/general purpose $ 0

(6) ROAD AND BRIDGE PROGRAMS

State trunkline federal aid and road and bridge construction $ 20,862,500

County road commissions 200,000

GROSS APPROPRIATION $ 21,062,500

Appropriated from:

Federal revenues:

DOT-FHWA, highway research, planning, and construction 10,016,000

Special revenue funds:

Michigan transportation fund 200,000

State trunkline fund 10,846,500

State general fund/general purpose $ 0

(7) PUBLIC TRANSPORTATION AND FREIGHT SERVICES

Full-time equated classified positions 8.0

Passenger transportation services

Salaries and fringe benefits--8.0 FTE positions $ 895,000

GROSS APPROPRIATION $ 895,000

Appropriated from:

Federal revenues:

DOT, federal transit act 695,000

Special revenue funds:

Comprehensive transportation fund $ 200,000

State general fund/general purpose $ 0

(8) INTERCITY PASSENGER AND FREIGHT

Rail passenger service $ (8,200,000)

Passenger rail service 8,200,000

GROSS APPROPRIATION $ 0

Appropriated from:

State general fund/general purpose $ 0

(9) PUBLIC TRANSPORTATION DEVELOPMENT

Service initiatives $ (695,000)

GROSS APPROPRIATION $ (695,000)

Appropriated from:

Federal revenues:

DOT, federal transit act (695,000)

State general fund/general purpose $ 0

Sec. 123. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY

Full-time equated classified positions 15.0

GROSS APPROPRIATION $ (6,557,000)

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ (6,557,000)

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 7,000,000

State general fund/general purpose $ (13,557,000)

(2) LOCAL GOVERNMENT PROGRAMS

Full-time equated classified positions 15.0

Supervision of the general property tax law--15.0 FTE positions $ 2,700,000

GROSS APPROPRIATION $ 2,700,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 2,700,000

(3) GRANTS

Qualified agricultural loan payments $ 749,900

GROSS APPROPRIATION $ 749,900

Appropriated from:

State general fund/general purpose $ 749,900

(4) REVENUE SHARING

Special census payments $ 393,100

GROSS APPROPRIATION $ 393,100

Appropriated from:

State general fund/general purpose $ 393,100

(5) STATE BUILDING AUTHORITY RENT

State building authority rent - state agencies $ (3,960,000)

State building authority rent - department of corrections (5,810,000)

State building authority rent - universities (9,100,000)

State building authority rent - community colleges (230,000)

GROSS APPROPRIATION $ (19,100,000)

Appropriated from:

State general fund/general purpose $ (19,100,000)

(6) TOBACCO SECURITIZATION ECONOMIC DEVELOPMENT

Private research institute $ 1,000,000

Wet laboratory space 1,000,000

Agriculture development fund 5,000,000

GROSS APPROPRIATION $ 7,000,000

Appropriated from:

Special revenue funds:

21st century jobs fund $ 7,000,000

State general fund/general purpose $ 0

(7) MICHIGAN STRATEGIC FUND

Economic development job training grants $ 1,600,000

GROSS APPROPRIATION $ 1,600,000

Appropriated from:

State general fund/general purpose $ 1,600,000

(8) TAX PROGRAMS

Tax policy $ 100,000

GROSS APPROPRIATION $ 100,000

Appropriated from:

State general fund/general purpose $ 100,000

PART 2

PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2005-2006

GENERAL SECTIONS

Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources in part 1 for the fiscal year ending September 30, 2006 is $124,125,600.00 and state appropriations paid to local units of government are $943,100.00 as follows:

DEPARTMENT OF NATURAL RESOURCES

Purchased lands $ 350,000

DEPARTMENT OF TRANSPORTATION

Grants to county road commissions 200,000

DEPARTMENT OF TREASURY

Special census revenue sharing payments 393,100

TOTAL $ 943,100

Sec. 202. The appropriations made and expenditures authorized under part 1 and the departments, commissions, boards, offices, and programs for which appropriations are made under part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

DEPARTMENT OF ATTORNEY GENERAL

Sec. 221. (1) In addition to the funds appropriated in part 1, there is appropriated up to $500,000.00 from litigation expense reimbursements awarded to this state.

