No. 26

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2014

Senate Chamber, Lansing, Wednesday, March 12, 2014.

10:00 a.m.

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

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

Ananich—excused Hood—excused Pappageorge—present

Anderson—present Hopgood—present Pavlov—present

Bieda—present Hune—present Proos—present

Booher—present Hunter—present Richardville—present

Brandenburg—present Jansen—present Robertson—present

Casperson—present Johnson—present Rocca—present

Caswell—present Jones—present Schuitmaker—present

Colbeck—present Kahn—present Smith—present

Emmons—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—excused Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Pastor Russ Reemtsma of First Baptist Church of Clarkston offered the following invocation:

Heavenly Father, it is a great privilege to come to You today. We come humbly with our gratitude and petitions. You alone are the eternal one. Who is like unto You, O God? Before the mountains were brought forth or ever You had formed the earth and the world, even from everlasting to everlasting, You are God. Your counsel, O Lord, stands forever. Blessed is the nation whose God is the Lord.

Each morning, O Lord, You reveal Your renewed mercy toward all. We count each day as a precious gift from Your hand. Now, Father, as the business of the state of Michigan begins in this great hall, may You give wisdom to each of those present. Thank You, Lord, for all who are about to enter into that business and for the work they have done in preparation for today’s solemn obligations. May they be reminded of the far-reaching and lasting import of what is both debated and enacted.

Bless them with discernment that can only come from You. Give to each a spirit of civility and grace that transcends even the most heartfelt and sincere differences that would divide them. May the words that are spoken and the decisions that are made lead to the greatest good for every citizen of Michigan and even to those who live beyond our state lines. May all who are present today, as well as all citizens, remember the divine precept to love our neighbor as we love ourselves. May we always be reminded of the priceless value and dignity of every human being, with the firm conviction and resolve to carry forth that sacred obligation to defend and uphold the rights of all.

May all those who have the God-given responsibility to enact honorable and just laws continue to remember the One from whom all such authority is given. I pray in Jesus’ name. Amen.

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

Motions and Communications

Senators Caswell, Hopgood and Walker entered the Senate Chamber.

Senator Meekhof moved that Senators Pavlov, Pappageorge, Brandenburg and Nofs be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

Senator Hopgood moved that Senators Hunter, Johnson and Smith be temporarily excused from today’s session.

The motion prevailed.

Senator Hopgood moved that Senators Ananich, Gregory and Hood be excused from today’s session.

The motion prevailed.

Recess

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

The motion prevailed, the time being 10:06 a.m.

11:04 a.m.

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

During the recess, Senators Brandenburg, Pappageorge, Pavlov and Johnson entered the Senate Chamber.

Recess

Senator Meekhof moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 11:05 a.m.

The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

During the recess, Senator Nofs entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the Secretary of the Senate designated Senator Hopgood as Chairperson.

After some time spent therein, the Committee arose; and the Secretary of the Senate having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4740, entitled

A bill to amend 1929 PA 178, entitled “An act to provide for the establishment, operation and control of county medical care facilities by 2 or more counties of less than 1,000,000 population,” by amending section 2 (MCL 404.2).

Senate Bill No. 759, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 42501 (MCL 324.42501), as amended by 2004 PA 325.

The bills were 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. 4811, entitled

A bill to amend 2004 PA 363, entitled “Military family relief fund act,” by amending sections 2 and 4 (MCL 35.1212 and 35.1214).

Substitute (S-1).

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

1. Amend page 2, line 6, after “forces” by inserting “OR THE UNITED STATES COAST GUARD”.

2. Amend page 2, line 8, after “forces” by inserting “OR THE UNITED STATES COAST GUARD”.

3. Amend page 2, line 20, after “~~duty.~~” by striking out “MORE THAN 30 DAYS”.

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.

Resolutions

Senator Hunter entered the Senate Chamber.

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

Senate Resolution No. 34

House Concurrent Resolution No. 19

The motion prevailed.

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

Senate Resolution No. 124

Senate Resolution No. 125

The resolution consent calendar was adopted.

Senators Pappageorge, Nofs, Rocca, Proos, Hildenbrand, Marleau, Jansen, Anderson, Booher, Colbeck and Hansen offered the following resolution:

Senate Resolution No. 124.

A resolution proclaiming March 23-29, 2014, as Michigan STEM Awareness Week.

Whereas, An education in science, technology, engineering, and mathematics (STEM) is critical to our children’s future and the continued growth and prosperity of Michigan; and

Whereas, We look to deliver a world-class education that will determine Michigan’s success in the 21st century; and

Whereas, If Michigan students become inspired by science, technology, engineering, and mathematics at an early age, there is a greater likelihood they will want to enter those growing career fields when they graduate; and

Whereas, Increased awareness in our community of STEM education and STEM-related careers will advance Michigan’s workforce; and

Whereas, STEM-related careers will be pivotal in the 21st century economy; and

Whereas, A STEM education will ensure our state’s workforce will be better equipped for the jobs of tomorrow; now, therefore, be it

Resolved by the Senate, That we hereby proclaim the week of March 23-29, 2014, as Michigan STEM Awareness Week. We call upon parents, educators, community organizations, businesses, governments, and the people of Michigan to observe the week with appropriate programs and activities.

Senators Bieda, Hopgood and Jones were named co‑sponsors of the resolution.

Senators Pappageorge, Nofs, Proos, Hildenbrand, Marleau, Jansen, Anderson, Booher, Colbeck and Hansen offered the following resolution:

Senate Resolution No. 125.

A resolution commemorating March 2014 as Ethnic and Cultural Heritage Month in the state of Michigan.

Whereas, The culture of the people of the state of Michigan has continually been renewed and enriched by the many different individuals who have chosen to come to Michigan, become citizens, and call this state their home; and

Whereas, Each individual brings with them a part of his or her own heritage which over time integrates into one common heritage, leading us to become a united people; and

Whereas, As unified people with one common heritage, we represent the past, present, and future traditions of our great state; and

Whereas, As united citizens, we celebrate Michigan’s heritage with pride and great esteem; now, therefore, be it

Resolved by the Senate, That we hereby proclaim March 2014 as Ethnic and Cultural Heritage Month in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Royal Oak resident Joan Larson, who originated this idea years ago, as a token of our highest esteem.

Senators Bieda, Brandenburg, Hopgood and Jones were named co‑sponsors of the resolution.

Senators Smith and Hune offered the following resolution:

Senate Resolution No. 123.

A resolution to memorialize the Congress of the United States to make any murder of a police officer or corrections officer while in the line of duty a federal offense.

Whereas, Michigan law enforcement and corrections officers are highly-trained and courageous individuals, often finding themselves in dangerous situations in order to enforce and maintain the laws of the state and to protect the residents of Michigan; and

Whereas, The killing of a federal law enforcement or corrections officer is a federal offense. However, the killing of a state law enforcement or corrections officer is only considered a federal offense if the officer was working with federal agents in furtherance of a federal investigation. In addition, certain circumstances can elevate a state crime to a federal crime; and

Whereas, There should be a consistent national policy to protect our law enforcement and corrections officers. Law enforcement is a necessary and vital function of our government at all levels. All U.S. citizens rely on federal and state law enforcement and corrections officers to keep us safe in our home states and all states throughout the nation. Creating a uniform penalty for the crime of taking the life of a law enforcement or corrections officer while on duty will underscore the importance of all peace officers nationwide; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to make any murder of a police officer or corrections officer while in the line of duty a federal offense; 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.

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

Senator Meekhof 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 resolution,

Senator Meekhof moved that the resolution be referred to the Committee on Judiciary.

The motion prevailed.

Senators Anderson, Bieda, Brandenburg, Jones and Marleau were named co‑sponsors of the resolution.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Rocca admittance to the Senate floor.

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

Recess

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

The motion prevailed, the time being 1:39 p.m.

2:00 p.m.

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

Messages from the House

Senator Smith entered the Senate Chamber.

Senate Bill No. 276, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57f (MCL 400.57f), as amended by 2011 PA 132.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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 full title.

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

Senate Bill No. 389, entitled

A bill to amend 2001 PA 181, entitled “An act to authorize the board of a school district to award high school diplomas to World War II veterans and Korean conflict veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials,” by amending section 1 (MCL 35.341), as amended by 2003 PA 203.

