No. 52

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Tuesday, May 27, 2008.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator Randy Richardville.

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

Allen—present Garcia—present Pappageorge—present

Anderson—present George—present Patterson—present

Barcia—present Gilbert—present Prusi—present

Basham—present Gleason—present Richardville—present

Birkholz—present Hardiman—present Sanborn—present

Bishop—present Hunter—present Schauer—present

Brater—present Jacobs—present Scott—present

Brown—present Jansen—present Stamas—present

Cassis—present Jelinek—present Switalski—present

Cherry—present Kahn—present Thomas—present

Clark-Coleman—present Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present Olshove—present

Senator Raymond E. Basham of the 8th District offered the following invocation:

Dear gracious Heavenly Father, thank You for allowing legislators to assemble in this building to do the people’s work. Help us to remember why we were sent here and to whom we serve.

We ask this in Your Son’s name. We also ask that we work to compromise on issues and never our principles, that Thy will be done. Amen.

The President pro tempore, Senator Richardville, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Recess

Senator Cropsey moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:05 a.m.

11:14 a.m.

The Senate was called to order by the President pro tempore, Senator Richardville.

During the recess, Senators Clarke, Garcia, McManus, Hunter, Allen, Bishop, Jelinek, Hardiman, Van Woerkom, Cassis, George, Jansen, Pappageorge, Birkholz, Gilbert, Kuipers and Thomas entered the Senate Chamber.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

May 21, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:37 p.m. this date, administrative rule (08-05-09) for the Department of Labor and Economic Growth “Technical Standards for Electric Service.”

These rules take effect immediately after filing with the Secretary of State.

May 21, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:39 p.m. this date, administrative rule (08-05-10) for the Department of Labor and Economic Growth “Billing Practices Applicable to Non-Residential Electric and Gas Customers.”

These rules take effect immediately after filing with the Secretary of State.

May 21, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:41 p.m. this date, administrative rule (08-05-11) for the Department of Labor and Economic Growth “Telecommunications License Transfer Procedures.”

These rules take effect immediately after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from October 1, 2007 through December 31, 2007, and are available in the Secretary’s office during business hours for public inspection:

Committee Chairperson

Agriculture Senator Gerald Van Woerkom

Appropriations Senator Ron Jelinek

Banking and Financial Institutions Senator Randy Richardville

Campaign and Election Oversight Senator Michelle McManus

Commerce and Tourism Senator Jason Allen

Economic Development and Regulatory Reform Senator Alan Sanborn

Education Senator Wayne Kuipers

Energy Policy and Public Utilities Senator Bruce Patterson

Families and Human Services Senator Mark Jansen

Finance Senator Nancy Cassis

Government Operations and Reform Senator Michael Bishop

Health Policy Senator Tom George

Homeland Security and Emerging Technologies Senator Cameron Brown

Judiciary Senator Wayne Kuipers

Local, Urban and State Affairs Senator Gerald Van Woerkom

Natural Resources and Environmental Affairs Senator Patricia Birkholz

Senior Citizens and Veterans Affairs Senator Jason Allen

Transportation Senator Jud Gilbert

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 22:

House Bill Nos. 5065 5066 5070 5073 5870

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, May 22, for her approval the following bill:

Enrolled Senate Bill No. 747 at 3:35 p.m.

The Secretary announced that the following official bills were printed on Thursday, May 22, and are available at the legislative website:

House Bill Nos. 6132 6133 6134 6135 6136 6137 6138 6139 6140 6141 6142 6143 6144 6145

6146 6147 6148 6149 6150

The Secretary announced that the following official bills and joint resolution were printed on Friday, May 23, and are available at the legislative website:

House Bill Nos. 6151 6152 6153 6154 6155 6156 6157 6158 6159 6160 6161 6162 6163 6164

6165 6166 6167 6168 6169 6170 6171 6172 6173 6174 6175 6176 6177 6178

6179 6180 6181

House Joint Resolution CCC

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

House Bill No. 5807

House Bill No. 5808

House Bill No. 5812

House Bill No. 5814

House Bill No. 5804

House Bill No. 5809

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

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Cropsey 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 pro tempore, Senator Richardville, designated Senator Hardiman as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5804, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

Substitute (S-1).

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5807, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

Substitute (S-1).

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

Senator Cropsey 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 pro tempore, Senator Richardville, designated Senator Kuipers as Chairperson.

House Bill No. 5814, entitled

A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 9, by striking out “10,389.8” and inserting “10,391.8”.

2. Amend page 2, line 11, by striking out “10,395.8” and inserting “10,397.8”.

3. Amend page 5, line 20, by striking out “142.3” and inserting “144.3”.

4. Amend page 6, line 12, by striking out “10.0” and inserting “12.0”.

5. Amend page 44, following line 23, by inserting:

“(3) The department shall collaborate with the state child abuse and neglect prevention board to develop recommendations on how to best incorporate child abuse prevention strategies and practices into suggested changes in state statute and department policy. The department shall provide any recommendations developed with the state child abuse and prevention board to the senate and house standing committees on human services and appropriations subcommittees on the department budget not later than March 1, 2009.

(4) From the funds appropriated in part 1 for children’s trust fund administration, the department shall devote $180,000.00 towards 2.0 additional FTE for administration of the children’s trust fund.” and renumbering the remaining subsections, and adjusting the subtotals, totals, and section 201 accordingly.

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5812, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

Substitute (S-1).

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5808, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2009; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 5804

House Bill No. 5807

House Bill No. 5814

House Bill No. 5812

House Bill No. 5808

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

The following bill was read a third time:

House Bill No. 5804, entitled

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. 331 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5807, entitled

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. 332 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5814, entitled

The question being on the passage of the bill,

Senator Scott offered the following amendments:

1. Amend page 2, line 12, by striking out “$4,642,241,200” and inserting “$4,652,241,200”.

2. Amend page 2, line 16, by striking out “$4,639,824,500” and inserting “$4,649,824,500”.

3. Amend page 2, line 23, by striking out “$1,354,038,600” and inserting “$1,364,038,600”.

4. Amend page 11, line 12, by striking out “409,749,900” and inserting “419,749,900”.

5. Amend page 11, line 14, by striking out “$2,282,311,400” and inserting “$2,292,311,400”.

6. Amend page 11, line 22, by striking out “$510,904,900” and inserting “$520,904,900”.

7. Amend page 12, line 10, after “is” by striking out “$1,415,637,700.00” and inserting “$1,425,637,700.00” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Scott offered the following amendments:

1. Amend page 2, line 12, by striking out “$4,642,241,200” and inserting “$4,643,241,200”.

2. Amend page 2, line 16, by striking out “$4,639,824,500” and inserting “$4,640,824,500”.

3. Amend page 2, line 23, by striking out “$1,354,038,700” and inserting “$1,355,038,700”.

4. Amend page 6, line 6, by striking out “3,843,800” and inserting “4,843,800”.

5. Amend page 7, line 1, by striking out “$612,899,600” and inserting “$613,899,600”.

6. Amend page 7, line 5, by striking out “$611,599,600” and inserting “$612,599,600”.

7. Amend page 7, line 14, by striking out “$200,369,300” and inserting “$201,369,300”.

8. Amend page 12, line 10, after “is” by striking out “$1,415,637,700.00” and inserting “$1,416,637,700.00” and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments,

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 333 Yeas—18

Anderson Clark-Coleman Olshove Scott

Barcia Clarke Prusi Switalski

Basham Gleason Richardville Thomas

Brater Hunter Schauer Whitmer

Cherry Jacobs

Nays—20

Allen Cropsey Jansen Pappageorge

Birkholz Garcia Jelinek Patterson

Bishop George Kahn Sanborn

Brown Gilbert Kuipers Stamas

Cassis Hardiman McManus Van Woerkom

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Scott offered the following amendments:

1. Amend page 2, line 12, by striking out “$4,642,241,200” and inserting “$4,642,441,200”.

2. Amend page 2, line 16, by striking out “$4,639,824,500” and inserting “$4,640,024,500”.

3. Amend page 2, line 23, by striking out “$1,354,038,700” and inserting “$1,354,238,700”.

4. Amend page 7, line 25, by striking out “2,703,100” and inserting “2,903,100”.

5. Amend page 8, line 6, by striking out “$281,743,200” and inserting “$281,943,200”.

6. Amend page 8, line 14, by striking out “$163,634,700” and inserting “$163,834,700”.

7. Amend page 12, line 10, after “is” by striking out “$1,415,637,700.00” and inserting “$1,415,837,600.00” and adjusting the subtotals, totals, and section 201 accordingly.

8. Amend page 92, following line 8, by inserting:

“Sec. 732. From the funds appropriated in part 1 for juvenile justice, administration and maintenance, the department shall provide $200,000.00 to enhancing the mental health services available to individuals housed in juvenile facilities.”.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 334 Yeas—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Scott offered the following amendment:

1. Amend page 93, following line 8, by inserting:

“Sec. 752. If sufficient funding becomes available from local sources, the department shall support the operation of 2 additional family resource centers in Genesee County and 1 additional family resource center in Ingham County.”.

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. 335 Yeas—34

Allen Cropsey Jelinek Richardville

Anderson Garcia Kahn Sanborn

Barcia George Kuipers Schauer

Basham Gilbert McManus Scott

Birkholz Gleason Olshove Stamas

Bishop Hardiman Pappageorge Switalski

Brater Hunter Patterson Thomas

Brown Jacobs Prusi Van Woerkom

Clarke Jansen

Nays—4

Cassis Cherry Clark-Coleman Whitmer

Excused—0

Not Voting—0

In The Chair: Richardville

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Protest

Senator Cherry, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5814.

Senator Cherry’s statement is as follows:

I voted “no” for a couple of reasons. One is that there is some boilerplate language in the bill that relates to payments to foster care, and it includes unlimited counseling and therapy. The department was talking about how that will cost this budget untold millions of dollars. So I am voting “no” because if we are doing that but can’t find money for child care and child-care workers, I think that is the wrong direction. My “no” vote reflects that policy.

The following bill was read a third time:

House Bill No. 5812, entitled

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. 336 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5808, entitled

The question being on the passage of the bill,

Senator Basham offered the following amendment:

1. Amend page 30, line 16, by striking out all of section 384.

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

Roll Call No. 337 Yeas—18

Anderson Clark-Coleman Olshove Scott

Barcia Clarke Patterson Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry Jacobs

Nays—19

Allen Garcia Jelinek Richardville

Birkholz George Kahn Sanborn

Bishop Gilbert Kuipers Stamas

Brown Hardiman McManus Van Woerkom

Cropsey Jansen Pappageorge

Excused—0

Not Voting—1

Cassis

In The Chair: Richardville

Protests

Senators Cropsey and Hardiman, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Basham to House Bill No. 5808 and moved that statements they made during the discussion of the amendment be printed as their reasons for voting “no.”