(2) The funds may be expended for the payment of court judgments or settlements; attorney fees; and litigation expenses, not including staff salaries and support costs, assessed against the office of the governor, the department of the attorney general, the governor, or the attorney general, when acting in an official capacity as the named party in litigation against this state. The funds may also be expended for the payment of state costs incurred under section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16.

(3) Unexpended funds at the end of the fiscal year may be carried forward for expenditure in the following year, up to a maximum authorization of $500,000.00.

CAPITAL OUTLAY

Sec. 225. The department of natural resources shall require local units of government to enter into agreements with the department of natural resources for the purpose of administering the natural resources trust fund grants identified in part 1. Among other provisions, the agreements shall require that grant recipients agree to dedicate to public outdoor recreation uses in perpetuity the land acquired or developed; to replace lands converted or lost to other than public outdoor recreation use; and, for parcels acquired that are over 5 acres in size, to provide the state with a nonparticipating 1/6minimum royalty interest in any acquired minerals that are retained by the grant recipient. The agreements shall also provide that the full payments of grants can be made only after proof of acquisition, or completion of the development project, is submitted by the grant recipient and all costs are verified by the department of natural resources.

Sec. 226. Any federal matching funds earned by the department of military and veteran's affairs for projects through the state facility preservation program authorized for construction in 2005 PA 10 and 2005 PA 297 are hereby appropriated in an amount not to exceed $1,500,000.00.

Sec. 227. The department of natural resources may transfer all revenues and unreserved receipts in the harbor development fund to the state waterways fund for the purposes appropriated in part 1 of this act.

DEPARTMENT OF COMMUNITY HEALTH

Sec. 231. The department shall keep a record of all complaints regarding the Medicare part D program made to the department by individuals dually eligible for the Medicare and Medicaid programs. Complaints that are to be recorded shall include complaints made via direct contact at a department office, by phone call, by fax, or by electronic mail. The department shall collect the following data regarding such complaints from dually eligible individuals:

(a) The nature of their complaint.

(b) The name of the prescription drug plan the individual is currently enrolled in.

DEPARTMENT OF CORRECTIONS

Sec. 241. The department of corrections is prohibited from spending any funds for the reopening or operation of any previously closed prison facility, or for expanding the capacity of any existing prison facility not already approved, unless and until the department utilizes existing vacant prison beds at the Michigan youth correctional facility, located in Webber Township, Lake County.

Sec. 242. Amounts appropriated in part 1 for prisoner reintegration programs may be designated as work projects and carried forward to support department of corrections prisoner reintegration programs. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.

DEPARTMENT OF EDUCATION

Sec. 243. The funds appropriated in part 1 for emergency impact aid, hurricanes shall be used to partially reimburse this state and nonpublic schools for the cost of educating students displaced by hurricanes Katrina and Rita during school year 2005-2006. Reimbursement shall be made on a per pupil basis in accordance with federal guidance. The school aid fund shall be reimbursed for the state aid foundation payments already made to local school districts for those students.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Sec. 246. The unexpended funds appropriated in part 1 for a hazardous waste manifest information infrastructure and a homeland security communication data flow project are considered work project appropriations and any unencumberedor unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the projects to be carried out is to improve the ability of states to track manifest data from generation of the hazardous waste product and to design and implement a coordinated homeland security communication data flow between participating states.

(b) The projects shall be accomplished by contract.

(d) The tentative completion date is September 30, 2010.

Sec. 247. For the fiscal year ending September 30, 2006, surplus funds in the community pollution prevention fund are hereby appropriated as follows:

(a) $3,000,000.00 to the waste reduction fee revenue fund.

(b) $7,000,000.00 to the environmental protection fund.

Sec. 248. For the fiscal year ending September 30, 2006, surplus funds of $12,000,000.00 in the cleanup and redevelopment trust fund are hereby appropriated to the environmental protection fund.

Sec. 249. The appropriation in section 165 for the Little Black Creek site assessment is available for any incurred state obligation related to the federal study of the Little Black Creek watershed. These funds shall not lapse at the end of the fiscal year, and shall be available until the site assessment project is completed.

Sec. 250. The department of environmental quality shall determine the steps to be taken to repair the Chappel Dam on Wiggins Lake, Gladwin County. A cost estimate for any recommended repairs shall be provided to the Gladwin County board of commissioners and the house and senate appropriations subcommittees on environmental quality on or before September 30, 2006.

DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

Sec. 250a. (1) From the funds appropriated in part 1 for the Michigan council for arts and cultural affairs, the department shall not award grant funding to the Ann Arbor film festival or its successor.

(2) The department shall withhold undistributed grant payments awarded to the Ann Arbor film festival for the remainder of the 2005-2006 fiscal year.

DEPARTMENT OF HUMAN SERVICES

Sec. 251. From the funds appropriated in part 1 for domestic violence prevention and treatment, the department of human services shall allocate $25,000.00 in temporary assistance to needy families funds to Barry County for services that comply with all domestic violence board standards and reporting requirements.

Sec. 252. The department of human services may conduct a pilot indigent burial program in selected counties in which the payment caps set in section 613 of 2005 PA 147 shall not apply.

Sec. 253. The department of human services shall not expend funds appropriated in 2005 PA 147 and in part 1 to pay for the placement of a child in an out-of-state facility unless all of the following conditions are met:

(a) There is no appropriate placement available in this state, while an out-of-state placement does exist within 100miles of the child's home.

(b) The out-of-state facility meets all of the licensing standards of this state for a comparable facility.

(d) The department of human services has done an on-site visit to the out-of-state facility, reviewed the facility records, and reviewed licensing records and reports on the facility and believes that the facility is an appropriate placement for the child.

Sec. 254. (1) From the federal money received for child support incentive payments, up to $15,397,400.00 shall be retained by the state and expended for legal support contracts and child support program expenses. If payment from the federal government for collection performance incentives exceeds the amount received by the state for fiscal year 1999-2000, the total amount paid to the counties shall be no less than the total amount paid for federal performance incentives in fiscal year 2000-2001.

(2) If the child support incentive payment to the state from the federal government is less than was paid in fiscal year 2000-2001, the payment to counties shall be prorated in a like percentage amount reflecting reduced revenue.

(3) If the child support incentive payment to the state from the federal government is greater than the total of the amount retained by the state and that paid to the counties in subsection (1), the funds above the amount retained by the state and paid to the counties in subsection (1) shall be paid to the counties in an amount sufficient to restore the local match supplement to the amount paid by the state to the counties in fiscal year 2003-2004.

(4) If the child support payment to the state from the federal government is greater than the amount required to satisfythe provisions of subsections (1) and (3), the resulting additional funds shall be subject to appropriation by the legislature.

(5) The department of human services may, if cost beneficial to the state and counties, withhold from submitting to the federal office of child support administrative expenses eligible for federal financial participation. The department of human services may recoup earned, but unclaimed, federal funds from the resulting increased federal child support incentive. The recoupment by the department of human services shall be made prior to distribution of the increased incentive to the counties. Any incentive funds retained by this state under this section shall be separate and apart from any other incentive funds.

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

Sec. 276. The appropriation for unemployment programs under section 903(d) of title IX of the social security act, chapter 531, 116 Stat. 31, 42 USC 1103, is a work project appropriation and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide for an Internet-based claim system, update computer software systems to improve customer service for unemployment claimants, and provide support for unemployment agency operations.

(b) The work project shall be accomplished through the use of interagency agreements, state employees, and contracts.

(d) The tentative completion date is September 30, 2011.

LEGISLATURE

Sec. 301. From the funds appropriated in part 1, the legislative council is authorized to expend an amount not to exceed $500,000.00 for the purpose of hiring a private firm to evaluate the management, efficiency, and effectiveness of prisons in the department of corrections.

Sec. 302. The unexpended funds appropriated in part 1 for the census tracking/reapportionment are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to develop a database with the necessary tools to accomplish the redistricting project.

(b) The project shall be accomplished by contract or state employees.

(d) The tentative completion date is September 30, 2010.

DEPARTMENT OF MANAGEMENT AND BUDGET

Sec. 351. The department of management and budget may charge state agencies for fuel cost increases that exceed the average retail cost per gallon of unleaded gasoline of $2.27. Revenues received from those charges are appropriated upon receipt.