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

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

Senate Bill No. 636, entitled

A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending sections 103, 304, 310, 313, 317, 320, and 502 (MCL 484.2103, 484.2304, 484.2310, 484.2313, 484.2317, 484.2320, and 484.2502), sections 103, 304, 313, and 502 as amended by 2011 PA 58, section 310 as amended by 2009 PA 182, section 317 as amended by 2005 PA 235, and section 320 as added by 1995 PA 216.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

House Bill No. 4941

Senate Bill No. 820

Senate Bill No. 780

House Bill No. 4709

House Bill No. 4710

House Bill No. 4711

The motion prevailed.

The following bill was read a third time:

House Bill No. 4941, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16181 (MCL 333.16181), as amended by 2006 PA 643.

The question being on the passage of the bill,

Senator Whitmer offered the following amendment:

1. Amend page 3, following line 11, by inserting:

“(5) BY 1 YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE DEPARTMENT SHALL COMPLETE A STUDY OF THE EXTENT OF THE NURSING SHORTAGE IN THIS STATE. BY 18 MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE LEGISLATURE. THE DEPARTMENT SHALL INCLUDE ALL OF THE FOLLOWING IN THE REPORT REQUIRED UNDER THIS SUBSECTION:

(A) THE RESULTS OF THE STUDY CONDUCTED UNDER THIS SUBSECTION, INCLUDING METHODOLOGY AND FINDINGS.

(B) RECOMMENDATIONS TO REMEDY THE NURSING SHORTAGE IN THIS STATE, IF ANY.”.

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

Senator Hunter 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. 85 Yeas—9

Anderson Hunter Smith Whitmer

Bieda Johnson Warren Young

Hopgood

Nays—25

Booher Hansen Kowall Pavlov

Brandenburg Hildenbrand Marleau Proos

Casperson Hune Meekhof Richardville

Caswell Jansen Moolenaar Robertson

Colbeck Jones Nofs Rocca

Emmons Kahn Pappageorge Schuitmaker

Green

Excused—3

Ananich Gregory Hood

Not Voting—1

Walker

In The Chair: Schuitmaker

Senator Warren offered the following amendment:

1. Amend page 2, line 10, after “or” by inserting a comma and “until January 1, ~~2012,~~ 2017,”.

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

Senator Hunter 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. 86 Yeas—15

Anderson Hopgood Jones Warren

Bieda Hunter Rocca Whitmer

Brandenburg Jansen Schuitmaker Young

Hansen Johnson Smith

Nays—20

Booher Green Marleau Pavlov

Casperson Hildenbrand Meekhof Proos

Caswell Hune Moolenaar Richardville

Colbeck Kahn Nofs Robertson

Emmons Kowall Pappageorge Walker

Excused—3

Ananich Gregory Hood

Not Voting—0

In The Chair: Schuitmaker

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. 87 Yeas—35

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green Kahn Richardville

Nays—0

Excused—3

Ananich Gregory Hood

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 820, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22211 (MCL 333.22211), as amended by 2002 PA 619.

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. 88 Yeas—35

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green Kahn Richardville

Nays—0

Excused—3

Ananich Gregory Hood

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 780, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2014; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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. 89 Yeas—33

Anderson Hildenbrand Marleau Robertson

Bieda Hopgood Meekhof Rocca

Booher Hunter Moolenaar Schuitmaker

Casperson Jansen Nofs Smith

Caswell Johnson Pappageorge Walker

Colbeck Jones Pavlov Warren

Emmons Kahn Proos Whitmer

Green Kowall Richardville Young

Hansen

Nays—2

Brandenburg Hune

Excused—3

Ananich Gregory Hood

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4709, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 109 (MCL 436.1109), as amended by 2010 PA 213.

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. 90 Yeas—35

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green Kahn Richardville

Nays—0

Excused—3

Ananich Gregory Hood

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4710, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 603 (MCL 436.1603), as amended by 2011 PA 298.

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. 91 Yeas—35

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green Kahn Richardville

Nays—0

Excused—3

Ananich Gregory Hood

Not Voting—0

In The Chair: Schuitmaker

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4711, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 411 (MCL 436.1411), as amended by 2011 PA 298.

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. 92 Yeas—34

Anderson Hansen Kowall Richardville

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green Kahn

Nays—0

Excused—3

Ananich Gregory Hood

Not Voting—1

Robertson

In The Chair: Schuitmaker

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.

Senator Meekhof moved to reconsider the vote by which the bill was passed.

The motion prevailed, 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. 93 Yeas—35

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green Kahn Richardville

Nays—0

Excused—3

Ananich Gregory Hood

Not Voting—0

In The Chair: Schuitmaker

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

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Conference Reports

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

Senate Bill No. 608

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

Senator Kahn submitted the following:

FIRST CONFERENCE REPORT

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

Senate Bill No. 608, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, and the judicial branch for the fiscal year ending September 30, 2014; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

Recommends:

First: That the House recede from the Substitute of the House as passed by the House.

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

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. There is appropriated for the various state departments and agencies, capital outlay, and the judicial branch to supplement appropriations for the fiscal year ending September 30, 2014, from the following funds:

APPROPRIATION SUMMARY

Full-time equated exempt positions.....................................................................................4.0

GROSS APPROPRIATION.......................................................................................................... $ (102,393,300)

Total interdepartmental grants and intradepartmental transfers................................................... 720,000

ADJUSTED GROSS APPROPRIATION..................................................................................... $ (103,113,300)

Total federal revenues................................................................................................................... (455,573,900)

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 3,017,100

Total other state restricted revenues............................................................................................. 19,885,800

State general fund/general purpose.............................................................................................. $ 329,557,700

Sec. 102. CAPITAL OUTLAY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 500

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 500

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 500

(2) STATE BUILDING AUTHORITY FINANCED CONSTRUCTION

AUTHORIZATIONS

Saginaw Valley State University - Wickes hall renovations (total authorized cost $8,000,000;

state building authority share $5,999,800; Saginaw Valley State University share

$2,000,000; state general fund share $200).............................................................................. $ 100

Kalamazoo Valley Community College - Healthy Living Campus (total authorized cost

$25,625,200; state building authority share $5,999,800; Kalamazoo Valley Community

College share $19,625,200; state general fund share $200)..................................................... 100

Macomb Community College - south campus C-building renovation (total authorized

cost $8,500,000; state building authority share $4,249,800; Macomb Community

College share $4,250,000; state general fund share $200)....................................................... 100

Muskegon Community College - science laboratory center (total authorized cost $9,600,000;

state building authority share $4,646,600; Muskegon Community College share $4,953,200;

state general fund share $200).................................................................................................. 100

Southwestern Michigan College - science and allied health labs (total authorized cost

$8,600,000; state building authority share $3,749,800; Southwestern Michigan College

share $4,850,000; state general fund share $200).................................................................... 100

GROSS APPROPRIATION.......................................................................................................... $ 500

Appropriated from:

State general fund/general purpose.............................................................................................. $ 500

Sec. 103. DEPARTMENT OF COMMUNITY HEALTH

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ (399,182,600)

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ (399,182,600)

Federal revenues:

Total federal revenues................................................................................................................... $ (496,218,200)

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 1,209,000

State general fund/general purpose.............................................................................................. $ 95,826,600

(2) BEHAVIORAL HEALTH SERVICES

Healthy Michigan plan - behavioral health.................................................................................. $ (96,215,600)

Medicaid adult benefits waiver..................................................................................................... 2,693,500

Community mental health non-Medicaid services....................................................................... 63,977,000

Community mental health non-Medicaid services - contingent reserve...................................... 12,000,000

GROSS APPROPRIATION.......................................................................................................... $ (17,545,100)

Appropriated from:

Federal revenues:

Total federal revenues................................................................................................................... (96,215,600)

State general fund/general purpose.............................................................................................. $ 78,670,500

(3) MEDICAL SERVICES ADMINISTRATION

Medical services administration................................................................................................... $ (69,509,000)

Medical services administration................................................................................................... 109,509,000

GROSS APPROPRIATION.......................................................................................................... $ 40,000,000

Appropriated from:

Federal revenues:

Total federal revenues................................................................................................................... 40,000,000

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

(4) MEDICAL SERVICES

Hospital services and therapy....................................................................................................... $ 19,000,000

Hospice services........................................................................................................................... 2,200,000

Healthy Michigan plan................................................................................................................. (459,197,700)

Plan first family planning waiver................................................................................................. 357,400

Medicaid adult benefits waiver..................................................................................................... 6,008,000

Health plan services..................................................................................................................... 9,994,800