The motion prevailed.

Senator Cropsey’s first statement is as follows:

I am kind of curious about the remarks of the previous speaker talking about how his amendment will allow the DRIC study to go forward. I would like to read the part of the budget bill that he wants to strike. I think he is probably doing just the opposite. The part he wants to strike says, on page 30 of the bill, line 16, “The state transportation department is allowed to finish the Detroit River international crossing (DRIC) study provided the activity associated with finishing the DRIC study shall not bind the state in any way to construction or future action of any DRIC project recommendation.”

Now, we were told last year that once the study was finished, they would have to come back to the Legislature and get authorization to do any more building. All this is saying is that the study is going to be finished, but don’t obligate the state to anything more than the study. I fail to understand how he is reading this section as killing the DRIC study. It specifically authorizes the DRIC study to go forward and to be finished. And the agreement that I had with Director Steudle last year was that we knew we needed to leave about $2 million more to finish the study in state tax dollars that would bring in $17 million in federal tax dollars. And if we didn’t do that, we would have to be paying back the federal government several millions of dollars. So I said, okay, we are going to finish the study. It was going to be around a couple million dollars, give or take a couple hundred thousand dollars, and I said, hey, if it costs more than $2 million and is a couple hundred thousand dollars more, I wouldn’t have a problem with that.

The study is going to be finished, and this language authorizes that the study be finished. It just says that before you start to build anything else, you can’t do it until you come back to the Legislature. And perhaps if the previous speaker would refer to Section 384, the specific language that kills the study, I would like to know where it is. Because as you read through Section 384, nowhere does it talk about stopping the study. It basically says finish the DRIC study, but don’t do anything beyond the DRIC study until you come back to the Legislature for authorization to build anything beyond that.

If perhaps the previous speaker could clarify where it is in the language and read it to us because as I am reading this language, it says the DRIC study is to be finished. I would appreciate the previous speaker clarifying which section, which words, what page, or what line says the DRIC study is going to be done away with by this Section 384. I don’t think you will find it.

Senator Hardiman’s statement is as follows:

I ask that the body not support this amendment. The language in the bill does not prohibit the DRIC study from being completed as the previous speaker has said. So I ask that we turn this amendment down.

Senator Cropsey’s second statement is as follows:

I appreciate the Senator from the 8th District getting up and explaining, but he never pointed out where this language—chapter and verse, so to speak, or page and line—kills the DRIC study. It does not kill the DRIC study. It authorizes the DRIC study to go forward and to be completed. I don’t know why he would want to take this language out that says that we need to maintain control of the Department of Transportation through the budget process, and make sure that they don’t go spending money beyond the DRIC study unless we have specifically authorized it.

Now, if you want to give up your rights as a Legislature in order to appropriate money to make sure the money is being spent properly, then fine, adopt the Basham amendment. But if you think maybe the Legislature ought to have some say in how monies are appropriated in this state, which I believe is our constitutional duty to do so, then we will want to turn down the Basham amendment.

So I would hope that as you take a look at this that you would say, “Let’s keep the current section in there, and let’s not just let this department run wild.” If you recall last year, a major concern that we as a Legislature had was that the previous year we had tried to stop the DRIC study. The Department of Transportation told us, they said, “All that was worded in such a way that we thought we could go ahead and do the study anyway,” which they went ahead and did so, in spite of the fact that they knew the intent of the Legislature was not to do the study at that time.

And because the Department of Transportation put us over a barrel, where they used a lot of federal dollars, millions of dollars in federal money, we would have to pay that all back if we didn’t get the study completed after they went forward with the study. We said, fine, we will put a couple million of state tax dollars into it to finish the study, but nothing beyond the study unless you come back and get specific authorization from us as a Legislature.

So I would urge that we turn down the Basham amendment so that we maintain control of the state purse strings and don’t allow a department to run roughshod over us and try an usurp our authority as a Legislature to appropriate the proper monies.

Senator Basham asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Basham’s first statement is as follows:

Another year, another budget—another transportation budget, same issue. This amendment actually strikes language that is very detrimental to the DRIC process. For those who don’t know what the DRIC study is, it is the Detroit River International Crossing study. There has been a member of this chamber trying to kill that study. The study is almost complete, and this is just further language that would stop, basically, commerce in this country. Thirty percent of the commerce between Canada and the U.S. goes across an 80-year-old privately-owned bridge.

There are 24 international border crossings in this country, 22 of them are publicly-owned. The DRIC process would be a public-private partnership financed by private equity bonds the same way as the Ambassador Bridge project if it were to proceed forward also. I am not in favor of killing the Ambassador Bridge from double-spanning their bridge if they can get all the permits and get an approval from both Canadian and American governments. But for the Ambassador Bridge folks to kill a public study, public progression of MDOT and the Canadian government, it’s a bilateral study. The Ambassador Bridge could very well be a bridge to nowhere because they do not have Canadian approval.

As a matter of fact, the Canadians have passed C3 legislation actually preventing a privately-owned international border crossing into Canada. Canada is actually our partner, and we need to make sure that when we go forward with any kind of study or any kind of approval for an international border crossing that we include neighbors to the north. They have been good neighbors, and that is why I am wearing a lapel pin today that shows both the U.S. flag and the Canadian flag.

This amendment, my amendment, would actually strike the troubling language that is in the transportation budget that essentially kills the DRIC study, a study supported by the Auto Alliance, Automation Alley, the Detroit Chamber of Commerce, the Ontario Chamber of Commerce, the Michigan manufacturers, and others. There is a reason that these business groups support the DRIC process going forward.

I would encourage members to think long and hard before not supporting this amendment. This has to do with jobs, commerce, and our country’s future as well as Michigan’s. So I would encourage your support of my amendment.

Senator Basham’s second statement is as follows:

First of all, the Legislature still retains budgetary review over any MDOT spending on this project. Secondly, if a decision is made to go forward with the public ownership and operator, the Legislature will need to create authorizing and enabling legislation for an authority and would have the opportunity to write in oversight requirements if the Legislature so desires. Thirdly, if the decision is made to go with the public-private partnership route, then the Legislature will need to create legislation to allow that and could write their own oversight rules into this legislation.

There is a reason that the Auto Alliance put out a letter supporting this project. And if I may quote them, it says, “The purpose of this letter is to strongly encourage you to continue to fund the DRIC project.” And we are getting hung up on the word “study” leading to a new crossing in the near future. I personally would support if the Ambassador Bridge gets their double span and they get their permits—that’s fine—but certainly not stopping the DRIC project.

So we won’t talk about narrowing it to just the study. Let both projects go forward, and let’s support commerce in this great state of Michigan.

Senator Anderson offered the following amendment:

1. Amend page 30, line 16, by striking out all of section 384 and inserting:

“Sec. 384. (1) The state transportation department is allowed to finish the Detroit River international crossing (DRIC) study. From the funds appropriated in part 1, the department is prohibited from pursuing actions beyond the normal completion of the study phase unless legislation is enacted permitting public private partnerships that can be utilized for a new international crossing at the Detroit River.

(2) The senate and house shall hold committee hearings on the involvement of the department on the DRIC study at which time the department shall present an accounting of any DRIC project costs.

(3) Within 30 days of the effective date of this act, the department shall submit a report to the senate and house appropriations subcommittees on transportation and the state transportation commission that identifies the source and use of all funds attributable to or expended in furtherance of the DRIC study or the border transportation partnership. The report shall include copies of all contracts, agreements, and expenses associated with the project from October 1, 2003 to June 30, 2008.”.

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

Roll Call No. 338 Yeas—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

Protests

Senators Pappageorge and Hardiman, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Anderson to House Bill No. 5808 and moved that statements they made during the discussion of the amendment be printed as their reasons for voting “no.”

The motion prevailed.

Senator Pappageorge’s statement is as follows:

You know, the underlying issue here, colleagues, is separation of powers. What these amendments are trying to do is to allow MDOT to proceed as if they have an okay to build a bridge. And the whole time we are deliberating on whether or not we ought to be building a bridge there, MDOT will be spending money to do exactly that. That is why the transportation bill is written the way it is, to assert the fact that there is a separation of powers issue here, and the department should not proceed as if they have an okay to build a bridge until we’ve seen that study and deliberated.

So I would urge my colleagues on all of these amendments and all these things about this would be a wonderful place to build a bridge and all the support from various people—don’t be distracted. The issue is separation of powers. We see that study, and then we decide whether MDOT should be spending taxpayer money to start building a bridge.

Senator Hardiman’s statement is as follows:

Mr. President, I rise to oppose this amendment. There is already language in the bill which allows for the completion of the DRIC study. It simply requires and is pretty tight that the department would come back to the Legislature. This has already been stated that that should be the process anyway. We should not allow the department to move forward without that. The language in the bill provides for that, so I would oppose this amendment.

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. 339 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

General Orders

Senator Cropsey 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 pro tempore, Senator Richardville, designated Senator Hardiman as Chairperson.

House Bill No. 5809, entitled

A bill to make appropriations for the department of labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 7, line 5, by striking out “4,163,300” and inserting “4,000,000”.

2. Amend page 7, line 14, by striking out “3,163,300” and inserting “3,000,000”.

3. Amend page 9, line 19, by striking out “76.6” and inserting “91.6”.

4. Amend page 9, line 19, by striking out “8,312,500” and inserting “9,512,500”.

5. Amend page 9, line 25, by striking out “94,452,800” and inserting “94,570,200”.

6. Amend page 10, line 8, by striking out “93,497,500” and inserting “93,614,900”.

7. Amend page 10, line 12, by striking out “12,957,700” and inserting “14,157,700”.

8. Amend page 15, line 3, by striking out “3,079,700” and inserting “3,243,000”.

9. Amend page 16, line 13, by striking out “23,856,400” and inserting “24,019,700” and adjusting the subtotals, totals, and section 201 accordingly.

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4216, entitled

A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending the title and sections 2, 4, 4a, 7, 12, 14, and 24 (MCL 408.752, 408.754, 408.754a, 408.757, 408.762, 408.764, and 408.774), section 2 as amended by 2004 PA 103, sections 4 and 7 as amended by 1980 PA 274, and section 4a as amended by 2004 PA 265, and by adding sections 13a, 13b, 13c, and 13d.

Substitute (S-2).