DEPARTMENT OF NATURAL RESOURCES

Sec. 401. The funds appropriated in part 1 for the department of natural resources water withdrawal assessment tool shall be expended for the design and development of the assessment tool by the groundwater conservation advisory council described in section 32803 of the natural resources and environmental protection act, 1994 PA 451, MCL324.32803.

DEPARTMENT OF STATE

Sec. 441. The unexpended funds appropriated in part 1 for election administration and services are considered work project appropriations and any unencumbered and unallotted funds are forwarded into the succeeding fiscal year. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to develop a system and procedure for providing state authorized identification cards for voters not having a valid driver license or other state issued identification card.

(b) The project shall be accomplished by contract or state employees.

(d) The tentative completion date is September 30, 2009.

DEPARTMENT OF STATE POLICE

Sec. 451. From the funds appropriated in part 1, criminal justice information center, the department shall expend $500,100.00 to enforce the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, by locating offenders who are in violation of that act.

DEPARTMENT OF TRANSPORTATION

Sec. 452. (1) From the funds appropriated in part 1 from the comprehensive transportation fund for passenger rail service, the department shall negotiate with a rail carrier to provide rail service between Grand Rapids and Chicago and between Port Huron and Chicago on a 7-day basis, consistent with the other provisions of this section.

(2) Any state subsidy for rail passenger service between Grand Rapids and Chicago and between Port Huron and Chicago shall be limited to 50% of the portion of the cost not eligible for reimbursement by the federal government and shall not exceed $7,100,000.00.

(3) No state subsidy shall be provided from the funds appropriated in part 1 if the chosen rail carrier is Amtrak and Amtrak discontinues service or any portion of the service between Port Huron and Chicago and Grand Rapids and Chicago during the preceding fiscal year, unless the discontinuance of service was for track maintenance or was caused by acts of God.

DEPARTMENT OF TREASURY

Sec. 502. The appropriation in part 1 for private research institute is for a private research institute that has received a specific federal appropriation prior to 2005 for the creation of a good manufacturing facility. The facility shall be used for the production of drugs approved for use in clinical trials, as approved by the United States food and drug administration, and shall work to market the core technology alliance for the purposes of commercialization and providing access to advanced technologies to researchers affiliated with universities, private research institutes, and biotech and pharmaceutical firms.

Sec. 503. (1) The appropriation in part 1 for the agricultural development fund shall be awarded as specialty crop grants and loans pursuant to the Julian-Stille value-added act, 2000 PA 322, MCL 285.301 to 285.304. It is the intent of the legislature that the $5,000,000.00 appropriation contained in part 1 will be combined with the $5,000,000.00 appropriation contained in section 88j(3)(h) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088j, to provide a total of $10,000,000.00 from the 21st century jobs trust fund to the agriculture development fund.

(2) As used in this section, "specialty crop" means any agricultural commodity except wheat, feed grains, oilseeds, cotton, rice, peanuts, and tobacco, as well as products derived from these agricultural commodities.

(3) The funds appropriated in part 1 for the agricultural development fund shall not be expended unless all of the following bills of the 93rd Legislature are enacted into law:

(a) Senate Bill No. 1167.

(b) Senate Bill No. 1168.

Sec. 506. (1) The funds appropriated in part 1 for economic development job training grants shall be allocated in an amount of $800,000.00 each to the Michigan technical education center at Montcalm Community College and to Kirtland Community College.

(2) The appropriation to the Michigan technical education center at Montcalm Community College shall be used only to retrain local workers who have lost their jobs with a private firm due to a permanent facility closure. The appropriation may be used for costs including tuition reimbursements, equipment, supplies, textbooks, staff and programming costs associated with retraining these workers. Priority shall be given to the purchase of equipment needed to retrain the eligible workers to reenter the workforce. The appropriation shall not be expended on buildings or building additions and shall not be expended on administrative or indirect costs.

(3) The appropriation to Kirtland Community College shall be used only to retrain local workers who have lost their jobs with a private firm due to a permanent facility closure. The appropriation may be used for costs including tuition reimbursements, equipment, supplies, textbooks, staff and programming costs associated with retraining these workers. Priority shall be given to defraying tuition costs for workers not eligible for or unable to access any available federal assistance. The appropriation shall not be expended on buildings or building additions and shall not be expended on administrative or indirect costs.