Subtotal basic medical services program..................................................................................... (421,637,500)

GROSS APPROPRIATION.......................................................................................................... $ (421,637,500)

Appropriated from:

Federal revenues:

Total federal revenues................................................................................................................... (440,002,600)

Special revenue funds:

Total other state restricted revenues............................................................................................. 1,209,000

State general fund/general purpose.............................................................................................. $ 17,156,100

Sec. 104. DEPARTMENT OF CORRECTIONS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 14,671,800

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 14,671,800

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 14,671,800

(2) PRISONER RE-ENTRY AND COMMUNITY SUPPORT

Prisoner re-entry local service providers...................................................................................... $ 125,700

Prisoner re-entry MDOC programs.............................................................................................. $ 2,286,800

GROSS APPROPRIATION.......................................................................................................... $ 2,412,500

Appropriated from:

State general fund/general purpose.............................................................................................. $ 2,412,500

(3) FIELD OPERATIONS ADMINISTRATION

Substance abuse testing and treatment services........................................................................... $ 8,066,100

GROSS APPROPRIATION.......................................................................................................... $ 8,066,100

Appropriated from:

State general fund/general purpose.............................................................................................. $ 8,066,100

(4) HEALTH CARE

Prisoner health care services........................................................................................................ $ 4,193,200

GROSS APPROPRIATION.......................................................................................................... $ 4,193,200

Appropriated from:

State general fund/general purpose.............................................................................................. $ 4,193,200

Sec. 105. DEPARTMENT OF EDUCATION

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 5,286,000

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 5,286,000

Federal revenues:

Total federal revenues................................................................................................................... 5,286,000

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

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

(2) MICHIGAN OFFICE OF GREAT START

Child development care public assistance.................................................................................... $ 5,286,000

GROSS APPROPRIATION.......................................................................................................... $ 5,286,000

Appropriated from:

Federal revenues:

Federal revenues........................................................................................................................... 5,286,000

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

Sec. 106. DEPARTMENT OF ENVIRONMENTAL QUALITY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 50,000

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 50,000

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 50,000

(2) WATER RESOURCE DIVISION

Surface water................................................................................................................................ $ 50,000

GROSS APPROPRIATION.......................................................................................................... $ 50,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 50,000

Sec. 107. EXECUTIVE OFFICE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 170,000

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 170,000

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 170,000

(2) EXECUTIVE OFFICE OPERATIONS

Executive office............................................................................................................................ $ 170,000

GROSS APPROPRIATION.......................................................................................................... $ 170,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 170,000

Sec. 108. DEPARTMENT OF HUMAN SERVICES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 30,362,300

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 30,362,300

Federal revenues:

Social security act, temporary assistance for needy families....................................................... 600,000

Total federal revenues................................................................................................................... 19,875,200

Special revenue funds:

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 2,937,100

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 6,950,000

(2) CHILD WELFARE SERVICES

Youth in transition........................................................................................................................ $ 250,000

Youth in transition........................................................................................................................ (750,000)

Fostering futures scholarship program......................................................................................... 750,000

Child care fund............................................................................................................................. (171,036,600)

Child care fund............................................................................................................................. 173,536,600

Adoption support services............................................................................................................ 200,000

GROSS APPROPRIATION.......................................................................................................... $ 2,950,000

Appropriated from:

Federal revenues:

Social security act, temporary assistance for needy families....................................................... 600,000

Total federal revenues................................................................................................................... (600,000)

State general fund/general purpose.............................................................................................. $ 2,950,000

(3) PUBLIC ASSISTANCE

Low-income home energy assistance program............................................................................. $ 22,912,300

Deliverable fuels crisis assistance................................................................................................ 4,000,000

GROSS APPROPRIATION.......................................................................................................... $ 26,912,300

Appropriated from:

Federal revenues:

Total other federal revenues......................................................................................................... 19,975,200

Special revenue funds:

Total private revenues................................................................................................................... 2,937,100

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

(4) DISABILITY DETERMINATION SERVICES

Disability determination operations.............................................................................................. $ 500,000

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

Appropriated from:

Federal revenues:

Total other federal revenues......................................................................................................... $ 500,000

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

Sec. 109. JUDICIARY

(1) APPROPRIATION SUMMARY

Full-time equated exempted positions.................................................................................4.0

GROSS APPROPRIATION.......................................................................................................... $ 1,400,000

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,400,000

Federal revenues:

Total federal revenues................................................................................................................... 650,000

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 750,000

(2) SUPREME COURT

Full-time equated exempted positions.................................................................................4.0

Indigent defense commission—4.0 FTE positions....................................................................... $ 750,000

Drug treatment courts................................................................................................................... 650,000

GROSS APPROPRIATION.......................................................................................................... $ 1,400,000

Appropriated from:

Federal revenues:

DOT, national highway traffic safety administration................................................................... 650,000

State general fund/general purpose.............................................................................................. $ 750,000

Sec. 110. DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 0

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 0

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

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

(2) DEPARTMENT GRANTS

Medical marihuana operation and oversight grants...................................................................... $ (3,000,000)

Medical marihuana operation and oversight grants...................................................................... 3,000,000

GROSS APPROPRIATION.......................................................................................................... $ 0

Appropriated from:

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

Sec. 111. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 10,400,000

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 10,400,000

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 10,400,000

(2) CAPITAL OUTLAY

Special maintenance - veterans’ homes........................................................................................ $ 1,200,000

Special maintenance - headquarters and armories....................................................................... 7,200,000

GROSS APPROPRIATION.......................................................................................................... $ 8,400,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 8,400,000

(3) ONE-TIME APPROPRIATIONS

Veterans service delivery initiative............................................................................................... $ 2,000,000

GROSS APPROPRIATION.......................................................................................................... $ 2,000,000

Appropriated from:

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

Sec. 112. DEPARTMENT OF NATURAL RESOURCES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 3,260,000

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 3,260,000

Federal revenues:

Total federal revenues................................................................................................................... 1,500,000

Special revenue funds:

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 80,000

Total other state restricted revenues............................................................................................. 330,000

State general fund/general purpose.............................................................................................. $ 1,350,000

(2) CAPITAL OUTLAY - WATERWAYS BOATING PROGRAM

Infrastructure improvements - local projects................................................................................ $ 330,000

Munising, Alger County, east breakwall extension, L-dock expansion, revetment wall, and

floating pier with finger slips (total authorized cost is increased from $874,800 to

$2,894,800; federal share is increased from $0 to $1,500,000; state share $437,400; local

share is increased from $437,400 to $957,400)....................................................................... 1,500,000

South Higgins state park, Roscommon County, new entrance, launch ramp, maneuver area,

boat wash station, and parking lot/traffic flow configurations (total authorized cost is

increased from $1,000,000 to $1,080,000; private share is increased from $0 to $80,000;

state share $1,000,000)............................................................................................................. 80,000

GROSS APPROPRIATION.......................................................................................................... $ 1,910,000

Appropriated from:

Federal revenues:

Federal funds................................................................................................................................ 1,500,000

Special revenue funds:

Private funds................................................................................................................................. 80,000

Michigan state waterways fund.................................................................................................... 330,000

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

(3) GRANTS

Fort Holmes on Mackinac Island restoration............................................................................... $ 250,000

Kawkawlin dredging project......................................................................................................... 1,100,000

GROSS APPROPRIATION.......................................................................................................... $ 1,350,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 1,350,000

Sec. 113. DEPARTMENT OF STATE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 317,000

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 317,000

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 317,000

(2) LEGAL SERVICES

Operations.................................................................................................................................... $ 200,000

GROSS APPROPRIATION.......................................................................................................... $ 200,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 200,000

(3) ELECTION REGULATION

Election administration and services............................................................................................ $ 117,000

GROSS APPROPRIATION.......................................................................................................... $ 117,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 117,000

Sec. 114. DEPARTMENT OF STATE POLICE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 6,660,000

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 6,660,000

Federal revenues:

Total federal revenues................................................................................................................... 3,350,000

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 3,310,000

(2) SUPPORT SERVICES

Support services........................................................................................................................... $ 6,660,000

GROSS APPROPRIATION.......................................................................................................... $ 6,660,000

Appropriated from:

Federal revenues:

Federal revenues........................................................................................................................... 3,350,000

State general fund/general purpose.............................................................................................. $ 3,310,000

Schedule of programs:

State emergency center operations and preparedness...............................................3,310,000

Support services........................................................................................................3,350,000