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5539, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” (MCL 125.2651 to 125.2672) by adding section 15a.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 27, after “(2)” by striking out “BEGINNING IN 2008, NOT LATER THAN JUNE 1 OF EACH” and inserting “NOT LATER THAN JUNE 15 OF 2008 AND NOT LATER THAN JUNE 1 OF EACH SUBSEQUENT”.

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5540, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” (MCL 125.2151 to 125.2174) by adding section 11b.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 23, after “JUNE” by striking out “1 OF EACH” and inserting “15 OF 2008 AND NOT LATER THAN JUNE 1 OF EACH SUBSEQUENT”.

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5541, entitled

A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” (MCL 125.1801 to 125.1830) by adding section 12b.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 8, after “JUNE” by striking out “1 OF EACH” and inserting “15 OF 2008 AND NOT LATER THAN JUNE 1 OF EACH SUBSEQUENT”.

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5542, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” (MCL 125.1651 to 125.1681) by adding section 13c.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 14, after “JUNE” by striking out “1 OF EACH” and inserting “15 OF 2008 AND NOT LATER THAN JUNE 1 OF EACH SUBSEQUENT”.

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

Recess

Senator Cropsey moved that the Senate recess until 2:30 p.m.

The motion prevailed, the time being 12:54 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Richardville.

Recess

Senator Cropsey moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 2:31 p.m.

3:24 p.m.

The Senate was called to order by the President pro tempore, Senator Richardville.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey 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 at the head of the Third Reading of Bills calendar:

House Bill No. 5809

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

The following bill was read a third time:

House Bill No. 5809, entitled

The question being on the passage of the bill,

Senator Anderson offered the following amendments:

1. Amend page 14, line 27, by striking out “235,028,600” and inserting “275,028,600”.

2. Amend page 16, line 13, by striking out “23,856,400” and inserting “63,856,400” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 48, line 17, by striking out all of section 432a and inserting:

“Sec. 432a. (1) Of the funds appropriated in part 1 for the workforce training programs subgrantees, $40,000,000.00 shall be used for the No-Worker-Left-Behind (NWLB) to be distributed as follows:

(a) $30,000,000.00 shall be used by the department to provide individuals with direct training in in-demand occupations, as determined by local workforce investment boards. These funds shall be distributed to local Michigan works! agencies based on demonstrated need. In distributing these funds, the department shall ensure funds are used for individuals who are ready for training in in-demand occupations and for whom training slots are available. Any Michigan works! agency receiving these funds shall reserve a portion, or otherwise assure that it has sufficient resource, to pay for the full course of approved training for each individual served. The department may utilize a portion of the funds distributed to local Michigan Works! agencies for redistribution to local libraries to assist in providing training in in-demand occupations, based on demonstrated need.

(b) $5,000,000.00 shall be used to provide adult basic education, remedial education, or other training for individuals not ready for postsecondary education, in order to prepare these individuals for postsecondary training and new careers.

(c) $5,000,000.00 shall be used to increase the capacity of community colleges and other public associate’s degree-granting institutions in this state to provide education and training to individuals receiving assistance under the program. Funding shall be provided to these educational institutions based on a competitive bidding process. The department shall establish criteria for awarding grants pursuant to the competitive bidding process that shall include all of the following:

(i) Collaboration among multiple educational institutions.

(ii) The expansion of online learning opportunities.

(iii) Collaboration among employers, employer organizations, and local workforce investment boards.

(iv) The expansion of existing programs or creation of new programs to meet existing or emerging training needs.

(v) A requirement that grant proposals include projected specific program outcomes.

(vi) A requirement that any grants awarded in excess of $1,000,000.00 shall involve the collaboration of multiple educational institutions to increase capacity statewide or within a large geographic or populous region of the state.

(2) The department shall convene a workgroup composed of individuals with expertise in adult education, community college leaders, and other interested parties to develop plans to increase collaboration among all parties involved in adult education.

(3) Of the funds appropriated in subsection (1)(c), $100,000.00 shall be used to develop a data collection system that provides information on a real-time basis on available training for the top 50 occupations requiring post secondary education that are most in demand by Michigan employers.

(4) In distributing funds for worker training and education, the department shall seek to maximize participation among food stamp recipients in order to obtain matching funds under the federal food stamp employment and training program established under chapter 51, title 7 of the United States Code, 7 USC 2011, et seq. The department shall also distribute funds in a manner that leverages other federal funds as well as funds from private and local sources.

(5) No later than January 31, 2010, the department shall submit a report to the senate and house of representatives standing committees on appropriations, the fiscal agencies, and the state budget office on the following:

(a) Detailed information including the amount, source, and subsequent use of any additional federal, state, local and private funds leveraged.

(b) Detailed information on how the $5,000,000.00 distributed in subsection (1)(c) was expended.

(c) Detailed information on the number of food stamp recipients receiving training and education assistance, and the amount of federal funds leveraged through the food stamp employment and training program.

(6) The funds appropriated in part 1 for the no-worker-left behind program are designated as work project appropriations and shall not lapse at the end of the fiscal year. Any unencumbered and unexpended funds shall continue to be available for expenditure until the project has been completed.

(7) It is the intent of the legislature that the department work with local public workforce partners and the Lewis College of Business in an effort to assist the college in participating in the no-worker-left-behind program.”.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 340 Yeas—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Scott offered the following amendment:

1. Amend page 32, line 21, by striking out all of section 337.

The question being on the adoption of the amendment,

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

Roll Call No. 341 Yeas—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Scott offered the following amendments:

1. Amend page 15, line 9, by striking out “500,000” and inserting “10,000,000”.

2. Amend page 16, line 13, by striking out “23,856,400” and inserting “33,356,400” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 342 Yeas—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Scott offered the following amendments:

1. Amend page 15, line 5, by striking out “10,910,500” and inserting “11,910,500”.

2. Amend page 16, line 10, by striking out “2,410,500” and inserting “3,410,500” and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments,

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 343 Yeas—19

Anderson Clark-Coleman Kahn Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Richardville Whitmer

Cherry Jacobs Schauer

Nays—18

Allen Garcia Jelinek Patterson

Birkholz George Kuipers Sanborn

Bishop Gilbert McManus Stamas

Brown Hardiman Pappageorge Van Woerkom

Cassis Jansen

Excused—0

Not Voting—1

Cropsey

In The Chair: Richardville

Senator Scott offered the following amendments:

1. Amend page 9, line 5, by striking out “26,253,300” and inserting “26,264,300”.

2. Amend page 9, line 13, by striking out “7,856,200” and inserting “7,867,200” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 33, line 20, by striking out all of section 355.

The question being on the adoption of the amendment,

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 344 Yeas—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

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. 345 Yeas—33

Allen Clarke Jacobs Patterson

Anderson Cropsey Jansen Richardville

Barcia Garcia Jelinek Sanborn

Basham George Kahn Schauer

Birkholz Gilbert Kuipers Scott

Bishop Gleason McManus Stamas

Brown Hardiman Olshove Switalski

Cassis Hunter Pappageorge Van Woerkom

Clark-Coleman

Nays—5

Brater Prusi Thomas Whitmer

Cherry

Excused—0

Not Voting—0

In The Chair: Richardville

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

House Bill No. 5811

House Bill No. 5810

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

By unanimous consent the Senate returned to the order of

General Orders

Senator Cropsey 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 pro tempore, Senator Richardville, designated Senator Hardiman as Chairperson.

House Bill No. 5811, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

Substitute (S-1).

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5810, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2009; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 15, line 15, after “courts.” by striking out the balance of the line through “incorporate” on line 16 and inserting “When developing the guiding protocols and principles, consideration should be given to”.

2. Amend page 20, line 20, after “on” by inserting “fulfilling the requirements of this section and”.

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted 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 Cropsey moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

House Bill No. 5811

House Bill No. 5810

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

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

House Bill No. 5811

House Bill No. 5810

House Bill No. 4965

The motion prevailed.

The following bill was read a third time:

House Bill No. 5811, entitled

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. 346 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5810, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2009; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain state and local departments, officials, and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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. 347 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—1

Thomas

Excused—0

Not Voting—0

In The Chair: Richardville

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Protest

Senator Thomas, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of the House Bill No. 5810.

Senator Thomas’ statement is as follows:

During committee and throughout much of this process, there was a proposal put forward that I believe would have created a cost-effective means for our state’s criminal justice system, and it would have saved substantial monies for Michigan taxpayers. It would have created mental health courts and used other diversion services. At a time when we have so many uninsured and so many folks suffering with mental illness without getting appropriate care, I believe that spending a small investment of resources through our budgeting process would have made sense.

As you know, mental health courts allow judges to direct people with mental illness charged with minor offenses treatment rather than jail. As lawmakers, it seems to me we should strive to control Michigan’s soaring corrections costs. We should be working to ensure that we make the best use of limited resources and the most appropriate sentencing for offenders. The fact is, however, far too many people who need mental health care, not jail, are serving time rather than getting treatment. Treating people with mental illness appropriately is both more humane and it makes the most of our limited state resources.

The vast majority of individuals with mental illness who are arrested are charged with minor, nonviolent offenses. Many of them do not have access to appropriate care. When in the acute phase of their illness, they may come in contact with law enforcement and are often sentenced to serious prison terms. People with mental illness are often unable to comply with prison rules. They may then be put into solitary confinement or kept longer in prison because of the conditions associated with their illness.

Proper mental health treatment, it seems to me, can prevent these incidents that land so many folks, unfortunately, into a prolonged stay in jail that adds to our overcrowding. I think that we missed an opportunity. While I am appreciative that there is a placeholder in this particular budget, I think that a more prudent investment of our state’s resources would be to fund mental health courts, and I think this Legislature should appropriately look at that.

The following bill was read a third time:

House Bill No. 4965, entitled

A bill to authorize the state administrative board to convey certain interests in property in Kalkaska county; and to provide for disposition of the revenue derived from the conveyance.

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. 348 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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.

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

Messages from the Governor

Senator Cropsey moved that consideration of the following bills be postponed for today:

Senate Bill No. 436

Senate Bill No. 222

Senate Bill No. 229

Senate Bill No. 232

Senate Bill No. 238

Senate Bill No. 240

The motion prevailed.

The following messages from the Governor were received:

Date: May 21, 2008

Time: 9:14 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 751 (Public Act No. 133), being

An act to amend 1984 PA 431, entitled “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 261 (MCL 18.1261), as amended by 2006 PA 622.

(Filed with the Secretary of State on May 21, 2008, at 2:08 p.m.)

Date: May 21, 2008

Time: 9:16 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 115 (Public Act No. 134), being

An act to amend 2003 PA 226, entitled “An act to provide for joint land use planning and the joint exercise of certain zoning powers and duties by local units of government; and to provide for the establishment, powers, and duties of joint planning commissions,” by amending the title and sections 3, 5, and 7 (MCL 125.133, 125.135, and 125.137).

(Filed with the Secretary of State on May 21, 2008, at 2:10 p.m.)

Date: May 21, 2008

Time: 9:20 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1007 (Public Act No. 136), being

An act to amend 2001 PA 266, entitled “An act to regulate the production, transportation, handling, processing, delivery, and sale of grade A milk and milk products; to define grade A milk and milk products and to establish standards and requirements for grade A milk and milk products; to provide for dairy food safety; to provide for the sampling, sampling analysis, and transportation of milk and milk products; to regulate the labeling, manufacture, distribution, and sale of milk and milk products for the protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of milk and milk products; to provide for enforcement; to provide for licenses and permits and revocation of licenses and permits; to impose certain fees; to require certain security arrangements of milk plants to ensure the prompt payment of producers; to prescribe powers and duties of certain state departments and officers; to provide for uniform standards and uniform inspection; to provide for promulgation of rules; to provide for certain remedies and penalties; and to repeal acts and parts of acts,” by amending sections 2, 3, 4, 5, 6, 7, 20, 30, 31, 33a, 41, 44, 50, 53, 60, 61, 62, 63, 68, and 69 (MCL 288.472, 288.473, 288.474, 288.475, 288.476, 288.477, 288.490, 288.500, 288.501, 288.503a, 288.511, 288.514, 288.520, 288.523, 288.530, 288.531, 288.532, 288.533, 288.538, and 288.539), section 33a as added by 2004 PA 277.

(Filed with the Secretary of State on May 21, 2008, at 2:14 p.m.)

Date: May 21, 2008

Time: 9:22 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 435 (Public Act No. 137), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8152 (MCL 600.8152), as amended by 2002 PA 92.

(Filed with the Secretary of State on May 21, 2008, at 2:16 p.m.)

Date: May 21, 2008

Time: 9:24 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 749 (Public Act No. 138), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding sections 3185 and 3285.

(Filed with the Secretary of State on May 21, 2008, at 2:18 p.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following messages from the Governor were received and read:

May 21, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointments to office under Section 2 of 1960 PA 77, MCL 390.952:

Michigan Higher Education Assistance Authority

Mr. Joshua A. Lerner of 10045 Kingston Avenue, Huntington Woods, Michigan 48070, county of Oakland, succeeding Stephen H. Terry, whose term has expired, representing citizens of the state with an interest in higher education, for a term commencing May 21, 2008 and expiring May 22, 2010.

Mr. Harvey S. Bronstein of 22490 Hallcroft Trail, Southfield, Michigan 48034, county of Oakland, reappointed to represent community colleges, for a term expiring May 22, 2011.

Mr. Craig C. Douglas, Ph.D., of 1828 Kelly Drive, Saginaw, Michigan 48604, county of Saginaw, reappointed to represent secondary schools, for a term expiring May 22, 2011.

Ms. Phyllis Hooyman of 3780 North Lake Shore Drive, Holland, Michigan 49424, county of Ottawa, reappointed to represent private colleges, for a term expiring May 22, 2011.

Ms. Colleen M. McNamara of 4276 Tacoma Boulevard, Okemos, Michigan 48864, county of Ingham, reappointed to represent Michigan State University, for a term commencing May 23, 2008 and expiring May 22, 2012.

Mr. John E. Shinsky, Ph.D., of 505 West Spring Meadows Lane, DeWitt, Michigan 48820, county of Ingham, reappointed to represent state supported four year public colleges and universities without elected governing bodies, for a term expiring May 22, 2011.

Ms. Kathleen M. Wilbur of 1784 Mirabeau Drive, Okemos, Michigan 48864, county of Ingham, reappointed to represent four year colleges and universities, for a term expiring May 22, 2011.

May 22, 2008

Pursuant to Section 7 of the Agricultural Commodities Marketing Act, 1965 PA 232, MCL 290.657, I respectfully submit for consideration and confirmation by the Senate, the following appointments and reappointment to state office:

Michigan Corn Marketing Program Committee

Mr. Brian A. Kreps of 1366 West Stein Road, LaSalle, Michigan 48145, county of Monroe, succeeding William L. Uphaus, whose term has expired, representing district 4 growers, for a term commencing May 22, 2008 and expiring March 5, 2009.

Mr. Thomas F. Van Sickle of 5621 North Ruth Road, Deckerville, Michigan 48427, county of Sanilac, succeeding Carl A. Barth, whose term has expired, representing district 7 growers, for a term commencing May 22, 2008 and expiring March 5, 2011.

Mr. Mark J. Kies of 5551 Thompson Road, Allen, Michigan 49227, county of Hillsdale, reappointed to represent district 3 growers, for a term expiring March 5, 2011.

May 22, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to office under Section 2 of 1970 PA 29, MCL 290.422:

State Potato Industry Commission

Mr. Duane L. Andersen of 6682 Birch Shore Drive, Lakeview, Michigan 48850, county of Montcalm, reappointed to represent chip growers, for a term expiring July 1, 2010.

Mr. Patrick J. DuRussel of 315 Ann Arbor Street, Manchester, Michigan 48158, county of Washtenaw, reappointed to represent fresh growers, for a term expiring July 1, 2010.

Mr. Dennis E. Hanson of 3595 26th Road, Cornell, Michigan 49818, county of Delta, reappointed to represent seed growers, for a term expiring July 1, 2010.

Mr. Greg E. Iott of 4637 Cool Road, Kalkaska, Michigan 49646, county of Kalkaska, appointed to represent seed growers, for a term expiring July 1, 2010.

Mr. Carl W. Kruger of 3121 East Crystal Waters Drive, #6, Holland, Michigan 49424, county of Ottawa, reappointed to represent fresh shippers and retailers, for a term expiring July 1, 2010.

Mr. Brian R. Sackett of 5961 80th Avenue, Mecosta, Michigan 49332, county of Mecosta, reappointed to represent chip growers, for a term expiring July 1, 2010.

Mr. Randall D. Styma of 4567 Mud Lake Highway, Posen, Michigan 49776, county of Presque Isle, reappointed to represent fresh growers, for a term expiring July 1, 2010.

Mr. Timothy L. Young of 12950 West Lake Montcalm Road, Coral, Michigan 49322, county of Montcalm, reappointed to represent growers at-large, for a term expiring July 1, 2010.

May 22, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Sections 16121 and 18821 of the Public Health Code, 1978 PA 368, MCL 333.16121 and MCL 333.18821:

Michigan Board of Veterinary Medicine

Mr. Harold E. Paulson, Jr., of 308 Pine Street, Fruitport, Michigan 49415, county of Muskegon, succeeding Martha J. Schlesinger, who has resigned, representing the general public, for a term commencing May 22, 2008 and expiring December 31, 2009.

May 23, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 5474a of the Public Health Code, 1978 PA 368, MCL 333.5474a:

Childhood Lead Poisoning Prevention and Control Commission

Ms. Kanta Bhambhani, M.D., of 4872 Burnley Drive, Bloomfield Hills, Michigan 48304, county of Oakland, appointed to represent the Michigan Chapter of the American Academy of Pediatrics, for a term commencing May 23, 2008 and expiring December 31, 2010.

Ms. Rosalynn C. Bliss of 21 Holmdene Boulevard, Grand Rapids, Michigan 49503, county of Kent, appointed to represent the Michigan Municipal League, for a term commencing May 23, 2008 and expiring December 31, 2010.

Mr. Daniel D. Brant of 136 Ann Street, N.E., Grand Rapids, Michigan 49505, county of Kent, appointed to represent the Early Childhood Investment Corporation, for a term commencing May 23, 2008 and expiring December 31, 2010.

Mr. Brindley R. Byrd of 3990 Camperdown Drive, Lansing, Michigan 48911, county of Ingham, appointed to represent the Michigan Association of Home Builders Remodeling Council, for a term commencing May 23, 2008 and expiring December 31, 2010.

Mr. Michael A. Fehler of 2722 East Broadway Avenue, Muskegon, Michigan 49444, county of Muskegon, succeeding Daryl K. Gallant, whose term has expired, representing lead-abatement contractors, for a term commencing May 23, 2008 and expiring December 31, 2010.

Mr. Philip L. Schrantz of 6085 South DeWitt Road, St. Johns, Michigan 48879, county of Clinton, succeeding Robert D. Sills, whose term has expired, representing the Michigan Department of Environmental Quality, for a term commencing May 23, 2008 and expiring December 31, 2010.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations and Reform.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Cropsey moved that further consideration of the following resolutions be postponed for today:

Senate Concurrent Resolution No. 22

Senate Resolution No. 155

The motion prevailed.

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 197

The resolution consent calendar was adopted.

Senator Thomas offered the following resolution:

Senate Resolution No. 197.

A resolution commemorating Saturday, June 7, 2008, as Childhood Cancer Survivors Day in the state of Michigan.

Whereas, Today, over 250,000 Americans are survivors of childhood cancer. Most children survive thanks to advances in early cancer detection, treatment, and research; and

Whereas, Children’s Hospital of Michigan, the oldest and largest hospital caring for the children of Michigan, has an active, productive cancer survivor population. This demonstrates that a cancer diagnosis is no longer an automatic death sentence; and

Whereas, In addition to Childhood Cancer Survivors Day, communities all across America will be celebrating life Sunday, June 8, 2008, as part of the world’s largest cancer survivor event, the 21st annual National Cancer Survivors Day; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate Saturday, June 7, 2008, as Childhood Cancer Survivors Day in the state of Michigan. We urge all citizens to join in this joyous celebration of life; and be it further

Resolved, That a copy of this resolution be transmitted to Children’s Hospital of Michigan as evidence of our support for their endeavors.

Senators Anderson, Barcia, Basham, Birkholz, Brater, Cassis, Clark-Coleman, Clarke, Gleason, Hunter, Jacobs, Pappageorge, Prusi, Richardville, Schauer, Scott and Switalski were named co‑sponsors of the resolution.

House Concurrent Resolution No. 54.

A concurrent resolution to memorialize the United States Congress to enact the Education Begins at Home Act.

Whereas, Each year, an estimated 2.7 million children in America are abused or neglected, including 900,000 cases that are actually investigated and verified by overburdened state child protection systems. Nationally, more than 1,400 children die from abuse or neglect each year. Over half of them were previously unknown to child protective services. In Michigan during 2005, 147,628 families were investigated for suspected child maltreatment. In those families investigated, 28,154 children were confirmed to be victims of child abuse and neglect. Of all confirmed cases of abuse and neglect, more than a third involved children three years old or younger. Another 19,265 children were in out-of-home placement as the result of child abuse and neglect and delinquency; and

Whereas, Children who survive abuse or neglect likely carry the emotional scars for life, while studies also show that being abused or neglected multiplies the risk that a child will grow up to be violent. The best available research indicates that, based on confirmed cases of child abuse and neglect in just one year, of these children, there will be an additional 35,000 adult violent criminals and more than 250 murderers who would never have become violent criminals if not for the abuse or neglect they endured as children. Fortunately, evidence-based in-home parent coaching programs can prevent child abuse and neglect, and reduce later crime and violence. In general, these programs provide voluntary coaching to parents of children up to five years old in home settings for some period of time; and

Whereas, A number of programs exist to help parents. The Nurse Family Partnership randomly assigned interested at-risk pregnant women to receive in-home visits by nurses starting before the birth of the first child and continuing until the child was two years old. The program cut abuse and neglect among at-risk children in half according to research published in a leading medical journal. In addition, children of mothers who received this coaching had 59% fewer arrests by age 15 than the children of mothers who were not coached. Yet this program reaches only a tiny fraction of eligible parents. Other major home visiting programs include Parents as Teachers, Healthy Families America, Early Head Start, Home Instruction for Parents of Preschool Youngsters, and the Parent-Child Home Program. However, hundreds of thousands of at-risk mothers across the country receive no in-home parent coaching. The impacts of child abuse and neglect cost Americans $94 billion a year. In 2005, the direct cost of child abuse and neglect in Michigan was an estimated $531,744,598. Prevention efforts such as Michigan’s 0-3 Secondary Prevention Initiative, which reflects the use of a variety of program models, saved an estimated $41,268,095 in direct costs associated with child abuse and neglect; and

Whereas, In the 110th Congress, Senators Bond and Clinton and Representatives Davis and Platts, have reintroduced the bipartisan Education Begins at Home Act (S. 667/H.R. 2343) to provide grants to help states establish or expand voluntary in-home parent coaching programs for families with young children. The Education Begins at Home Act authorizes $400 million over three years in grants from the United States Department of Health and Human Services for voluntary in-home parent coaching programs. The Education Begins at Home Act also authorizes $100 million over three years in grants for voluntary in-home parent coaching programs for English language learners and military families. These programs will strengthen Early Head Start, which includes center-based and in-home parent coaching components. Each of the major home visiting programs operates in Michigan, and the Education Begins at Home Act allows program flexibility so that states are not tied to one particular model. These voluntary programs will help new parents learn skills to promote healthy child development and be better parents; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the United States Congress to enact the Education Begins at Home Act. We encourage sponsors of the bill to include separate funding authorization levels for each of the next five years, to target funding first toward jurisdictions with the greatest need, and to ensure that funding priority be given to evidence-based approaches that deliver effective results in improving outcomes for children and families; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The House of Representatives has adopted the concurrent resolution.

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

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Cropsey moved that the concurrent resolution be referred to the Committee on Education.

The motion prevailed.

Senators Anderson, Barcia, Basham, Birkholz, Brater, Cassis, Cherry, Clarke, Gleason, Hardiman, Jacobs, Prusi, Schauer and Switalski were named co‑sponsors of the concurrent resolution.

House Concurrent Resolution No. 84.

A concurrent resolution to memorialize the Congress of the United States to pass, and President Bush to sign, the Post 9/11 Veterans Educational Assistance Act.

Whereas, In 1944, the Congress of the United States passed, and President Roosevelt signed, the Servicemen’s Readjustment Act, known to most people as the GI Bill of Rights. Since its establishment, the GI Bill has created educational opportunities for millions of veterans; and

Whereas, Since the terrorist attacks of September 11, 2001, members of the United States military have been asked to perform heroic tasks in the name of freedom. These selfless volunteers have performed with remarkable valor, and it is incumbent on citizens of the United States to honor their service in any way possible; and

Whereas, The cost of attending college has increased greatly in recent years, and as a result the benefits provided by the GI Bill are no longer sufficient to cover the average cost of tuition; and

Whereas, Since 1944, Congress has periodically updated the GI Bill to reflect the changing needs of our soldiers and the military as a whole. However, despite the changes of the past decades, it has been 24 years since the law was significantly reformed; and

Whereas, Improving and updating the GI bill would create an additional incentive for individuals considering enlistment, which is vital given the all-volunteer nature of our military; and

Whereas, Two pieces of legislation currently before Congress, S. 22 and H. R. 2702, would update the GI Bill to reflect the current realities facing our servicemembers. These bills, known as the Post 9/11 Veterans Educational Assistance Act, would increase the amount of aid available to these students, and would otherwise remove obstacles to obtaining a college education. While not perfect, these bills represent a significant improvement over the current system; and

Whereas, Those who would complain about the costs of such a program seem to forget the staggering price we ask of these men and women. Likewise, those who complain that these bills would create an incentive to leave the military underestimate the dedication and devotion of our troops; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact, and the President of the United States to sign, S. 22 and H. R. 2702; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The House of Representatives has adopted the concurrent resolution.

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

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Cropsey moved that the concurrent resolution be referred to the Committee on Senior Citizens and Veterans Affairs.

The motion prevailed.

Senators Anderson, Barcia, Basham, Birkholz, Brater, Clark-Coleman, Clarke, Gleason, Jacobs, Prusi, Schauer and Switalski were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senators Kahn and Kuipers introduced

Senate Bill No. 1332, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 306, 310e, and 811 (MCL 257.306, 257.310e, and 257.811), section 306 as amended by 2006 PA 298, section 310e as amended by 2004 PA 362, and section 811 as amended by 2006 PA 589, and by adding section 310f.

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

Senators Kahn, Kuipers and Pappageorge introduced

Senate Bill No. 1333, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1164.

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

Senators Basham, Anderson, Garcia and Gleason introduced

Senate Bill No. 1334, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 54 (MCL 559.154), as amended by 2002 PA 283.

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

Senators Basham, Jacobs, Olshove, Anderson and Gleason introduced

Senate Bill No. 1335, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 262.

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

Senators Jacobs, Basham, Olshove, Anderson and Gleason introduced

Senate Bill No. 1336, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2007 PA 31.

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

Senators Olshove, Basham, Jacobs, Anderson and Gleason introduced

Senate Bill No. 1337, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2007 PA 146.

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

Senators Patterson, Basham, Jacobs, Olshove, Anderson and Gleason introduced

Senate Bill No. 1338, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ff.

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

Senators Gleason, Jacobs, Olshove, Anderson and Basham introduced

Senate Bill No. 1339, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4bb.

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

Senators Schauer, Thomas, Hunter, Whitmer, Clarke, Scott, Brater, Prusi and Barcia introduced

Senate Bill No. 1340, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 624c.

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

Senators Schauer, Thomas, Hunter, Jacobs, Whitmer, Clarke, Scott, Prusi, Barcia and Brater introduced

Senate Bill No. 1341, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2004 PA 26.

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

Senators Jansen, Thomas, Van Woerkom, Richardville and Gilbert introduced

Senate Bill No. 1342, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” (MCL 389.1 to 389.195) by amending the title, as amended by 1998 PA 153, and by adding chapter 13 to part 2.

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

Senators Jansen, Thomas, Van Woerkom, Richardville and Gilbert introduced

Senate Bill No. 1343, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 351, 355, and 365 (MCL 206.351, 206.355, and 206.365), section 351 as amended by 2003 PA 22, section 355 as amended by 2003 PA 48, and section 365 as amended by 2003 PA 47, and by adding section 366.

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

House Bill No. 5065, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32701, 32702, 32703, and 32727 (MCL 324.32701, 324.32702, 324.32703, and 324.32727), sections 32701, 32702, and 32703 as amended and section 32727 as added by 2006 PA 33.

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. 5066, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32707, 32708, 32708a, 32709, and 32710 (MCL 324.32707, 324.32708, 324.32708a, 324.32709, and 324.32710), section 32707 as amended by 2006 PA 33, section 32708 as amended and section 32708a as added by 2006 PA 35, and sections 32709 and 32710 as added by 1995 PA 59.

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. 5070, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32725, 32726, and 32728 (MCL 324.32725, 324.32726, and 324.32728), section 32725 as added by 2006 PA 36 and sections 32726 and 32728 as added by 2006 PA 33; and to repeal acts and parts of acts.

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. 5073, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32801 and 32803 (MCL 324.32801 and 324.32803), section 32801 as added by 2003 PA 148 and section 32803 as amended by 2006 PA 34.

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. 5639, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 623a, 1267, and 1274 (MCL 380.623a, 380.1267, and 380.1274), section 623a as amended by 2007 PA 45, section 1267 as amended by 2004 PA 232, and section 1274 as amended by 2004 PA 588.

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

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

House Bill No. 5870, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2008 PA 96.

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

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

House Bill No. 6092, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 422a.

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

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

House Bill No. 6093, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2002 PA 123.

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

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

Statements

Senators Scott and Cassis 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:

Dr. King was hardly the only passionate civil rights activist in the King family. Coretta Scott King carried the double burden of being both black and a woman. She knew oppression two-fold, but she also shared Dr. King’s vision of hope. Coretta Scott King said, “When aroused, the American conscience is a powerful force for reform.” She did not say the American judicial system. She did not say the U.S. Congress. She did not say the Michigan Senate. She said the American conscience. It’s that voice inside you and inside me that directs us to do the right thing. Once that collective voice is expressed, it becomes indeed a powerful force for reform.

Well, those voices are building in Michigan as more and more people are speaking for reform to the state’s insurance system. Perhaps today is the day that my statement, my words, will stir you to listen to that voice inside you to do the right thing and join together for a just and proper cause. If not, I’ll be back tomorrow continuing to ask you to move my bills.

Senator Cassis’ statement is as follows:

Today I am introducing legislation to jump-start a cooperative, coordinated, regional approach to create the much- talked-about, but not acted-upon, expansion and renovation of Cobo Hall. We recognize the project has been on deck for at least 10 years, stymied by interjurisdictional disputes and disagreements. Senate leadership by Senate legislators is sorely, sorely needed to break this impasse and break up the logjam.

The health and success of Detroit is our compelling interest. The potential loss of our historic automotive groups imbedded deeply in our pre-eminent international auto show, along with the approximate one-half billion dollars Cobo brings back each year, will send shock waves far beyond our borders. We cannot afford for the international show to become displaced from the shores of the Detroit River.

We know the why to do it, so here is the how. The bill creates a mechanism whereby $25 million of the $75 million allotted to the 21st Century Jobs Fund would be appropriated in each of two years—2009 and 2010—but only if, and it’s a big if, and I quote from the bill itself, “additional public private funds are committed in conjunction with a signed, written consensus agreement with interested stakeholders to expand or renovate the existing convention facility comes first.”

My friends, this is not a give-away. Perhaps you could call it a carrot, an incentive. If the criteria are met, that is a signed agreement. It triggers the appropriations process which would specify the conditions. In this instance, the state acts as a facilitator, not a caretaker. We chose the 21st Century Jobs Fund as a logical funding choice to create jobs, spur economic development and growth, to energize a region, and promote tourism, and we expect concrete results.

In life, as in anything, timing is everything. Private investment and entrepreneurship stand at the ready. To name some of the business leaders and organizations passionate to revitalize the Detroit region, let’s look at these names: Chris Ilitch, Let’s Meet in the Big D, and the Ilitch family; the Big 3, Chrysler, Ford, and General Motors; Roger Penske and others behind the Woodward Light Rail Concept; Edsel Ford and One D, Doug Rothwell and David Brandon - Detroit Renaissance, Richard Blouse - Detroit Regional Chamber; Detroit Economic Growth Corp; Detroit Investment Fund; Richard Manoogian and others; Peter Karmanos; and on and on. And let’s not forget the groundwork of two formative leaders, county executives Brooks Patterson and Robert Ficano, along with the leadership of Macomb County. Where there is a will, there is a way.

Finally, this is an opportunity to transcend divisions and party lines; to lead in a cooperative effort, Senators; leading by example. I am pleased to have substantial bipartisan co‑sponsorship. Thank you, colleagues.

I call upon our Governor to join us in this worthwhile endeavor of fostering a meaningful legacy of executive and legislative leadership.

By unanimous consent the Senate returned to the order of

General Orders

Senator Cropsey 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 pro tempore, Senator Richardville, designated Senator Hardiman as Chairperson.

House Bill No. 5221, entitled

A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; to provide for expenditures under the supervision of the director of the department of management and budget and the state administrative board; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to prescribe standards and conditions relating to the appropriations; to make appropriations for the fiscal year ending September 30, 2008; and to provide for the expenditure of the appropriations.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 2, line 10, by striking out all of line 10 through line 6 on page 26 and inserting:

“CAPITAL OUTLAY

APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 183,191,300

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 0

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 183,191,300

Federal revenues:

Total federal revenues................................................................................................................... 162,867,600

Special revenue funds:

Total local revenues...................................................................................................................... 15,209,400

Total private revenues................................................................................................................... 0

Total other state restricted revenues............................................................................................. 5,114,300

State general fund/general purpose.............................................................................................. $ 0

Sec. 102. DEPARTMENT OF TRANSPORTATION - AIRPORT IMPROVEMENT

PROGRAMS

Airport safety, protection, and improvement program................................................................. $ 183,191,300

GROSS APPROPRIATION.......................................................................................................... $ 183,191,300

Appropriated from:

Federal revenues:

DOT, federal aviation administration........................................................................................... 162,867,600

Special revenue funds:

Local aeronautics match............................................................................................................... 15,209,400

State aeronautics fund.................................................................................................................. 5,114,300

State general fund/general purpose.............................................................................................. $ 0”

and adjusting all subtotals, totals, and section 201 accordingly.

2. Amend page 26, line 12, after “is” by striking out “$68,769,100.00” and inserting “$5,114,300.00”.

3. Amend page 26, line 14, after “is” by striking out “$31,234,700.00” and inserting “$5,114,300.00”.

4. Amend page 26, by striking out all of line 18 through line 25.

5. Amend page 27, line 3, by striking out “31,234,700” and inserting “5,114,300”.

6. Amend page 27, line 7, by striking out all of line 7 through line 6 on page 47.

7. Amend page 48, line 22, by striking out the balance of the bill.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

House Bill No. 5221

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

The following bill was read a third time:

House Bill No. 5221, entitled

The question being on the passage of the bill,

Senator Switalski offered the following amendments:

1. Amend page 2, line 10, by striking out all of line 10 through line 13 on page 3 and inserting:

“CAPITAL OUTLAY

APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 281,070,260

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 1,999,900

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 279,070,360

Federal revenues:

Total federal revenues................................................................................................................... 194,371,700

Special revenue funds:

Total local revenues...................................................................................................................... 15,209,400

Total private revenues................................................................................................................... 723,900

Total other state restricted revenues............................................................................................. 68,762,300

State general fund/general purpose.............................................................................................. $ 3,060

Sec. 102. DEPARTMENT OF AGRICULTURE

Farmland and open space development acquisition..................................................................... $ 3,749,900

GROSS APPROPRIATION.......................................................................................................... $ 3,749,900

Appropriated from:

Federal revenues:

DAG, multiple grants................................................................................................................... 1,250,000

Special revenue funds:

Agriculture preservation fund....................................................................................................... 2,499,900

State general fund/general purpose.............................................................................................. $ 0

Sec. 103. DEPARTMENT OF MANAGEMENT AND BUDGET

Lump-sum projects:

Special maintenance, remodeling and additions:

For state agencies special maintenance projects estimated to cost more than $100,000 but

less than $1,000,000................................................................................................................ $ 1,999,900

GROSS APPROPRIATION.......................................................................................................... $ 1,999,900

Appropriated from:

Interdepartmental grant revenues:

IDG from building occupancy charge.......................................................................................... 1,999,900

State general fund/general purpose.............................................................................................. $ 0

Sec. 104. DEPARTMENT OF MILITARY AFFAIRS

Lump-sum projects:

For department of military affairs remodeling and additions and special maintenance

projects..................................................................................................................................... $ 15,000,000

Camp Grayling, infantry platoon battle course/live fire range, for design and construction

(total authorized cost $3,500,000; federal share $3,500,000).................................................. 3,500,000

Camp Grayling, multiple company headquarters buildings, phases I and II, for design and

construction (total authorized cost is increased from $37,000,000 to $45,000,000; federal

share is increased from $37,000,000 to $45,000,000).............................................................. 8,000,000

GROSS APPROPRIATION.......................................................................................................... $ 26,500,000

Appropriated from:

Federal revenues:

DOD, department of the army, national guard bureau................................................................. 26,500,000

State general fund/general purpose.............................................................................................. $ 0

Sec. 105. DEPARTMENT OF NATURAL RESOURCES

(1) STATE PARK AND FOREST AREA IMPROVEMENTS

State parks repair and maintenance.............................................................................................. $ 1,999,900

Forest roads, bridges, and facilities.............................................................................................. 499,800

GROSS APPROPRIATION.......................................................................................................... $ 2,499,700

Appropriated from:

Special revenue funds:

Forest development fund.............................................................................................................. 399,900

Forest recreation fund................................................................................................................... 99,900

State park improvement fund....................................................................................................... 1,999,900

State general fund/general purpose.............................................................................................. $ 0

(2) WATERWAYS BOATING PROGRAM

Infrastructure improvements - state projects................................................................................ $ 2,286,900

Infrastructure improvements - local projects................................................................................ 2,114,900

Land acquisition........................................................................................................................... 499,900

Boating program, state boating access projects:

Boating program, local boating access projects:

Otsego Lake, Otsego County, dock and launch replacement (total authorized cost

$193,100; state share $144,000; local share $49,100)...................................................... 143,900

Walloon Lake, Charlevoix County, new site construction (total authorized cost $510,000;

state share $510,000)........................................................................................................ 509,900

Boating program, harbors and docks, state facilities:

Mackinaw City, Cheboygan County, new marina, state dock, phase IV (total authorized

cost is increased from $10,775,000 to $11,775,000; state share is increased from

$10,775,000 to $11,775,000)............................................................................................ 999,900

Cheboygan, Cheboygan County, lock and dam repairs and improvements (total

authorized cost is increased from $2,610,200 to $4,289,600; federal share is increased

from $1,957,600 to $3,262,000; and state share is increased from $652,600 to

$1,027,600)....................................................................................................................... 1,679,300

Bay Port dredging project (total project cost $1,000,000; state share $1,000,000)............. 999,900

Mackinac Island - mooring expansion (total cost $5,660,800; federal share $1,893,500;

state share $3,767,300)..................................................................................................... 1,975,900

Boating program, harbors and docks, local facilities:

Peshawbestown, Leelanau County, marina (total project cost $1,603,300; federal share

$979,700; local share $623,600)....................................................................................... 979,700

Grand Haven, Ottawa County, dock replacement and marina improvements, phase II

(total authorized cost is increased from $1,000,000 to $2,010,000; state share is

increased from $500,000 to $1,005,000; and local share is increased from $500,000 to

$1,005,000)....................................................................................................................... 504,900

Petoskey, Emmet County, marina dock and harbormaster building expansion (total

authorized cost $1,725,800; state share $861,000; local share $864,800)........................ 860,900

GROSS APPROPRIATION.......................................................................................................... $ 13,556,000

Appropriated from:

Federal revenues:

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

DOI, federal.................................................................................................................................. 2,284,100

Special revenue funds:

Michigan state waterways fund.................................................................................................... 9,801,900

State general fund/general purpose.............................................................................................. $ 0

(3) MICHIGAN NATURAL RESOURCES TRUST FUND

Natural resources trust fund projects............................................................................................ $ 35,266,100

Gerrish township community park, phase II, Roscommon County (grant-in-aid to Gerrish

Township (#07-002)

North Maumee Bay coastal wetland acquisition, Monroe County (#07-133)

Chippewa landing acquisition, Wexford County (#07-121)

Betsie River consolidation, Benzie and Grand Traverse counties (#07-120)

Glacial hills pathway and natural area, Antrim County (grant-in-aid to Antrim County)

(#07-163)

Jaxon Creek corridor acquisition, Grand Traverse County (#07-168)

Mitchell Creek nature area acquisition, Mecosta County (grant-in-aid to city of Big Rapids)

(#07-046)

Southwest Lower Peninsula eco-region land consolidation, various counties (#07-135)

Cedar Run Creek natural area addition, Grand Traverse County (grant-in-aid to Long Lake

Township) (#07-162)

Northern Lower Peninsula eco-region consolidation, various counties (#07-119)

Addison Oaks property acquisition, Oakland County (grant-in-aid to Oakland County)

(#07-031)

Upper Peninsula eco-region land consolidation, various counties (#07-123)

State trailways initiative - corridor and acquisition, various counties statewide (#07-122)

Wisconsin electric energies land acquisition, Baraga and Iron counties (#07-167)

Man-made Lake acquisition, Manistee County (grant-in-aid to city of Manistee) (#07-040)

Southeast Michigan eco-region land consolidation, various counties (#07-117)

DeYoung natural area acquisition, Leelanau County (grant-in-aid to Elmwood Township)

(#07-039)

Indian springs metropark land acquisition, Oakland County (grant-in-aid to Huron-Clinton

Metropolitan Authority) (#07-028)

Olive shores acquisition, Ottawa County (grant-in-aid to Ottawa County) (#07-090)

Camp Woodsong fee simple acquisition, St. Clair County (grant-in-aid to St. Clair County)

(#07-171)

Novi core habitat reserve property acquisition, Oakland County (grant-in-aid to city of

Novi) (#07-017)

Sterling state park acquisition, Monroe County (#07-131)

Au Train basin waterfowl refuge project, phase I, Alger County (#07-134)

Hunters point park acquisition, phase I, Keweenaw County (grant-in-aid to Grant Township)

(#07-099)

DeTour Village waterfront property acquisition, Chippewa County (grant-in-aid to village

of DeTour) (#07-164)

Ashmun Bay park trail parcel acquisition, Chippewa County (grant-in-aid to city of

Sault Ste. Marie) (#07-105)

General Squier memorial park addition, Lapeer County (grant-in-aid to Lapeer County)

(#07-038)

Allendale community park addition, Ottawa County (grant-in-aid to Allendale Township)

(#07-041)

Weesaw Township park acquisition, Berrien County (grant-in-aid to Weesaw Township)

(#07-082)

Ashmun Bay park entrance parcel acquisition, Chippewa County (grant-in-aid to city of

Sault Ste. Marie) (#07-174)

Lake Michigan nature preserve acquisition, phase I, Allegan County (grant-in-aid to

Casco Township) (#07-170)

Riverwalk development - river street park, Mecosta County (grant-in-aid to city of Big Rapids)

(#07-097)

Grass River center, Antrim County (grant-in-aid to Antrim County) (#07-113)

Shingle Lake park improvement, Clare County (grant-in-aid to Lincoln Township) (#07-035)

Addison Oaks trail connector, Oakland County (grant-in-aid to Oakland County)

(#07-030)

White Lake pathway south end completion, Muskegon County (grant-in-aid to city

of Whitehall) (#07-037)

Tate park pathway and fishing docks, Lenawee County (grant-in-aid to village of Clinton)

(#07-018)

Marsh view park development, Oakland County (grant-in-aid to Oakland Township)

(#07-057)

Motz county park development, Clinton County (grant-in-aid to Clinton County) (#07-011)

Ecorse Creek greenway and park development, Wayne County (grant-in-aid to city of

Ecorse) (#07-106)

Grandville and Kent trails pathway connection, Kent County (grant-in-aid to city of

Grandville) (#07-100)

Greilickville harbor park improvements, Leelanau County (grant-in-aid to Elmwood

Township) (#07-095)

White park improvements, Ingham County (grant-in-aid to city of East Lansing) (#07-087)

Smith-Ryerson park improvements, Muskegon County (grant-in-aid to city of Muskegon)

(#07-060)

Lakeview park improvement project, Roscommon County (grant-in-aid to Roscommon

Township) (#07-049)

Whiting park universal access improvements, Charlevoix County (grant-in-aid to Charlevoix

County) (#07-112)

Mt. Baldhead park stairway renovation, Allegan County (grant-in-aid to city of Saugatuck)

(#07-036)

Krampe park accessible fishing pier, Montcalm County (grant-in-aid to Montcalm County)

(#07-015)

Ralph A. MacMullan center improvements, Crawford County (#07-118)

Lake Idlewild park development, Lake County (#07-130)

Starlite beach promenade facilities project, Alpena County (grant-in-aid to city of Alpena)

(#07-023)

Pere Marquette rail trail extension, Clare County (grant-in-aid to city of Clare) (#07-096)

Fox Lake park improvements, Muskegon County (grant-in-aid to village of Lakewood

Club) (#07-073)

Rieger park swimming and beach project, Calhoun County (grant-in-aid to city of Albion)

(#07-004)

Russell Miller “wild 100” nature center development, Jackson County (grant-in aid to

Leslie schools) (#07-085)

Butzel playfield renovation, Wayne County (grant-in-aid to city of Detroit) (#07-055)

Veterans memorial park improvements, Osceola County (grant-in-aid to village of Marion)

(#07-102)

Proud Lake electrical system upgrades, Oakland County (#07-129)

Andersen park development, Saginaw County (grant-in-aid to city of Saginaw) (#07-072)

Skidway Lake boardwalk development, Ogemaw County (grant-in-aid to Mills Township)

(#07-051)

Robbins park improvement project, Berrien County (grant-in-aid to Benton Township)

(#07-007)

Lower Rouge River trail bridges, Wayne County (grant-in-aid to Canton Township)

(#07-064)

Building demolition initiative, various counties (#07-116)

Clinton River hike bike trail development, Macomb County (grant-in-aid to city of Utica)

(#07-054)

Marshbank park improvement project, Oakland County (grant-in-aid to West Bloomfield

Township) (#07-013)

GROSS APPROPRIATION.......................................................................................................... $ 35,266,100

Appropriated from:

Special revenue funds:

Private foundation revenues.......................................................................................................... 723,900

Michigan natural resources trust fund.......................................................................................... 34,542,200

State general fund/general purpose.............................................................................................. $ 0

Sec. 106. DEPARTMENT OF TRANSPORTATION

(1) BUILDINGS AND FACILITIES

Salt storage buildings and containment control systems - contract agencies............................... $ 1,999,900

Salt storage buildings and containment control systems - various state locations....................... 599,900

Pontiac, Oakland County, transportation center, rail and bus terminal, for design and

construction (total authorized cost $1,750,000; state share $1,750,000)................................. 1,749,900

L’Anse, Baraga County, maintenance garage renovation (total authorized cost $755,000; state

trunkline fund share $755,000)................................................................................................. $ 754,900

Lansing, Eaton County, central maintenance garage consolidation (total authorized cost

$7,450,000; state trunkline fund share $7,450,000)................................................................. 7,449,900

Institutional and agency roads...................................................................................................... 749,900

Miscellaneous remodeling, additions, emergency maintenance................................................... 999,900

GROSS APPROPRIATION.......................................................................................................... $ 14,304,300

Appropriated from:

Special revenue funds:

Comprehensive transportation fund bond proceeds...................................................................... 1,749,300

State aeronautics fund.................................................................................................................. 180,000

State trunkline fund...................................................................................................................... 12,375,000

State general fund/general purpose.............................................................................................. $ 0

(2) AIRPORT IMPROVEMENT PROGRAMS

Airport safety, protection, and improvement program................................................................. $ 183,191,300

GROSS APPROPRIATION.......................................................................................................... $ 183,191,300

Appropriated from:

Federal revenues:

DOT, federal aviation administration........................................................................................... 162,867,600

Special revenue funds:

Local aeronautics match............................................................................................................... 15,209,400

State aeronautics fund.................................................................................................................. 5,114,300

State general fund/general purpose.............................................................................................. $ 0

Sec. 107. STATE AGENCY, COMMUNITY COLLEGE, AND UNIVERSITY

PLANNING AUTHORIZATIONS

Eastern Michigan University - Pray-Harrold expansion and renovations - for program and

planning to be paid for from university resources (estimated total authorized cost

$57,000,000; state share $40,000,000; university share $17,000,000)..................................... 90

Grand Valley State University - learning technology center and remodeling - for program and

planning to be paid for from university resources (estimated total authorized cost

$70,000,000; state share $40,000,000; university share $30,000,000)..................................... 90

Lake Superior State University - school of business, economics, and legal studies construction -

for program and planning to be paid for from university resources (estimated total

authorized cost $14,750,000; state share $11,062,500; university share $3,687,500)............. 90

Michigan State University - life sciences bio-economy expansion - for program and planning

to be paid for from university resources (estimated total authorized cost $146,300,000;

state share $40,000,000; university share $106,300,000)......................................................... 90

Michigan Technological University - center for integrated learning and information

technology, phase II - for program and planning to be paid for from university resources

(estimated total authorized cost $59,000,000; state share $40,000,000; university share

$19,000,000)............................................................................................................................. 90

Northern Michigan University - bio-mass heat and power cogeneration plant construction - for

program and planning to be paid for from university resources (estimated total authorized

cost $55,000,000; state share $40,000,000; university share $15,000,000)............................. 90

Oakland University - human health building - for program and planning to be paid for from

university resources (estimated total authorized cost $61,748,100; state share $40,000,000;

university share $21,748,100)................................................................................................... 90

Saginaw Valley State University - health sciences facility - for program and planning to be

paid for from university resources (estimated total authorized cost $28,000,000; state

share $21,000,000; university share $7,000,000)..................................................................... 90

University of Michigan-Ann Arbor - biology building - for program and planning to be paid

for from university resources (estimated total authorized cost $175,000,000; state share

$40,000,000; university share $135,000,000)........................................................................... 90

University of Michigan-Dearborn - science and computer center renovations - for program

and planning to be paid for from university revenues resources (estimated total authorized

cost $36,000,000; state share $27,000,000; university share $9,000,000)............................... 90

University of Michigan-Flint - Murchie science laboratory renovations - for program and

planning to be paid for from university revenues resources (estimated total authorized

cost $20,800,000; state share $15,600,000; university share $5,200,000)............................... $ 90

Wayne State University - multi-disciplinary biomedical research building - for program and

planning to be paid for from university resources (estimated total authorized cost

$180,000,000; state share $40,000,000; university share $140,000,000)................................. 90

Western Michigan University - Sangren hall renovations - for program and planning to be

paid for from university resources (estimated total authorized cost $56,000,000; state share

$40,000,000; university share $16,000,000)............................................................................. 90

Bay de Noc Community College - nursing laboratory and lecture hall remodeling - for

program and planning to be paid from community college resources (estimated total

authorized cost $1,000,000; state share $500,000; community college share $500,000)......... 90

Henry Ford Community College - science building improvements - for program and planning

to be paid for from community college resources (estimated total authorized cost

$15,000,000; state share $7,500,000; community college share $7,500,000).......................... 90

Jackson Community College - Whiting hall renovations - for program and planning to be paid

for from community college resources (estimated total authorized cost $21,900,000; state

share $10,950,000; community college share $10,950,000)..................................................... 90

Kalamazoo Valley Community College - Texas township campus expansion - for program and

planning to be paid for from community college resources (estimated total authorized cost

$12,000,000; state share $6,000,000; community college share $6,000,000).......................... 90

Kellogg Community College - C classroom building renovations - for program and planning to

be paid for from community college resources (estimated total authorized cost $5,000,000;

state share $2,500,000; community college share $2,500,000)................................................ 90

Lake Michigan College - emerging technologies initiative renovations - for program and

planning to be paid for from community college resources (estimated total authorized cost

$21,735,000; state share $10,867,500; community college share $10,867,500)...................... 90

Lansing Community College - science classroom and laboratory expansion - for program and

planning to be paid for from community college resources (estimated total authorized cost

$47,300,000; state share $23,650,000; community college share $23,650,000)...................... 90

Macomb Community College - health science and technology building, phase II - for program

and planning to be paid for from community college resources (estimated total authorized

cost $14,500,000; state share $7,250,000; community college share $7,250,000).................. 90

Monroe County Community College - technology center construction - for program and

planning to be paid for from community college resources (estimated total authorized

cost $17,000,000; state share $8,500,000; community college share $8,500,000).................. 90

Mott Community College - library consolidation and renovations - for program and planning

to be paid for from college revenues (estimated total authorized cost $8,156,000; state

share $4,078,000; community college share $4,078,000)........................................................ 90

Muskegon Community College - student services one-stop center - for program and planning

to be paid for from community college resources (estimated total authorized cost

$5,000,000; state share $2,500,000; community college share $2,500,000)............................ 90

Schoolcraft College - public safety/homeland security classroom building - for program and

planning to be paid for from community college resources (estimated total authorized cost

$15,000,000; state share $7,500,000; community college share $7,500,000).......................... 90

Southwestern Michigan College - technology building renovation and expansion - for program

and planning to be paid for from community college resources (estimated total authorized

cost $3,200,000; state share $1,600,000; community college share $1,600,000).................... 90

Washtenaw Community College - skilled trades training complex - for program and planning

to be paid for from community college resources (estimated total authorized cost

$16,000,000; state share $8,000,000; community college share $8,000,000).......................... 90

GROSS APPROPRIATION.......................................................................................................... $ 2,430

Appropriated from:

State general fund/general purpose.............................................................................................. $ 2,430

Sec. 108. STATE BUILDING AUTHORITY FINANCED CONSTRUCTION

AUTHORIZATIONS

Kirtland Community College - campus water well system upgrades (total authorized cost

$1,005,000; state building authority share $502,400; Kirtland Community College share

$502,500; state general fund share $100)................................................................................. $ 90

Wayne County Community College - northwest campus replacement construction (total

authorized cost $42,000,000; state building authority share $20,999,900; Wayne County

Community College share $21,000,000; state general fund share $100)................................. 90

Department of history, arts, and libraries - warehouse facility acquisition (total authorized

cost $9,690,000; state building authority share $9,689,900; state general fund share $100)... 90

Department of management and budget - state facility preservation projects - phase III (total

authorized costs $70,310,000; state building authority share $70,309,900; state general

fund share $100)....................................................................................................................... 90

Department of natural resources - forest fire experiment station replacement (total authorized

cost $2,100,000; state building authority share $2,099,900; state general fund share $100)... 90

Department of state police - Bay City state police post (total authorized cost $3,000,000; state

building authority share $2,999,900; state general fund share $100)........................................ 90

Department of natural resources - state park improvement projects (total authorized cost

$17,900,000; state building authority share $17,899,900; state general fund share $100)...... 90

GROSS APPROPRIATION.......................................................................................................... $ 630

Appropriated from:

State general fund/general purpose.............................................................................................. $ 630”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 27, following line 6, by inserting:

“Sec. 406. The authorizations in 2003 PA 193 and 2005 PA 297 for the Riverside correctional facility - power plant automation project (total authorized cost $4,500,000; state building authority share $4,499,800; state general fund share $200) are hereby reappropriated to the following projects:

(a) Huron Valley complex - food service addition and facility renovations, for design and construction, originally authorized in 2004 PA 309 (total authorized cost increased from $3,675,100 to $5,775,100; state building authority share from $3,675,000 to $5,774,800; state general fund share $300).

(b) Michigan reformatory - A ward 140-bed expansion, for design and construction (total authorized cost $1,100,000; state building authority share $1,100,000).

(c) Camp White Lake - new waste water treatment plant, for design and construction (total authorized cost $1,300,000; state building authority share $1,300,000).

Sec. 407. The funds appropriated in part 1 for the Wayne Community College northwest campus replacement shall only be released upon approval of the planning documents and construction authorization request by the JCOS. The project may not move into final design until JCOS approval.

Sec. 408. (1) State institutions of higher education and community colleges represent centers of activity for both energy consumption and innovation in energy conservation. The resources and knowledge base of these educational institutions can play a significant role in promoting renewable energy, energy efficiency, and environmental sustainability. To further promote these efforts and support Michigan businesses providing alternative energy services and products, projects authorized for planning in this act that meet the criteria set forth shall receive a 1% increase in state match for the project at the time of initial authorization, if matched with an equal or greater amount of institutional funds. This incentive is intended to encourage alternative energy and energy efficiency design solutions that exceed the minimum United States green building council’s leadership in energy and environmental design (LEED) scoring presently required in the department’s major project design manual.

(2) In order to be eligible for this incentive, new construction, retrofits, and renovation projects at universities and community colleges shall include 1 of the following:

(a) Obtain a score equivalent to a “gold” level, in accordance with the United States green building council’s leadership in energy and environmental design (LEED) green building rating system, and include an on-site renewable energy component in direct connection with the funded project. Renewable energy projects must comply with the requirements set forth in LEED (version 2.2) EA credit 2: on site renewable energy. Eligible renewable energy technologies include, but are not limited to, solar, wind, geothermal, low-impact hydro, biomass, and biogas. Consistent with the general conditions of capital outlay appropriations, preference should be given to Michigan manufactured components and systems if they are competitively priced and of comparable quality. When applying these technologies for on-site generation, net-metering with a local utility, if applicable, is encouraged, but not required.

(b) Obtain a score equivalent to “platinum” level, in accordance with the United States green building council’s leadership in energy and environmental design (LEED) green building rating system.

(3) After engaging a design professional, institutions desiring to be eligible for the incentive shall submit the requisite program statement and schematic planning documents, including all LEED scoring worksheets, to the department for review. The department shall recommend to JCOS whether a project is eligible for the incentive at the time program statements and planning documents are transmitted to JCOS for approval. Implementation of LEED point scored components and systems in the project are subject to audit verification by the department during the period of construction and up to 23 months after a project is substantially complete.

(4) Institutions receiving the alternative energy incentive shall integrate, to the extent possible, the learning opportunities from this renewable energy project into the educational curriculum of the institution.

(5) Institutions receiving the alternative energy incentive shall also work in partnership with the department of environmental quality to promote and showcase the use of renewable energy systems in the state. Active involvement may include, but is not limited to, inclusion of project on state Internet sites, workshops, demonstration activities, and on-site observations.

(6) One year after tenant occupancy of the completed project, the institutions receiving the alternative energy incentive shall submit a report to the JCOS, the department, the state budget director, and the department of environmental quality detailing the following:

(a) Estimated energy savings from the use of alternative and renewable energy resources in the first year of the project, and projected over the next 5 years.

(b) Whether the project includes net-metering with a local utility, and, if applicable, how much energy has been purchased or sold to the utility grid in the first year, and projected over the next 5 years.

(d) The integration of information on the use of energy efficiency and renewable energy sources as exemplified in the project into the educational curriculum of the institution.

(e) Participation and engagement in public outreach efforts that promote and showcase the use of renewable energy systems associated with the project.

(7) University and community college projects authorized for construction in this act may also be eligible for the incentives provided in subsection (1), provided they meet the eligibility criteria in subsection (2). The total authorized cost of the project is increased by 2% (1% state share and 1% institutional share), respectively, if program statements and schematic design documents meeting the requirements of subsection (2) are approved by JCOS prior to the start of construction.”.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 349 Yeas—19

Anderson Clark-Coleman Kahn Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Richardville Whitmer

Cherry Jacobs Schauer

Nays—18

Allen Cropsey Jansen Pappageorge

Birkholz Garcia Jelinek Sanborn

Bishop George Kuipers Stamas

Brown Gilbert McManus Van Woerkom

Cassis Hardiman

Excused—0

Not Voting—1

Patterson

In The Chair: Richardville

Senator Cropsey moved that Senator Patterson be excused from the balance of today’s session.

The motion prevailed.

Senator Switalski offered the following amendments:

1. Amend page 2, line 10, by striking out all of line 10 through line 13 on page 3 and inserting:

“CAPITAL OUTLAY

APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 281,070,260

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 1,999,900

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 279,070,360

Federal revenues:

Total federal revenues................................................................................................................... 194,371,700

Special revenue funds:

Total local revenues...................................................................................................................... 15,209,400

Total private revenues................................................................................................................... 723,900

Total other state restricted revenues............................................................................................. 68,762,300

State general fund/general purpose.............................................................................................. $ 3,060

Sec. 102. DEPARTMENT OF AGRICULTURE

Farmland and open space development acquisition..................................................................... $ 3,749,900

GROSS APPROPRIATION.......................................................................................................... $ 3,749,900

Appropriated from:

Federal revenues:

DAG, multiple grants................................................................................................................... 1,250,000

Special revenue funds:

Agriculture preservation fund....................................................................................................... 2,499,900

State general fund/general purpose.............................................................................................. $ 0

Sec. 103. DEPARTMENT OF MANAGEMENT AND BUDGET

Lump-sum projects:

Special maintenance, remodeling and additions:

For state agencies special maintenance projects estimated to cost more than $100,000 but

less than $1,000,000................................................................................................................. $ 1,999,900

GROSS APPROPRIATION.......................................................................................................... $ 1,999,900

Appropriated from:

Interdepartmental grant revenues:

IDG from building occupancy charge.......................................................................................... 1,999,900

State general fund/general purpose.............................................................................................. $ 0

Sec. 104. DEPARTMENT OF MILITARY AFFAIRS

Lump-sum projects:

For department of military affairs remodeling and additions and special maintenance

projects..................................................................................................................................... $ 15,000,000

Camp Grayling, infantry platoon battle course/live fire range, for design and construction

(total authorized cost $3,500,000; federal share $3,500,000).................................................. 3,500,000

Camp Grayling, multiple company headquarters buildings, phases I and II, for design and

construction (total authorized cost is increased from $37,000,000 to $45,000,000;

federal share is increased from $37,000,000 to $45,000,000)................................................. 8,000,000