(4) Before the Michigan strategic fund releases any of these funds, Montcalm Community College and Kirtland Community College shall submit to the department a detailed spending plan. Copies of this detailed spending plan shall be forwarded by the department to the state budget director, the chairs of the appropriation committees of the house of representatives and the senate, and the house and senate fiscal agencies.

(5) The department shall provide a report to the state budget director and the chairs of the appropriation committees of the house of representatives and the senate and to the house and senate fiscal agencies following the expenditure of these funds. The report shall contain information concerning the expenditure of the funds by expenditure category.

Sec. 507. From the funds appropriated in part 1, tax programs, the state treasurer, along with the directors of the house and senate fiscal agencies, shall collaborate to develop a legislative proposal that will allow the agencies access to all relevant taxpayer information while providing adequate protection against inappropriate disclosure. The proposal shall be presented by August 1, 2006 to the senate majority leader, the chair of the senate standing committee on finance, the speaker of the house of representatives, and the chair of the house of representatives standing committee on tax policy.

Sec. 509. The funds appropriated in part 1 for wet laboratory space shall be provided to a regional economic development entity associated with a research university that has a medical school for the purpose of leasing existing wet laboratory space made available to the regional economic development entity.

Sec. 510. The unexpended funds appropriated in part 1 for economic development and job training grants are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a of the management and budget act, 1984 PA431, MCL 18.1451a:

(a) The purpose of the project is to retrain workers to provide the skills necessary to reenter the work force.

(b) The project shall be accomplished by contract or employees employed by Montcalm Community College and Kirtland Community College.

(d) The tentative completion date is September 30, 2010.

REPEALER

Sec. 1201. (1) Section 513 of 2005 PA 147 is repealed.

(2) Section 901 of 2005 PA 147 is repealed.

(3) Section 308 of 2005 PA 146 is repealed.

(4) Section 902 of 2005 PA 297 is repealed.

(5) Section 711 of 2005 PA 158 is repealed.

(6) Section 1015 of article IV of 2005 PA 154 is repealed.

(7) Section 311 of 2005 PA 158 is repealed.

Third: That the Senate and House agree to the title of the bill to read as follows:

Shirley Johnson

Tony Stamas

Conferees for the Senate

Scott Hummel

John Pastor

Richard J. Brown

Conferees for the House

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.381 Yeas--34

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop George Leland Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Sanborn Van Woerkom

Cherry Hardiman Schauer Whitmer

Clark-Coleman Jacobs

Nays--2

Allen Prusi

Excused--1

Garcia

Not Voting--1

McManus

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Committee Reports

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.499, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 73102 and 73105 (MCL 324.73102 and 324.73105), section 73102 as amended by 1998 PA 546 and section 73105 as added by 1995 PA 58.

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.

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson and Van Woerkom

Nays: Senators Brater and Basham

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

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1105, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43502, 43505, 43517, 43520, 43523, 43524, 43525, 43525a, 43526, 43527, 43528, 43529, and 43531 (MCL 324.43502, 324.43505, 324.43517, 324.43520, 324.43523, 324.43524, 324.43525, 324.43525a, 324.43526, 324.43527, 324.43528, 324.43529, and 324.43531), sections 43502, 43505, 43523, 43525, 43526, 43527, 43528, 43529, and 43531 as amended by 1996 PA 585, sections 43517 and 43520 as added by 1995 PA 57, section 43524 as amended by 2002 PA 81, and section 43525a as added by 1998 PA 291.

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

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom and Basham

Nays: Senator Brater

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

The Committee on Natural Resources and Environmental Affairs reported

House Bill No.5192, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43517, 43520, and 43525 (MCL 324.43517, 324.43520, and 324.43525), sections 43517 and 43520 as added by 1995 PA 57 and section 43525 as amended by 1996 PA 585.

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

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom and Basham

Nays: Senator Brater

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

The Committee on Natural Resources and Environmental Affairs reported

House Bill No.5674, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 76702 (MCL 324.76702), as added by 1995 PA 58.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources and Environmental Affairs submitted the following:

Meeting held on Tuesday, May 16, 2006, at 3:00p.m., Room 110, Farnum Building

Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham

The Committee on Judiciary reported

House Bill No.4977, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Whitmer and Brater

Nays: None

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

The Committee on Judiciary reported

House Bill No.5143, entitled

A bill to clarify the rights and duties of self-defense and the defense of others; and to provide for certain remedies.