Sec. 115. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET

(1) APPROPRIATION SUMMARY

Full-time equated classified positions...............................................................................(4.0)

GROSS APPROPRIATION.......................................................................................................... $ (23,407,400)

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 720,000

ADJUSTED GROSS APPROPRIATION..................................................................................... $ (24,127,400)

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. $ (699,100)

State general fund/general purpose.............................................................................................. $ (23,428,300)

(2) DEPARTMENT SERVICES

Full-time equated classified positions...............................................................................(4.0)

Business support services—(4.0) FTE positions.......................................................................... $ (675,000)

Building occupancy charges, rent, and utilities............................................................................ (13,400)

Information technology services and projects.............................................................................. (10,700)

GROSS APPROPRIATION.......................................................................................................... $ (699,100)

Appropriated from:

Special revenue funds:

State building authority revenue................................................................................................... (699,100)

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

(3) SPECIAL PROGRAMS

Retirement services...................................................................................................................... $ 507,000

GROSS APPROPRIATION.......................................................................................................... $ 507,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 507,000

(4) STATEWIDE APPROPRIATIONS

Professional development fund - UAW........................................................................................ $ 720,000

GROSS APPROPRIATION.......................................................................................................... $ 720,000

Appropriated from:

Interdepartmental grant revenues:

IDG from employer contributions................................................................................................ 720,000

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

(5) STATE BUILDING AUTHORITY RENT

State building authority rent - state agencies............................................................................... $ (22,700,000)

State building authority rent - department of corrections............................................................ (10,600,000)

State building authority rent - universities................................................................................... 6,200,000

State building authority rent - community colleges..................................................................... 3,164,700

GROSS APPROPRIATION.......................................................................................................... $ (23,935,300)

Appropriated from:

State general fund/general purpose.............................................................................................. $ (23,935,300)

Sec. 116. STATE TRANSPORTATION DEPARTMENT

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 227,028,900

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 227,028,900

Federal revenues:

Total federal revenues................................................................................................................... 9,383,100

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 2,345,800

State general fund/general purpose.............................................................................................. $ 215,300,000

(2) INTERCITY PASSENGER AND FREIGHT

Rail operations and infrastructure................................................................................................ $ 11,728,900

Beaver Island transportation authority......................................................................................... 300,000

GROSS APPROPRIATION.......................................................................................................... $ 12,028,900

Appropriated from:

Federal revenues:

DOT, federal railroad administration............................................................................................ 9,383,100

Special revenue funds:

Comprehensive transportation fund.............................................................................................. 2,345,800

State general fund/general purpose.............................................................................................. $ 300,000

(3) ONE-TIME BASIS ONLY

Special winter road maintenance.................................................................................................. $ 100,000,000

Priority roads investment program............................................................................................... 115,000,000

GROSS APPROPRIATION.......................................................................................................... $ 215,000,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 215,000,000

Sec. 117. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY

Full-time equated classified positions.................................................................................4.0

GROSS APPROPRIATION.......................................................................................................... $ 20,590,200

Interdepartmental grant revenues:

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 20,590,200

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

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

Total other state restricted revenues............................................................................................. 16,700,100

State general fund/general purpose.............................................................................................. $ 3,890,100

(2) MICHIGAN STRATEGIC FUND - MICHIGAN STATE HOUSING

DEVELOPMENT AUTHORITY

Blight elimination......................................................................................................................... $ 3,700,000

Home affordable refinance program............................................................................................. 801,000

Land bank fast track authority..................................................................................................... 1,750,000

GROSS APPROPRIATION.......................................................................................................... $ 6,251,000

Appropriated from:

Special revenue funds:

Homeowner protection fund......................................................................................................... 4,501,000

State general fund/general purpose.............................................................................................. $ 1,750,000

(3) STATE BUILDING AUTHORITY

Full-time equated classified positions.................................................................................4.0

State building authority—4.0 FTE positions................................................................................ $ 699,100

GROSS APPROPRIATION.......................................................................................................... $ 699,100

Appropriated from:

Special revenue funds:

State building authority revenue................................................................................................... 699,100

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

(4) MICHIGAN STRATEGIC FUND

Precollege engineering................................................................................................................. $ 340,000

Pyramid P20 education hub.......................................................................................................... 100

Detroit Rouge Park improvements............................................................................................... 300,000

GROSS APPROPRIATION.......................................................................................................... $ 640,100

Appropriated from:

State general fund/general purpose.............................................................................................. $ 640,100

(5) BANKING AND MANAGEMENT SERVICES

Collections.................................................................................................................................... $ 1,500,000

GROSS APPROPRIATION.......................................................................................................... $ 1,500,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 1,500,000

(6) GRANTS

Convention facility development distribution............................................................................... $ 11,500,000

GROSS APPROPRIATION.......................................................................................................... $ 11,500,000

Appropriated from:

Special revenue funds:

Convention facility development fund.......................................................................................... 11,500,000

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

(7) REVENUE SHARING

County incentive program............................................................................................................ $ (22,652,000)

County incentive program............................................................................................................ 22,652,000

Economic vitality incentive program........................................................................................... (226,340,000)

Economic vitality incentive program........................................................................................... 226,340,000

GROSS APPROPRIATION.......................................................................................................... $ 0

Appropriated from:

Special revenue funds:

Sales tax....................................................................................................................................... 0

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

(8) ONE-TIME BASIS ONLY APPROPRIATIONS

County incentive program............................................................................................................ $ (6,500,000)

County incentive program............................................................................................................ 6,500,000

Economic vitality incentive program........................................................................................... (9,500,000)

Economic vitality incentive program........................................................................................... 9,500,000

GROSS APPROPRIATION.......................................................................................................... $ 0

Appropriated from:

Special revenue funds:

Sales tax....................................................................................................................................... 0

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

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources in this appropriation act for the fiscal year ending September 30, 2014 is $349,443,500.00 and state appropriations paid to local units of government are $155,395,300.00. The itemized statement below identifies appropriations from which spending to local units will occur:

DEPARTMENT OF COMMUNITY HEALTH

Community mental health non-Medicaid services....................................................................... $ 63,977,000

Community mental health non-Medicaid services contingent reserve......................................... 12,000,000

Medicaid adult benefits waiver (mental health)........................................................................... 2,693,500

Medicaid adult benefits waiver (physical health)......................................................................... 594,800

Subtotal......................................................................................................................................... $ 79,265,300

DEPARTMENT OF HUMAN SERVICES

Child care fund............................................................................................................................. $ 2,500,000

Subtotal......................................................................................................................................... $ 2,500,000

JUDICIARY

Drug treatment courts................................................................................................................... $ 600,000

Subtotal......................................................................................................................................... $ 600,000

DEPARTMENT OF NATURAL RESOURCES

Infrastructure improvements - local projects................................................................................ $ 330,000

Subtotal......................................................................................................................................... $ 330,000

STATE TRANSPORTATION DEPARTMENT

Special winter road maintenance.................................................................................................. $ 60,900,000

Subtotal......................................................................................................................................... $ 60,900,000

DEPARTMENT OF TREASURY

Convention facility development distribution............................................................................... $ 11,500,000

Detroit Rouge Park improvements............................................................................................... $ 300,000

Subtotal......................................................................................................................................... $ 11,800,000

TOTAL PAYMENTS TO LOCAL UNITS OF GOVERNMENT................................................. $ 155,395,300

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

CAPITAL OUTLAY

Sec. 281. For the state building authority financed construction authorizations in part 1, the legislature hereby determines that the leasing of the facilities from the authority is for a public purpose as authorized by the state building authority act, 1964 PA 183, MCL 830.411 to 830.425. The legislature approves and authorizes the lease and conveyance of the properties to the state building authority, the state building authority acquiring the facilities and leasing them to the state and the educational institutions, as applicable, and the governor and secretary of state executing the leases for and on behalf of the state pursuant to the requirements of the state building authority act, 1964 PA 183, MCL 830.411 to 830.425. Per the requirements of the leases, it is the intent of the legislature to annually appropriate sufficient amounts to pay the rent as obligated pursuant to the leases.

Sec. 282. The scope and cost to construct the state emergency operations center project, initially authorized for construction in 2013 PA 102, is hereby increased by $3,075,000.00 to a revised total authorized cost of $22,099,500.00 (federal share is increased from $2,000,000.00 to $4,500,000.00; state building authority share $16,944,400.00; state general fund/general purpose share is increased from $80,100.00 to $655,100.00).

Sec. 283. The scope and cost to construct the Jackson College Bert Walker hall renovations project, initially authorized for construction in 2012 PA 192, is hereby decreased by $4,300,000.00 to a revised total authorized cost of $15,200,000.00 (Jackson College share $7,600,000.00; state building authority share $7,599,800.00; state general fund/general purpose share $200.00).

DEPARTMENT OF COMMUNITY HEALTH

Sec. 301. From the funds appropriated in part 1 for medical services, the department of community health is authorized to make a disproportionate share payment of $3,366,300.00 in general fund/general purpose revenue and any associated federal match for the final year of a general fund/general purpose payment for Hutzel hospital.

Sec. 302. The department of community health shall report by April 1, 2014 to the senate and house appropriations committees and the state budget director on the estimated amount of funding necessary for community mental health services programs to continue the identical level of service to non-Medicaid eligible individuals that was provided prior to the expansion of the Medicaid program under 2013 PA 107.

Sec. 303. From the funds appropriated in part 1 for medical services administration, the department of community health shall not spend any funds on outreach or education for the Healthy Michigan plan.

Sec. 304. Funds appropriated in part 1 for community mental health non-Medicaid services - contingent reserve shall only be expended upon approval by the state budget director of an expenditure plan prepared by the department of community health documenting that the funds are needed to maintain direct services to eligible clients. The state budget director shall provide notification to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies at least 15 days prior to exercising the authority under this section.

Sec. 305. If, by September 30, 2014, there are insufficient state match funds appropriated to support the health plan services line item in the medical services unit in the department of community health, an amount equal to the shortfall is appropriated from the roads and risks reserve fund to support the health plan services line.

DEPARTMENT OF HUMAN SERVICES

Sec. 401. (1) From the funds appropriated in part 1 for youth in transition, the department shall allocate $250,000.00 to enter into a 3-year contract to establish a pilot program to serve 25 youths who are aging out of the foster care system and who did not succeed in achieving viable educational goals while in foster care with a Detroit-based nonprofit agency that has experience working with at-risk, homeless, and foster care youths. The first year of the pilot shall include needs assessment, physical and mental health services, and life skills training.

(2) No later than September 30, 2014, the department shall provide a report on the progress of the pilot program to the senate and house appropriations subcommittees on human services, the senate and house fiscal agencies and policy offices, and the state budget director.

Sec. 402. (1) From the funds appropriated in part 1 for the fostering futures scholarship program, the department of human services shall allocate $750,000.00 for college scholarships through the fostering futures scholarship in the Michigan education trust to youths who were in foster care because of abuse or neglect and are attending a college located in this state. Of the funds appropriated, 100% shall be used to fund scholarships for the youths described in this section.

(2) Not later than September 1, 2014, the department of human services shall provide a report to the chairs of the appropriations subcommittee on human services that includes the number of youths who received scholarships and the amount of each scholarship, and the total amount of funds spent or encumbered in the current fiscal year.

Sec. 403. From the funds appropriated in part 1 for the child care fund, the department of human services shall pay 100% of the administrative rate for all new cases referred to providers of foster care services beginning on October 1, 2013 for the fiscal year ending on September 30, 2014.

Sec. 404. (1) From the funds appropriated in part 1 for the adoption support services line item, the department of human services shall allocate $200,000.00 to the adoptive family support network. The funds appropriated shall be used to provide a listening ear, knowledgeable guidance, and community connections to adoptive parents and children who were adopted in Michigan or another state as previously provided under contract APS-11-41001.

(2) It is the intent of the legislature that these funds are provided on a 1-time basis only.

Sec. 405. From the funds appropriated in part 1 from the federal low-income home energy assistance program, the department shall allocate $7,000,000.00 for deliverable fuels crisis assistance payments. Assistance under this section shall be capped at $850.00 and shall be restricted to eligible applicants whose income is not greater than 60% of the state median income level.

Sec. 406. (1) From the funds appropriated in part 1 for deliverable fuels crisis assistance, the department shall use 100% of the funds for deliverable fuels crisis assistance payments that accrue beginning January 1, 2014 and ending March 31, 2014. Assistance under this section shall be capped at $850.00 and shall be restricted to eligible applicants whose income is between 150% of the federal poverty level and 60% of the state median income level.

(2) Assistance as described under subsection (1) for deliverable fuels crisis assistance shall be made available to recipients either as reimbursements for accrued expenditures or as prospective payments based on stated need. Reimbursements for accrued expenditures shall require proof of purchase of a deliverable fuel source between January 1, 2014 and March 31, 2014 and the total cost of the purchase. Payments for accrued expenditures shall be distributed directly to the applicant. Prospective payments for a stated need for deliverable fuel energy shall include proof of need as described in the current state plan for the low-income home energy assistance program. Prospective payments shall be distributed directly to the vendor and shall not be added to Michigan bridge cards.

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

Sec. 501. (1) Not later than January 31, 2014, the department shall prepare a report that provides the number of registry identification cards issued to or renewed for patients residing in each county during the previous fiscal year, as of September 30, 2013, under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. The department shall submit this report to the state budget director, the subcommittees, and the fiscal agencies.

(2) The department shall expend the funds appropriated in part 1 for medical marihuana operation and oversight grants to county law enforcement departments for the operation and oversight of the Michigan medical marihuana program pursuant to section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. These grants shall be distributed proportionately based on the number of registry identification cards issued to or renewed for the residents of each county whose county law enforcement department applied for a grant under subsection (3). For the purposes of this subsection, operation and oversight grants are grants for education for law enforcement and the public, enforcement, and communications.

(3) In order to be eligible to receive a grant under this subsection, a county law enforcement department shall apply no later than January 1, 2014 and agree to report how the grant was expended and provide that report to the department no later than September 15, 2014. The department shall submit a report no later than October 15, 2014 to the state budget director, the subcommittees, and the fiscal agencies detailing the amounts by recipient and the reported uses of the grants.

(4) County law enforcement departments may distribute discretionary grants made under subsection (2) to municipal law enforcement agencies for the operation and oversight, education, enforcement, and communications of the Michigan medical marihuana program pursuant to section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a county law enforcement department distributes a discretionary grant in this manner, that county law enforcement department shall require the receiving agency to provide a report on how that grant was spent. Reports from municipal law enforcement agencies shall be included as part of the report submitted to the department as required in subsection (3).

(5) No later than January 1, 2014, the department shall post a listing of potential grant money available to each county law enforcement agency on its website. A county law enforcement agency requesting a grant shall apply on a form developed by the department and available on the website. The form shall contain the county law enforcement agency’s specific projected plan for use of the money and its agreement to maintain all records and to submit documentation to the department to support the use of the grant money.

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Sec. 551. The Michigan veterans affairs agency shall provide quarterly performance reports on the activities funded in part 1 for the veterans service delivery initiative. These reports shall be provided in the same manner as specified in section 219 of article XIV of 2013 PA 59.

Sec. 552. From the funds appropriated in part 1 for Michigan veterans affairs agency, county veteran counselors, veteran services officers, and other service providers shall incorporate mental health care referral services into their daily operations in order to aid veterans in understanding which mental health care support they are eligible to receive and where to find services.

Sec. 553. The funds appropriated in part 1 for the veterans service delivery initiative are considered to be work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide training to veterans service officers within the state and to establish provide veterans service outreach activities on the campus of postsecondary institutions.

(b) These projects will be accomplished by state employees and by contracts with veterans service organizations and postsecondary institutions.

(d) The tentative completion date is September 30, 2017.

DEPARTMENT OF NATURAL RESOURCES

Sec. 601. Consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248, the legislature hereby authorizes the lapse of the following grant-in-aid appropriation project authorized in 2007 PA 41: AY 2007, Trenton, Wayne County, new city marina (total authorized cost $776,500; federal share $582,400; local share $194,100).

DEPARTMENT OF STATE POLICE

Sec. 651. Any unexpended amounts appropriated for support services and any unencumbered or unallotted funds are considered work project appropriations and are available for expenditure in the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to implement the state and local implementation grant program.

(b) The project will be accomplished by state employees and contracts.

(d) The tentative completion date is September 30, 2018.

Sec. 652. In order to alleviate the burden placed upon the funds of the counties and municipalities coping with the ice storm of December 22 and 23, 2013, from the funds appropriated in part 1 for support services, $1,000,000.00 shall be allocated to counties and municipalities to mitigate tree-related damage and debris due to the ice storm of December 22 and 23, 2013. Counties and municipalities may apply to the department of state police for assistance grants under this section. Reimbursement for expenditures shall be limited to public damage and direct loss as a result of the ice storm. A disaster assessment team established by the emergency management division of the department of state police shall substantiate the damages claimed by the applicant. Damage estimates submitted by the applicant shall be based upon a disaster assessment carried out by the applicant according to standard procedures recommended by the emergency management division.

Sec. 653. The funds appropriated in part 1 for support services and state emergency center operations and preparedness are considered to be work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide assistance to municipalities affected by the severe and widespread flooding that occurred in April and May 2013 for which a presidential disaster declaration was made.

(b) These projects will be accomplished by state employees, local employees, and contracts.

(d) The tentative completion date is September 30, 2018.

Sec. 654. Notwithstanding the requirements of the national telecommunications information administration/firstnet state and local implementation grant program, the funds appropriated in part 1 for support services shall be used to support activities pertaining to governance, outreach, education, and strategy development for the development of a next generation, internet-protocol enabled public safety broadband network. These funds do not obligate this state’s participation in the development of a nationwide public safety broadband network developed by the federal firstnet authority.

STATE TRANSPORTATION DEPARTMENT

Sec. 702. (1) The funds appropriated in part 1 for special winter road maintenance shall be distributed to the state trunk line fund, county road commissions, and cities and villages, in the same percentages described in section 10(1)(j) of 1951 PA 51, MCL 247.660. Funds that are directed to county road commissions shall be distributed among the county road commissions in amounts proportional to each county’s total distribution from the Michigan transportation fund compared to the total amount distributed from the Michigan transportation fund to all counties in the fiscal year ending September 30, 2013. Funds that are directed to cities and villages shall be distributed among cities and villages in amounts proportional to each city’s or village’s total distribution from the Michigan transportation fund compared to the total amount distributed from the Michigan transportation fund to all cities and villages in the current fiscal year ending September 30, 2013.

(2) The funds appropriated in part 1 for special winter road maintenance shall be used for the purpose of road maintenance. For purposes of this section, “maintenance” means that term as defined in section 10c of 1951 PA 51, MCL 247.660c, and excludes administrative, overhead, and other indirect costs.

Sec. 703. The funds appropriated in part 1 for the Beaver Island transportation authority shall be retained by the authority and may be made available to an entity that is under contract with the authority for capital expenses or emergency operating expenses as determined by the executive director of the authority. The authority shall take all reasonable steps to ensure that entities under contract with the authority in 2013 recover costs for mechanical repairs that were under warranty.

Sec. 704. (1) The funds appropriated in part 1 for the priority road investment program shall be expended for priority road investment projects and the purposes described in subsection (2). Projects shall be obligated and construction shall be underway or design work shall be completed by July 1, 2014. Any funds not obligated to a priority road investment project for which construction is underway or design work is completed as of July 1, 2014 shall instead be distributed to the state trunkline fund, county road commissions, and cities and villages in the manner described in section 702(1) and be expended for state and local transportation purposes.

(2) From the funds appropriated in part 1 for the priority road investment program, the department of transportation shall expend up to $100,000.00 for the installation of signs, signals, or barriers that alert the motoring public to bridges which are closed to traffic or under weight restrictions. Funds for this purpose may be expended by the department for bridges on the trunkline system or expended as grants by local road agencies for similar purposes.

DEPARTMENT OF TREASURY

Sec. 801. (1) Subject to section 242 of the management and budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the state building authority, the department of treasury may expend from the general fund of the state during the fiscal year an amount to meet the cash flow requirements of those state building authority projects solely for lease to a state agency identified in both part 1 and this section, and for which state building authority bonds or notes have not been issued, and for the sole acquisition by the state building authority of equipment and furnishings for lease to a state agency as permitted by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of bonds or notes is authorized by a legislative appropriation act that is effective for the fiscal year ending September 30, 2014. Any general fund advances for which state building authority bonds have not been issued shall bear an interest cost to the state building authority at a rate not to exceed that earned by the state treasurer’s common cash fund during the period in which the advances are outstanding and are repaid to the general fund of the state.

(2) Upon sale of bonds or notes for the projects identified in part 1 or for equipment as authorized by a legislative appropriation act and in this section, the state building authority shall credit the general fund of the state an amount equal to that expended from the general fund plus interest, if any, as defined in this section.

(3) For state building authority projects for which bonds or notes have been issued and upon the request of the state building authority, the state treasurer shall make advances without interest from the general fund as necessary to meet cash flow requirements for the projects, which advances shall be reimbursed by the state building authority when the investments earmarked for the financing of the projects mature.

(4) In the event that a project identified in part 1 is terminated after final design is complete, advances made on behalf of the state building authority for the costs of final design shall be repaid to the general fund in a manner recommended by the director.

Sec. 802. (1) State building authority funding to finance construction or renovation of a facility that collects revenue in excess of money required for the operation of that facility shall not be released to a university or community college unless the institution agrees to reimburse that excess revenue to the state building authority. The excess revenue shall be credited to the general fund to offset rent obligations associated with the retirement of bonds issued for that facility. The auditor general shall annually identify and present an audit of those facilities that are subject to this section. Costs associated with the administration of the audit shall be charged against money recovered pursuant to this section.

(2) As used in this section, “revenue” includes state appropriations, facility opening money, other state aid, indirect cost reimbursement, and other revenue generated by the activities of the facility.

Sec. 803. The state building authority shall provide to the joint capital outlay subcommittee and the senate and house fiscal agencies a report relative to the status of construction projects associated with state building authority bonds as of September 30 of each year, on or before October 15, or not more than 30 days after a refinancing or restructuring bond issue is sold. The report shall include, but is not limited to, the following:

(a) A list of all completed construction projects for which state building authority bonds have been sold, and which bonds are currently active.

(b) A list of all projects under construction for which sale of state building authority bonds is pending.

(c) A list of all projects authorized for construction or identified in an appropriations act for which approval of schematic/preliminary plans or total authorized cost is pending that have state building authority bonds identified as a source of financing.

Sec. 804. The appropriation in part 1 for precollege engineering is for the Detroit precollege program in engineering and sciences that was appropriated funds under 2005 PA 156.

Sec. 805. (1) Unexpended and unencumbered funds up to a maximum of $3,885,800.00 remaining in accounts appropriated for tax plan implementation in section 697 of the income tax act of 1967, 1967 PA 281, MCL 206.697, are reappropriated for the fiscal year ending September 30, 2014 for tax processing and treasury operations information technology services and projects.

(2) The funds shall be used to implement a new workload management and distribution system. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to implement a new workload management and distribution system.

(b) The project will be accomplished by state employees and contracts with private vendors.

(d) The tentative completion date is September 30, 2018.

Sec. 806. The appropriations in part 1 for blight elimination and the home affordable refinance program are contingent upon action by the state budget director to issue a directive to lapse the AY 2012 work project originally appropriated in 2012 PA 296 for the home affordable refinance program. The directive shall be issued in accord with, and subject to the provisions of, section 451a(2) of the management and budget act, 1984 PA 431, MCL 18.1451a.

Sec. 807. (1) The appropriations in part 1 for blight elimination and the home affordable refinance program are considered work project appropriations as follows:

(a) The purpose of the projects to be carried forward is to support individuals and communities impacted by the foreclosure crisis. Emphasis shall be given to blight elimination projects and programs established under section 603 of 2012 PA 296.

(b) The projects will be accomplished by state employees and by contract.

(d) The tentative completion date is September 30, 2016.

(2) All amounts appropriated in part 1 financed by the homeowner protection fund that have not been expended by September 30, 2016 shall be expended for blight elimination activities overseen by the Michigan state housing development authority.

Sec. 808. (1) The funds appropriated in part 1 for the economic vitality incentive program are to be used for grants to cities, villages, and townships such that, subject to fulfilling the requirements under subsection (3), (4), or (5), or any combination of those subsections, each city, village, or township that received a payment under section 950(2) of 2009 PA 128 greater than $4,500.00 is eligible to receive a maximum of 76.18459% of its total payment received under section 950(2) of 2009 PA 128, rounded to the nearest dollar. For the purposes of this subsection, any city or village that according to the 2010 federal decennial census is determined to have population in more than 1 county will be treated as a single entity when determining the payment received under section 950(2) of 2009 PA 128.126

(2) The funds appropriated in part 1 for the county incentive program are to be used for grants to counties such that each county is eligible to receive an amount equal to the amount by which the balance in its revenue sharing reserve fund under section 44a of the general property tax act, 1893 PA 206, MCL 211.44a, for the county’s most recent fiscal year that ends prior to the January 1 of the state’s fiscal year is less than the amount calculated under section 44a(13) of the general property tax act, 1893 PA 206, MCL 211.44a, for the county fiscal year that begins in the state’s fiscal year. The amount calculated under this subsection shall be adjusted as necessary to reflect partial county fiscal years and prorated based on the total amount appropriated for distribution to all eligible counties. Payments under this subsection will be distributed to an eligible county subject to the county’s fulfilling the requirements under subsection (3), (4), or (5), or any combination of those subsections. Cities, villages, townships, and counties eligible to receive a potential payment from the allocation under this subsection or subsection (1) may qualify to receive payments under 1 or more of the 3 categories described under subsections (3), (4), and (5).

(3) Category 1, accountability and transparency, requires each eligible city, village, township, or county to certify by October 1, or the first day of a payment month, that it has produced a citizen’s guide of its most recent local finances, including a recognition of its unfunded liabilities; a performance dashboard; a debt service report containing a detailed listing of its debt service requirements, including, at a minimum, the issuance date, issuance amount, type of debt instrument, a listing of all revenues pledged to finance debt service by debt instrument, and a listing of the annual payment amounts; and a projected budget report, including, at a minimum, the current fiscal year and a projection for the immediately following fiscal year. The projected budget report shall include revenues and expenditures and an explanation of the assumptions used for the projections. The citizen’s guide, performance dashboard, debt service report, and projected budget report shall be made available for public viewing in the city, village, township, or county clerk’s office or posted on a publicly accessible Internet site. Each city, village, township, and county applying for a payment under this category shall submit a copy of the citizen’s guide, a copy of the performance dashboard, a copy of the debt service report, and a copy of the projected budget report to the department of treasury.

(4) Category 2, consolidation of services, requires each eligible city, village, township, or county to certify by February 1, or the first day of a payment month for this category, that it has produced a consolidation plan. The consolidation plan shall be made readily available for public viewing in the city, village, township, or county clerk’s office or posted on a publicly accessible Internet site. Each city, village, township, and county applying for a payment under this category shall submit a copy of the consolidation plan to the department of treasury. At a minimum, the consolidation plan shall include the following:

(a) For a city, village, township, or county that is submitting a consolidation plan for the first time, the plan shall include, but not be limited to, a listing of any previous service cooperations, collaborations, consolidations, innovations, or privatizations with an estimated cost savings amount for each cooperation, collaboration, consolidation, innovation, or privatization. In addition, the plan shall include, but not be limited to, 1 or more new proposals to increase its existing level of cooperation, collaboration, consolidation, innovation, or privatization either within the jurisdiction or with other jurisdictions, an estimate of the potential savings amount, and an estimated timeline for implementing the new proposal.

(b) For a city, village, township, or county that submitted a consolidation plan in the previous fiscal year, the plan shall include, but not be limited to, an update on the status of all new proposals that were in the previous years’ consolidation plans, including whether or not the previously proposed plans have been fully implemented, a listing of the barriers experienced in implementing the proposals, and an estimated timeline of the steps to accomplish the proposed plans. In addition, the plan shall include, but not be limited to, 1 or more new proposals to increase its existing level of cooperation, collaboration, consolidation, innovation, or privatization either within the jurisdiction or with other jurisdictions, or a detailed explanation of why increasing its existing level of cooperation, collaboration, consolidation, innovation, or privatization is not feasible. The new proposal shall include, but not be limited to, an estimate of the potential savings amount and an estimated timeline for implementing the new proposals.

(5) Category 3, unfunded accrued liability plan, requires each eligible city, village, township, or county to certify by June 1, or the first day of a payment month for this category, that it has complied with 1 of the following:

(a) An eligible city, village, township, or county with unfunded accrued liabilities as of its most recent audited financial report related to employee pensions or other post-employment benefits shall submit a plan to lower all unfunded accrued liabilities. The plan shall include a listing of all previous actions taken to reduce its unfunded accrued liabilities; a detailed description of how it will continue to implement and maintain previous actions taken; and a listing of additional actions it could take. If no actions have been taken to reduce its unfunded accrued liabilities, it shall provide a detailed explanation of why no actions have been taken and a listing of actions it could implement to reduce unfunded accrued liabilities. Actuarial assumption changes and issuance of debt instruments shall not qualify as a new proposal. The unfunded accrued liabilities plan shall be made available for public viewing in the city, village, township, or county clerk’s office or posted on a publicly accessible Internet site. The city, village, township, or county shall certify with the department of treasury that its plan is publicly accessible.

(b) Any city, village, township, or county that does not have unfunded accrued liabilities as of its most recent audited financial report related to employee pensions or other post-employment benefits shall certify to the department of treasury by June 1, or the first day of a payment month for this category, that it does not have unfunded accrued liabilities. The certification shall include an explanation of why the city, village, township, or county does not have unfunded accrued liabilities. The department shall develop a certification process and method for cities, villages, townships, or counties to follow.

(6) Economic vitality incentive program payments and county incentive program payments are subject to the following conditions:

(a) In order for a city, village, township, or county to qualify for a category under subsection (3), (4), or (5), the city, village, township, or county shall meet every criteria for that category, including a certification to the department that it has met the required criteria for that category and submission of the required citizen’s guide, performance dashboard, debt service report, and projected budget report; consolidation plan; or the unfunded accrued liability plan, as required by subsection (3), (4), or (5), respectively. A department of treasury review of the citizen’s guide, dashboard, reports, or plans is not required in order for a city, village, township, or county to receive a payment under subsection (1) or (2). The department shall develop a certification process and method for cities, villages, townships, and counties to follow.

(b) Subject to subdivisions (c), (d), and (e), for each category that a city, village, township, or county qualifies for in subsections (3), (4), and (5), the city, village, township, or county shall receive 1/3 of its potential payment under this section.

(i) Category 1, an eligible city, village, or township that certifies with the department of treasury that it has qualified for a payment under subsection (3) by October 1 shall receive 1/6 of its available distribution on the last business day of October and 1/6 of its available distribution on the last business day of December. If an eligible city, village, or township certifies with the department of treasury that it has qualified for a payment under subsection (3) after October 1, but prior to December 1, the city, village, or township shall receive 1/3 of its available distribution on the last business day of December.

(ii) Category 2, an eligible city, village, or township that certifies with the department of treasury that it has qualified for a payment under subsection (4) by February 1 shall receive 1/6 of its available distribution on the last business day of February and 1/6 of its available distribution on the last business day of April. If an eligible city, village, or township certifies with the department of treasury that it has qualified for a payment under subsection (4) after February 1, but prior to April 1, the city, village, or township shall receive 1/6 of its available distribution on the last business day of April.

(iii) Category 3, an eligible city, village, or township that certifies with the department of treasury that it has qualified for a payment under subsection (5) by June 1 shall receive 1/6 of its available distribution on the last business day of June and 1/6 of its available distribution on the last business day of August. If an eligible city, village, or township certifies with the department of treasury that it has qualified for a payment under subsection (5) after June 1, but prior to August 1, the city, village, or township shall receive 1/6 of its available distribution on the last business day of August.

(d) Payments under this section shall be issued to counties for each category described in subsections (3), (4), and (5) until the specified due date for the category. After the specified due date for the category, payments shall be made to a county only if that county has complied with subdivision (a).

(e) If a county does not provide the required certification or fails to submit the required citizen’s guide, performance dashboard, debt service report, projected budget report, consolidation plan, or unfunded accrued liability plan by the first day of a payment month, the county shall forfeit the payment in that payment month for the uncertified category in subsections (3), (4), and (5).

(f) Any city, village, township, or county that falsifies certification documents shall forfeit any future economic vitality incentive program payments or county incentive program payments and shall repay to this state all economic vitality incentive program payments or county incentive program payments it has received under this section.

(g) Economic vitality incentive program payments and county incentive program payments under this section shall be distributed on the last business day of October, December, February, April, June, and August.

(h) Payments distributed under this section may be withheld pursuant to sections 17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921.

(i) The department of treasury shall develop detailed guidance for an eligible city, village, township, or county to follow to qualify for a payment under subsections (3), (4), and (5). The detailed guidance shall be posted on the department of treasury website and distributed to eligible cities, villages, townships, and counties by October 1.

(7) The unexpended funds appropriated in part 1 for the economic vitality incentive program and the county incentive program shall be available for expenditure under the competitive grant assistance program after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

REPEALERS

Enacting section 1. Sections 840, 841, and 843 of article VIII of 2013 PA 59 are repealed.

Enacting section 2. Sections 522 and 589 of article X of 2013 PA 59 are repealed.

Enacting section 3. Section 728 of article XIII of 2013 PA 59 is repealed.

Enacting section 4. Section 952 of article VIII of 2013 PA 59 is repealed.

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

Roger Kahn

John Moolenaar

Glenn Anderson

Conferees for the Senate

Joe Haveman

Al Pscholka

Rashida Tlaib

Conferees for the House

The question being on the adoption of the conference report,

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

Roll Call No. 94 Yeas—30

Anderson Hildenbrand Marleau Rocca

Bieda Hopgood Meekhof Schuitmaker

Booher Hunter Moolenaar Smith

Casperson Jansen Nofs Walker

Caswell Johnson Pappageorge Warren

Emmons Jones Richardville Whitmer

Green Kahn Robertson Young

Hansen Kowall

Nays—5

Brandenburg Hune Pavlov Proos

Colbeck

Excused—3

Ananich Gregory Hood

Not Voting—0

In The Chair: Schuitmaker

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.

Protest

Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the first conference report on Senate Bill No. 608 and moved that the statement he made during the discussion of the conference report be printed as his reasons for voting “no.”

The motion prevailed.

Senator Colbeck’s statement is as follows:

I rise in opposition to this conference report for Senate Bill No. 608. This bill can be best described as the good, the bad, and the ugly. First, the good: $215 million in additional funds for roads. In addition to voting for the road funding amendment in Senate Bill No. 608 as part of the Senate Appropriations Committee, it is something that I have advocated throughout my tenure. In fact, ensuring that surplus revenue be devoted to fixing our roads is one of the near-term tenets of my road funding strategy. Furthermore, there is some good when it comes to additional funding for servicing our veterans.

Now for the bad and the ugly—Medicaid expansion. We are being called on to spend over $80 million to reap our Medicaid expansion savings. Now think about that for a second. We need to spend more money to save money; $80 million that could have also been put toward our roads. Now I should share the concerns that have been addressed about community mental health funding, but I should point out that there would have been adequate funding for these services if Medicaid expansion legislation would have not reset our fiscal year ’14 budget through these expenditures.

Furthermore, the three-month implementation delay cited as the reason for the shortfall should correspond to the need for additional funding in July, not April. Yet we are being told we are in the midst of a crisis that can’t wait until June to decide. Now why would June matter? Well, in June, we are supposed to find out the parameters for the real Medicaid expansion savings calculation. Why is this calculation important? Because imbedded within the Medicaid expansion bill, there was an automatic repeal provision if savings were not realized. Until that formula is nailed down, it is conceivable that the supplemental funds we are proposing to allocate under this bill could lower the bar for the realization of these so-called savings. I would prefer to wait until June to see what this formula looks like. The Medicaid expansion bill may actually repeal itself.

Lest we forget, my friends, Medicaid expansion is simply Section 2001 of the train wreck that we refer to as Obamacare. You may recall, I do not like this health care scam known as Obamacare. I am not alone. Most of America feels the same way. In fact, now that we have passed that bill so that we can find out what is in it, more and more people are finding out truly what a train wreck this bill actually is. The Affordable Care Act is not caring, and it is not affordable. It is, however, an act. Obamacare has never been about affordability or care. Obamacare is about control, not care. I will not rest until this abomination of a law is conveyed to the ash heap of history.

Now if the good features of this bill were plucked out and placed into another bill, I would readily vote in favor of such a bill. But, alas, my colleagues and I are not afforded this option. As for the bad and the ugly features of this bill, the policies driving the need for the rest of the spending in this bill should be repealed, not have more money thrown at them.

In the final analysis, the bad and the ugly outweigh the good in this bill before us. The long-term implications of Medicaid expansion far outweigh the short-term benefits of this bill. Therefore, I will be voting “no” on this bill and urge my colleagues to do likewise.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Smith introduced

Senate Bill No. 866, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by amending the heading of chapter XXA and by adding section 145s.

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

Senator Smith introduced

Senate Bill No. 867, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195.

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

Senators Ananich, Hood, Gregory and Johnson introduced

Senate Bill No. 868, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 674 and 907 (MCL 257.674 and 257.907), section 674 as amended by 2000 PA 268 and section 907 as amended by 2011 PA 159.

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

Senators Hansen, Jones, Casperson, Booher, Marleau, Jansen and Emmons introduced

Senate Bill No. 869, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48716 (MCL 324.48716), as added by 1995 PA 57.

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

Senator Schuitmaker introduced

Senate Bill No. 870, entitled

A bill to regulate local ordinances controlling the placement, appearance, or operation of bins for the collection of certain reusable or recyclable materials; to provide for fees; to prescribe the powers and duties of certain state agencies and local units of government; and to provide for civil sanctions and remedies.

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

Senator Schuitmaker introduced

Senate Bill No. 871, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2012 PA 389.

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

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, March 11, 2014, at 12:15 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Casperson (C), Kowall, Hood and Ananich

Excused: Senators Brandenburg, Pavlov and Hansen

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Joint meeting held on Tuesday, March 11, 2014, at 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Casperson (C), Kowall, Pavlov, Hansen, Hood and Ananich

Excused: Senator Brandenburg

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Transportation submitted the following:

Joint meeting held on Tuesday, March 11, 2014, at 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Pappageorge (C), Colbeck and Anderson

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, March 11, 2014, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Nofs (C), Proos, Jones, Marleau, Schuitmaker, Walker, Hopgood, Bieda and Young

COMMITTEE ATTENDANCE REPORT

The Committee on Government Operations submitted the following:

Meeting held on Tuesday, March 11, 2014, at 1:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Richardville (C), Hildenbrand, Meekhof and Whitmer

Absent: Senator Hunter

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Tuesday, March 11, 2014, at 2:00 p.m., Room 405, Capitol Building

Present: Senators Caswell (C), Jansen, Proos and Gregory

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, March 11, 2014, at 2:30 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Schuitmaker and Bieda

Excused: Senator Rocca

COMMITTEE ATTENDANCE REPORT

The Subcommittee on General Government submitted the following:

Meeting held on Tuesday, March 11, 2014, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Pappageorge (C), Jansen, Colbeck and Johnson

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Wednesday, March 12, 2014, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Pavlov (C), Emmons, Hopgood and Young

Excused: Senator Colbeck

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Wednesday, March 12, 2014, at 1:30 p.m., Room 110, Farnum Building

Present: Senators Kowall (C), Hildenbrand, Emmons, Hansen and Smith

Excused: Senators Nofs and Ananich

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture and Rural Development - Tuesdays, March 18, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower; and March 25, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Colleges - Monday, March 17, 1:00 p.m., West Shore Community College, Administrative and Conference Building, 3000 N. Stiles Road, Scottville; and Wednesday, March 26, 9:00 a.m., Room 210, Farnum Building (373-2768)

Corrections Department - Thursdays, March 13, March 20 and March 27, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Environmental Quality Department - Tuesday, March 18, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

General Government - Tuesdays, March 18 and March 25, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Higher Education - Thursday, March 27, 11:30 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Judiciary - Thursday, March 13, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Licensing and Regulatory Affairs Department - Thursday, March 13, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

State Police and Military Affairs - Thursdays, March 13 (CANCELED), March 27 and April 17, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Transportation - Tuesday, March 18, 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Banking and Financial Institutions - Thursday, March 13, 1:30 p.m., Room 100, Farnum Building (373-5314)

Education - Tuesday, March 18, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314)

Health Policy - Thursday, March 13, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)

Michigan Law Revision Commission - Wednesday, March 19, 12:00 noon, Room 426, Capitol Building (373-0212)

Natural Resources, Environment and Great Lakes - Thursday, March 13, 9:00 a.m., Room 210, Farnum Building (373-5314)

Outdoor Recreation and Tourism - Thursday, March 13, 12:30 p.m., Room 110, Farnum Building (373-5323)

Regulatory Reform - Thursday, March 13, 1:00 p.m., Room 210, Farnum Building (373-5307)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 2:44 p.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 13, 2014, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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