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

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer

Nays: Senators Whitmer and Brater

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

The Committee on Judiciary reported

Senate Bill No.1046, entitled

A bill to clarify the rights and duties of self-defense and the defense of others; to provide for criminal and civil immunity under certain circumstances; to regulate the investigation of incidents involving self-defense or the defense of others; and to provide for certain remedies.

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer

Nays: Senators Whitmer and Brater

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

The Committee on Judiciary reported

House Bill No.5841, entitled

A bill to create the methamphetamine reporting act; to prescribe the powers and duties of certain state and local departments and agencies; to require certain reports by certain persons; and to prohibit the disclosure of certain information under certain circumstances.

With the recommendation that the bill pass.

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Whitmer and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No.5142, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 21c to chapter VIII.

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer

Nays: Senators Whitmer and Brater

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

The Committee on Judiciary reported

House Bill No.5153, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27 to chapter VII.

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer

Nays: Senators Whitmer and Brater

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

The Committee on Judiciary reported

Senate Bill No.1185, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2922b.

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

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn and Patterson

Nays: Senators Whitmer and Brater

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

The Committee on Judiciary reported

House Bill No.5548, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2922b.

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer

Nays: Senators Whitmer and Brater

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

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, May 16, 2006, at 1:10p.m., Room 210, Farnum Building

Present: Senators Cropsey (C), Bishop, Sanborn, Patterson, Schauer, Whitmer and Brater

The Committee on Finance reported

Senate Bill No.1101, entitled

A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 5b (MCL 211.905b), as amended by 2004 PA 543.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Wednesday, May 17, 2006, at 12:08p.m., Room 110, Farnum Building

Present: Senators Cassis (C), McManus, Thomas and Brater

Excused: Senator Garcia

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Tuesday, May 16, 2006, at 3:00p.m., Room 100, Farnum Building

Present: Senators Allen (C), Toy, McManus, Schauer and Olshove

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Supplemental Appropriations (SB 242) submitted the following:

Meeting held on Wednesday, May 17, 2006, at 12:30p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Johnson (C), Prusi and Stamas

COMMITTEE ATTENDANCE REPORT

The Committee on Technology and Energy submitted the following:

Meeting held on Wednesday, May 17, 2006, at 3:00p.m., Room 210, Farnum Building

Present: Senators Patterson (C), Kuipers, Birkholz, Brown, Cassis, Olshove and Thomas

Absent: Senator Leland

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees submitted the following:

Meeting held on Wednesday, May 17, 2006, at 3:00p.m., Room H-252, Capitol Building

Present: Senators Hammerstrom and Leland

Scheduled Meetings

21st Century Jobs Funds Joint Select Oversight Committee (SCR 38) - Thursday, May 25, 1:30p.m., Room 519, South Tower, House Office Building (373-2420)

Appropriations -

Subcommittees -

Commerce, Labor and Economic Development - Tuesday, May 23, 8:30a.m., Room 405, Capitol Building(373-2420)

Transportation Department - Tuesday, May 23, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523) (CANCELED)

Government Operations - Tuesday, May 23, 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0797)

Local, Urban and State Affairs - Thursday, June 8, 1:00p.m., Room 110, Farnum Building (373-1707)

Natural Resources and Environmental Affairs - Tuesday, May 23, 3:00p.m., Room 110, Farnum Building (373-3447)

Natural Resources and Environmental Affairs/House Natural Resources, Great Lakes, Land Use and Environment -Tuesday, May 23, 3:00p.m., Room 519, South Tower, House Office Building (373-3447) (CANCELED)

State Drug Treatment Court Advisory Committee - Tuesday, May 23, 9:00a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Subcommittees -

Certification - Tuesday, May 23, immediately after the full State Drug Treatment Court Advisory Committee meets, Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Cross Assignment - Tuesday, May 23, immediately after the full State Drug Treatment Court Advisory Committee meets, Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Transportation/House Transportation - Thursday, May 18, 12:30p.m. or later after committees are given leave by the House to meet, Room 519, South Tower, House Office Building (373-7708)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 10:58a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, May 23, 2006, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate