2003-SJ-06-17-059.htm

No. 59

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2003

Senate Chamber, Lansing, Tuesday, June 17, 2003.

10:00 a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

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

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

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

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

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

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

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

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

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

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

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

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

Cropsey--present McManus--present

Reverend Erick Johnson of Immanuel Lutheran Church of Jackson offered the following invocation:

Almighty and gracious God, our Creator and Ruler of all, we ask that You be with us today. Give us a sense of Your presence. Help us to see and to know the sacredness of the work that happens here in this place, as we seek to serve all of Your people of this state.

We give thanks for these Senators and all who work here and the spirit of public service that is here in these chambers. Be with them and their families and staffs. Give them energy to do their job with integrity and with faithfulness.

O God, You have taught us what is good and what You require of us: to do justice, to love mercy, and to walk humbly with You. Be with the Senators here today, and grant them wisdom. Open their ears that they may listen to each other. Give them a sense of trust. Give them a vision for the welfare of all in this state, especially those who are disenfranchised--who have no voice. Lord, give discernment in the budget process. Lord, give also an accommodating spirit to one another's point of view, to accomplish the people's business for the welfare of all in this state of Michigan.

All this we pray in Your name. Amen.

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

Recess

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

The motion prevailed, the time being 10:04 a.m.

11:15 a.m.

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

During the recess, Senators Bernero, Patterson, McManus, Gilbert, Hardiman, Goschka, Van Woerkom, Jelinek, Allen, Stamas, Hammerstrom, Johnson, Kuipers, Cassis, Bishop, George, Garcia, Cropsey, Sikkema, Toy and Birkholz entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

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

House Bill No. 4396

House Bill No. 4392

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

The following communication was received:

Municipal Employees' Retirement System of Michigan

June 11, 2003

Enclosed is a copy of the Comprehensive Annual Financial Report for the Year Ending December 31, 2002. I am providing this to you pursuant to the requirements of the MERS Plan Document and MCL 38.1536(2)(f). Please read the report into the Daily Journal, since the journal is the recognized official document for communication for the members of the Legislature.

The report can also be found on our website at: www.mersofmich.com. We hope that you find the report informative.

Sincerely,

Anne M. Wagner

Chief Executive Officer

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 12:

House Bill Nos. 4096 4247 4248 4518 4708

The Secretary announced the enrollment printing and presentation to the Governor on Monday, June 16, for her approval the following bill:

Enrolled Senate Bill No. 364 at 4:36 p.m.

The Secretary announced that the following bills were available at the legislative Web site on Thursday, June 12:

Senate Bill Nos. 577 578 579 580 581 582 583 584 585

The Secretary announced that the following bills and joint resolution were available at the legislative Web site on Friday, June 13:

Senate Bill Nos. 587 588 589 590

House Bill Nos. 4829 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844

House Joint Resolution I

By unanimous consent the Senate proceeded to the order of

Messages from the House

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

Senate Bill No. 239

Senate Bill No. 395

House Bill No. 4238

Senate Bill No. 236

Senate Bill No. 237

Senate Bill No. 238

The motion prevailed.

Senate Bill No. 266, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 219 Yeas--0

Nays--37

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Bernero Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Clark-Coleman

Excused--0

Not Voting--1

Cherry

In The Chair: President

Senate Bill No. 277, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 220 Yeas--0

Nays--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Excused--0

Not Voting--0

In The Chair: President

Senate Bill No. 279, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 221 Yeas--0

Nays--38

Excused--0

Not Voting--0

In The Chair: President

Senate Bill No. 281, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2004; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 222 Yeas--0

Nays--37

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry

Excused--0

Not Voting--1

Emerson

In The Chair: President

Senate Bill No. 283, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to make, supplement, and adjust appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal years ending September 30, 2003 and September 30, 2004; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers; and to repeal acts and parts of acts.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 223 Yeas--0

Nays--37

Cherry

Excused--0

Not Voting--1

Emerson

In The Chair: President

Senate Bill No. 288, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 224 Yeas--0

Nays--37

Cherry

Excused--0

Not Voting--1

Emerson

In The Chair: President

Senate Bill No. 425, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," (MCL 125.2301 to 125.2349) by adding section 30i.

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.

Senate Bill No. 234, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 204, 206, 207, 211, 401, 502, 602, 606, and 609 (MCL 550.1204, 550.1206, 550.1207, 550.1211, 550.1401, 550.1502, 550.1602, 550.1606, and 550.1609), section 207 as amended by 1999 PA 210, section 211 as amended by 1993 PA 127, section 401 as amended by 2000 PA 26, section 502 as amended by 1998 PA 446, and section 609 as amended by 1991 PA 61, and by adding sections 204a, 205a, 219, and 401j; and to repeal acts and parts of acts.

The House of Representatives has appointed Reps. Ehardt, Rick Johnson and Byrum as conferees to join with Sens. Hammerstrom, Patterson and Jacobs.

The bill was referred to the Conference Committee on June 12, 2003.

Senate Bill No. 293, entitled

A bill to amend 1929 PA 152, entitled "An act to provide for the state-owned and operated Michigan public safety communications system for police and public safety purposes; to provide for acquisition, construction, implementation, operation, and maintenance of the property and equipment necessary to operate the system; and to prescribe the powers and duties of certain state agencies and officials," by amending section 3 (MCL 28.283), as amended by 1996 PA 538.

The House of Representatives has appointed Reps. Ward, Pappageorge and Jamnick as conferees to join with Sens. Cropsey, Bishop and Schauer.

The bill was referred to the Conference Committee on June 12, 2003.

Senate Bill No. 460, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3406q (MCL 500.3406q), as added by 2002 PA 538, and by adding chapter 37.

The House of Representatives has appointed Reps. Ehardt, Rick Johnson and Byrum as conferees to join with Sens. Hammerstrom, Patterson and Jacobs.

The bill was referred to the Conference Committee on June 12, 2003.

Conference Reports

House Bill No. 4032, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2003; and to provide for the expenditure of the appropriations.

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 4032, entitled

Recommends:

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

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. There is appropriated for the various state departments and agencies to supplement appropriations for the fiscal year ending September 30, 2003, from the following funds:

APPROPRIATION SUMMARY:

Full-time equated classified positions 15.0

GROSS APPROPRIATION $ 357,385,200

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 357,385,200

Federal revenues:

Total federal revenues 230,846,300

Special revenue funds:

Total local revenues 118,684,000

Total private revenues 0

Total other state restricted revenues 13,500,000

State general fund/general purpose $ (5,645,100)

Sec. 102. DEPARTMENT OF AGRICULTURE

(1) APPROPRIATION SUMMARY

Full-time equated classified positions 10.0

GROSS APPROPRIATION $ 7,250,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 7,250,000

Federal revenues:

Total federal revenues 7,250,000

Special revenue funds:

State general fund/general purpose $ 0

(2) PESTICIDE AND PLANT PEST MANAGEMENT

Full-time equated classified positions 10.0

Emerald ash borer program--10.0 FTE positions $ 7,250,000

GROSS APPROPRIATION $ 7,250,000

Appropriated from:

Federal revenues:

DAG, multiple grants 7,250,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 103. CAPITAL OUTLAY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 12,000,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 12,000,000

Federal revenues:

Total federal revenues 0

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 12,000,000

State general fund/general purpose $ 0

(2) DEPARTMENT OF TRANSPORTATION AERONAUTICS FUND:

AIRPORT PROGRAMS

Airport improvement program $ 12,000,000

GROSS APPROPRIATION $ 12,000,000

Appropriated from:

Special revenue funds:

Comprehensive transportation bond proceeds 12,000,000

State general fund/general purpose $ 0

Sec. 104. DEPARTMENT OF CAREER DEVELOPMENT

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ (50,000)

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ (50,000)

Special revenue funds:

State general fund/general purpose $ (50,000)

(2) DEPARTMENT GRANTS

Focus: HOPE $ (50,000)

GROSS APPROPRIATION $ (50,000)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (50,000)

Sec. 105. DEPARTMENT OF COMMUNITY HEALTH

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 228,173,200

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 228,173,200

Federal revenues:

Total federal revenues 114,387,400

Special revenue funds:

Total local revenues 118,685,800

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ (4,900,000)

(2) EPIDEMIOLOGY

Bioterrorism preparedness $ 23,300,000

GROSS APPROPRIATION $ 23,300,000

Appropriated from:

Federal revenues:

Total federal revenues 23,300,000

Special revenue funds:

State general fund/general purpose $ 0

(3) MEDICAL SERVICES

Hospital services and therapy $ 48,030,100

Long-term care services 50,000,000

Health plan services 98,001,500

Special adjustor payments 8,841,600

GROSS APPROPRIATION $ 204,873,200

Appropriated from:

Federal revenues:

Total federal revenues 91,087,400

Special revenue funds:

Total local revenues 118,685,800

State general fund/general purpose $ (4,900,000)

Sec. 106. FAMILY INDEPENDENCE AGENCY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 8,400,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 8,400,000

Federal revenues:

Total federal revenues 8,400,000

Special revenue funds:

State general fund/general purpose $ 0

(2) PUBLIC ASSISTANCE

Low-income energy assistance program $ 8,400,000

GROSS APPROPRIATION $ 8,400,000

Appropriated from:

Federal revenues:

Total federal revenues 8,400,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 107. DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 26,900

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 26,900

Federal revenues:

Total federal revenues 26,900

Special revenue funds:

State general fund/general purpose $ 0

(2) LIBRARY OF MICHIGAN

Library of Michigan operations $ 26,900

GROSS APPROPRIATION $ 26,900

Appropriated from:

Federal revenues:

Federal section 903(d), SSA funds 26,900

Special revenue funds:

State general fund/general purpose $ 0

Sec. 108. JUDICIARY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ (1,103,700)

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ (1,103,700)

Federal revenues:

Total federal revenues 0

Special revenue funds:

Total local revenues (1,800)

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ (1,101,900)

(2) EARLY RETIREMENT AND BUDGETARY SAVINGS

Judiciary reductions $ (1,103,700)

GROSS APPROPRIATION $ (1,103,700)

Appropriated from:

Special revenue funds:

Local user fees (1,800)

State general fund/general purpose $ (1,101,900)

Sec. 109. LEGISLATURE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ (1,843,200)

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ (1,843,200)

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 $ (1,843,200)

(2) LEGISLATURE

Senate $ (470,200)

Senate automated data processing (43,500)

Senate fiscal agency S (62,000)

House of representatives (604,600)

House automated data processing $ (33,000)

House fiscal agency (58,400)

Legislative auditor general (246,700)

GROSS APPROPRIATION $ (1,518,400)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (1,518,400)

(3) LEGISLATIVE COUNCIL

Legislative council $ (210,800)

Legislative service bureau automated data processing (29,000)

e-Law, legislative council technology enhancement project (3,900)

Legislative corrections ombudsman (10,700)

Worker's compensation (2,900)

National association dues (7,400)

GROSS APPROPRIATION $ (264,700)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (264,700)

(4) LEGISLATIVE RETIREMENT SYSTEM

General nonretirement expenses $ (60,100)

GROSS APPROPRIATION $ (60,100)

Appropriated from:

Special revenue funds:

State general fund/general purpose $ (60,100)

Sec. 110. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 50,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 50,000

Special revenue funds:

State general fund/general purpose $ 50,000

(2) HEADQUARTERS AND ARMORIES

Family support services $ 50,000

GROSS APPROPRIATION $ 50,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 50,000

Sec. 111. DEPARTMENT OF NATURAL RESOURCES

(1) APPROPRIATION SUMMARY

Full-time equated classified positions 5.0

GROSS APPROPRIATION $ 3,500,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 2,000,100

Federal revenues:

Total federal revenues 2,000,000

Special revenue funds:

Total other state restricted revenues 1,500,000

State general fund/general purpose $ 0

(2) FOREST, MINERAL, AND FIRE MANAGEMENT

Full-time equated classified positions 5.0

Forest cultivation and reforestation--5.0 FTE positions $ 500,000

GROSS APPROPRIATION $ 500,000

Appropriated from:

Federal revenues:

DAG, federal $ 500,000

Special revenue funds:

State general fund/general purpose $ 0

(3) GRANTS

Federal - urban forestry grants $ 1,500,000

GROSS APPROPRIATION $ 1,500,000

Appropriated from:

Federal revenues:

DAG, federal 1,500,000

Special revenue funds:

State general fund/general purpose $ 0

(4) PAYMENTS IN LIEU OF TAXES

Purchased lands taxes $ 1,500,000

GROSS APPROPRIATION $ 1,500,000

Appropriated from:

Special revenue funds:

Cleanup and redevelopment trust fund $ 1,500,000

State general fund/general purpose $ 0

Sec. 112. DEPARTMENT OF STATE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 16,700,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 16,700,000

Federal revenues:

Total federal revenues 16,700,000

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) ELECTION REGULATION

Help America vote act $ 16,700,000

GROSS APPROPRIATION $ 16,700,000

Appropriated from:

Federal revenues:

Federal revenues 16,700,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 113. DEPARTMENT OF STATE POLICE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 60,282,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 60,282,000

Federal revenues:

Total federal revenues 58,082,200

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 2,200,000

(2) EMERGENCY MANAGEMENT

Homeland security grant program $ 42,164,000

Grants for disaster assistance $ 2,200,000

Hazardous materials program 15,918,000

GROSS APPROPRIATION $ 60,282,000

Appropriated from:

Federal revenues:

Department of homeland security 42,164,000

DOJ 15,918,000

Special revenue funds:

State general fund/general purpose $ 2,200,000

Sec. 114. DEPARTMENT OF TRANSPORTATION

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 24,000,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 24,000,000

Total federal revenues $ 24,000,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) ROAD AND BRIDGE PROGRAMS

State trunkline federal aid and road and bridge construction $ (175,202,300)

Local federal aid and road and bridge construction 18,000,000

M-24, from the south Lapeer County line to south of I-69, Lapeer County 11,594,600

M-84, from south of Kochville road to south junction of M-13, Saginaw and Bay Counties 5,925,000

US-127, north of St. Johns to Ithaca, Clinton and Gratiot Counties 4,710,000

I-196/Chicago drive, interchange modification (Baldwin road connector), Kent and
Ottawa Counties 8,800,000

I-96/36th street interchange (I-96 airport area access), Kent County 6,560,000

I-96, east of the Thornapple River, Kent County 193,000

US-31, Holland to Grand Haven, Ottawa County 6,110,000

I-96/Beck road, Novi, Oakland County 11,041,800

I-96/Wixom road, Novi, Oakland County 9,787,200

I-375/east Detroit riverfront access, Detroit, Wayne County 12,224,000

I-94, from west of I-96 to east of Conner road, Detroit, Wayne County 14,200,000

I-75/I-96/Ambassador Bridge gateway, Detroit, Wayne County 17,726,800

M-59/Crooks road, Rochester Hills, Oakland County 1,833,000

M-59, from Crooks road to Ryan road, Oakland and Macomb Counties 5,834,200

I-75/M-59 interchange reconstruction, Auburn Hills, Oakland County 1,610,400

M-53, 12 Mile road to 14 Mile road, Warren, Macomb County 100

I-696/Franklin road, Southfield, Oakland County 4,089,600

I-75, 8 Mile road to M-59, Oakland County 3,400,000

I-75/Crooks road, Troy, Oakland County 800,000

I-75, south of Chrysler drive to M-24, Auburn Hills, Oakland County 1,800,000

M-59/Adams road, Auburn Hills and Rochester Hills, Oakland County 3,732,000

M-53 interchange at Van Dyke road and 18 1/2 Mile road, Sterling Heights,

Macomb County 2,108,800

US-24, Brownstown Township, Wayne County 100

M-42, from existing US-131 to new US-131, Wexford County 263,800

M-72, US-31 northeast of Traverse City to the Kalkaska County line,

Grand Traverse County 28,600

US-131, from 6 1/2 Mile road to the Manistee River Bridge, Wexford County 340,600

US-131, Manton bypass landscaping, Wexford County 69,600

I-94 business loop, Battle Creek, Calhoun County 1,600,000

US-131, state line to N Township line, Lockport Township, St. Joseph County 5,560,000

US-31, Napier avenue to I-94, Berrien County 15,474,000

US-2, Iron Mountain, Washington street to Michigan avenue, Dickinson County 100

I-94/Baker road, Washtenaw County $ 1,626,000

M-59, from I-96 to old US-23, Livingston County 19,759,000

US-23, M-14 to I-96, Washtenaw and Livingston Counties 2,400,000

GROSS APPROPRIATION $ 24,000,000

Appropriated from:

Federal revenues:

DOT - FHWA, highway research, planning, and construction 24,000,000

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 under part 1 for the fiscal year ending September 30, 2003 is $7,854,900.00 and state appropriations paid to local units of government are $3,700,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF NATURAL RESOURCES

PAYMENTS IN LIEU OF TAXES

Purchased lands taxes $ 1,500,000

DEPARTMENT OF STATE POLICE

EMERGENCY MANAGEMENT

Grants for disaster assistance $ 2,200,000

Total payments to local units of government $ 3,700,000

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.

Sec. 203. For the fiscal year ending September 30, 2003, there is appropriated from the Michigan tobacco settlement trust fund to the general fund the amount of $14,600,000.00.

Sec. 204. For the fiscal year ending September 30, 2003, there is appropriated from the Michigan merit award trust fund to the general fund the amount of $1,300,000.00.

Sec. 205. The department of management and budget shall provide a monthly report to the senate majority leader, speaker of the house of representatives, senate minority leader, house minority leader, house appropriations committee chair and minority vice chair, and senate appropriations committee chair and minority vice chair detailing information on vendor debarment actions taken pursuant to Executive Order No. 2003-1 and section 264 of the management and budget act, 1984 PA 431, MCL 18.1264. The report shall be submitted no later than the fifteenth of each month and shall include information for the immediately preceding month including the name of the debarred vendor, the reason for the debarment, and the time period of the debarment. The director of the department of management and budget shall also include in this report the status and text of any proposed revisions to written departmental rules, policies, and procedures designed to implement and conform with Executive Order No. 2003-1.

AGRICULTURE

Sec. 251. The funds appropriated in section 110 of 2002 PA 516 for distribution of outstanding tickets shall be deposited in the agriculture equine industry development fund pursuant to section 2 of 1951 PA 90, MCL 431.252. These funds shall be expended in accordance with section 2 of 1951 PA 90, MCL 431.252, on or before May 30, 2003.

ATTORNEY GENERAL

Sec. 275. From the prisoner reimbursement funds appropriated in part 1 of 2002 PA 528, the department may spend up to $301,700.00 on activities related to the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. If the department collects in excess of $1,131,000.00, the excess provided to the general fund, up to a maximum of $800,000.00, is appropriated to the department of attorney general to be spent on defense of litigation against the state, its departments, or employees in civil actions filed by prisoners.

CAPITAL OUTLAY

Sec. 301. From the appropriation contained in part 1 for the airport improvement programs, $12,000,000.00 in comprehensive transportation bond proceeds shall be used as state resources for state-funded components of the midfield terminal project.

COMMUNITY HEALTH

Sec. 315. The department of community health shall contract directly with the Salvation Army harbor light program for the provision of substance abuse services.

Sec. 316. (1) From the funds appropriated in section 105 for bioterrorism preparedness, it is the intent of the legislature that priority consideration for the allocation of these funds be made in such a way as to assure the ability of Michigan's local public health departments to detect and respond to all bioterrorism events.

(2) The department of community health shall provide documentation to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies that local public health departments have been directly involved in the work plan development including the determination of proposed funding allocations and that those local public health departments have approved those plans and allocations. The intent of this provision is to assure meaningful collaboration between state and local public health officials and that the approved plans and fund allocations reflect a majority consensus of the involved parties.

CONSUMER AND INDUSTRY SERVICES

Sec. 325. It is the intent of the legislature that the headquarters of the Michigan broadband development authority remain at the Michigan information and technology center in Ann Arbor. The legislature determines that the synergy that will be created by the location of the Michigan broadband development authority within the Michigan information and technology center is important to fully realizing the potential of the authority to achieve its statutory mission.

DEPARTMENT OF EDUCATION

Sec. 351. (1) In order to avoid a deduction under subsection (2), the department of education shall ensure that the following data are included in its September 30, 2003 calculations when determining whether a school has met the federal adequate yearly progress (AYP) standard in compliance with the federal no child left behind act of 2001, Public Law 107-110, 115 Stat. 1425:

(a) Graduation rates for high school students.

(b) Attendance rates for middle and elementary school students.

(d) The following subgroups of students at the elementary, middle school, and high school levels:

(i) Economically disadvantaged students.

(ii) Major racial or ethnic groups.

(iii) Students with disabilities.

(iv) English language learners.

(2) If these data sets are not included in the September 30, 2003 AYP status report, a total of $1,000,000.00 general fund is deducted from the department's office of the superintendent appropriation.

HISTORY, ARTS, AND LIBRARIES

Sec. 402. The funds appropriated in part 1 for the library of Michigan operations shall be awarded on a competitive basis to all eligible libraries for the purpose of providing libraries with computers and to train library staff to assist claimants in accessing unemployment agency websites.

JUDICIARY

Sec. 501. The authorized agent for the judiciary shall transfer the savings necessary to achieve the reductions in part 1 of this bill to appropriate line items pursuant to section 202(2) of 2002 PA 515.

MICHIGAN STRATEGIC FUND

Sec. 601. (1) The funds appropriated in part 1 for the life sciences corridor initiative are appropriated to support basic and applied research in health-related areas, with emphasis on issues related to aging. The program shall be administered by the Michigan economic development corporation.

(2) A life sciences steering committee, appointed by the governor, shall consist of 14 members including the chief executive officer of the Michigan economic development corporation, a member from Michigan State University, the University of Michigan, Wayne State University, the Van Andel institute, and 2 members from the private sector. The remaining members shall be appointed at large and may include members from the private sector, public sector, or other Michigan universities. Committee members are authorized to designate alternate members. The purpose of the steering committee is to provide advice and oversight of the initiative, including the development of criteria for the award of contracts or grants to qualifying universities, institutions, or individuals. The steering committee will make decisions regarding distribution of these grant funds and has the authority to make adjustments to the category funding percentage from basic research and collaborative research grants to the commercialization fund based upon the demands within categories and the quality of the applications received.

(3) Of the funds appropriated, up to $1,500,000.00 may be used for administering the initiative and not less than $3,000,000.00 shall be used to support a commercial development fund to support commercialization opportunities for life science research in Michigan. In allocating funding to the commercial development fund, it is the intent of the legislature that the life sciences steering committee give maximum priority to supporting all potential commercialization opportunities that appear to have merit. Of the remaining funds appropriated, 45% are allocated for a basic research fund, to be distributed on a competitive basis to Michigan universities or Michigan nonprofit research institutes, or both, for basic research in health-related areas. Not less than $4,000,000.00 is allocated to research related to aging diseases and health problems. In addition, 55% of the remaining appropriated funds are earmarked for a collaborative research fund to support peer-reviewed collaborative grants among Michigan universities and private research facilities, with emphasis on testing or developing emerging discoveries.

(4) Repayment of any funds received as a result of awards made under 1999 PA 120, 2000 PA 292, 2001 PA 80, or this act including, but not limited to, funds received as interest or return on investment shall be deposited in the fund described in subsection (3) from which it was awarded to be expended for the same purposes. These funds are authorized for expenditure upon receipt and shall not lapse to the general fund.

(5) The records of the life sciences steering committee involving a proposal submitted by an eligible entity that are of a scientific, technical, or proprietary nature, the release of which could cause competitive harm to the eligible entity as determined by the life sciences steering committee, are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(6) The process for determining eligible applicants shall be consistent with the process used in fiscal year 2001-2002 grant cycle. Any cost overruns required to achieve this shall be the responsibility of the Michigan economic development corporation and shall be paid out of corporate or other nonappropriated revenue sources.

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Sec. 701. The appropriation in part 1 for family support services in the department of military and veterans affairs shall be expended by the department to provide emergency support for families of national guard members who have been called to active duty.

DEPARTMENT OF STATE

Sec. 751. (1) Any service assessment collected by the department of state from the user of a credit or debit card under section 3 of 1995 PA 144, MCL 11.23, is appropriated to the department for necessary expenses related to that service and may be remitted to a credit or debit card company, bank, or other financial institution. Funds are allotted for expenditure when they are received by the department of treasury.

(2) The service assessment imposed by the department of state for credit and debit card services may be based either on a percentage of each individual credit or debit card transaction, or on flat rate per transaction, or both, scaled to the amount of the transaction. However, the department shall not charge any amount for a service assessment which exceeds the costs billable to the department for service assessments.

(3) If there is a balance of service assessments received from credit and debit card services remaining on September 30, the balance shall not revert to the general fund but shall remain available to support further customer service improvements in the department of state.

(4) As used in this section, "service assessment" means and includes costs associated with service fees imposed by credit and debit card companies and processing fees imposed by banks and other financial institutions.

Sec. 752. The unexpended funds appropriated in part 1 for the help America vote act of 2002, Public Law 107-252, 116 Stat. 1666, are considered work project appropriations and any unencumbered or unallotted funds are carried over 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 purposes of these projects are to implement provisions of the help America vote act, section 37 of the Michigan election law, 1954 PA 116, MCL 168.37, and other election reforms.

(b) These projects will be accomplished by state employees, by contracts with private vendors, or by grants to local units of government.

(d) The tentative completion date for these projects is September 30, 2006.

DEPARTMENT OF STATE POLICE

Sec. 775. The appropriation in part 1 for grants for disaster assistance shall be used to assist local governments with costs associated with the effects of the April 4, 2003 severe storm in Oakland County.

Sec. 776. Of the appropriation for $15,918,000.00 in part 1 for hazardous materials programs, funds shall be allocated to county, city, township, or village governments for equipment, training, planning, and exercises according to federal guidelines and regulations.

DEPARTMENT OF TRANSPORTATION

Sec. 800. From the appropriations made in part 1, in section 111 of 2002 PA 561, and from subsequent appropriations made for state road and bridge construction, the Michigan department of transportation shall complete the phase(s) as scheduled for all projects as identified in the department's 5-year road and bridge program volume IV - 2002-2006.

REPEALER

Sec. 1001. (1) Section 410 of 2002 PA 517 is repealed.

(2) Section 811 of 2002 PA 516 is repealed.

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

Marc Shulman

Judy Emmons

Gretchen Whitmer

Conferees for the House

Kenneth R. Sikkema

Shirley Johnson

Michael Prusi

Conferees for the Senate

Pending the order that, under joint rule 9, the conference report be laid over one day,

Senator Hammerstrom 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 conference report,

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

Roll Call No. 225 Yeas--38

Nays--0

Excused--0

Not Voting--0

In The Chair: President

By unanimous consent the Senate proceeded to the order of

General Orders

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

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

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

House Bill No. 4390, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

Substitute (S-1).

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

1. Amend page 19, line 23, by striking out all of section 218.

2. Amend page 22, following line 21, by inserting:

"Sec. 225. Funds appropriated in part 1 shall not be expended to pay for a contract for the connection of the Gus Harrison and Parr Highway correctional facilities' sewer systems to the central Lenawee sewage disposal system operated by the charter township of Madison, Lenawee County, Michigan.".

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 4390

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

The following bill was read a third time:

House Bill No. 4390, entitled

The question being on the passage of the bill,

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

Roll Call No. 226 Yeas--38

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

General Orders

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

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

House Bill No. 4392, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

House Bill No. 4392

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

The following bill was read a third time:

House Bill No. 4392, entitled

The question being on the passage of the bill,

Senator Cherry offered the following amendments:

1. Amend page 16, line 10, by striking out "132,468,300" and inserting "192,468,300".

2. Amend page 16, line 12, by striking out "1,259,023,200" and inserting "1,199,523,200" and adjusting the subtotals, totals, and section 201 accordingly.

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

Senator Schauer requested the yeas and nays.

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

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

Roll Call No. 227 Yeas--16

Barcia Cherry Jacobs Schauer

Basham Clark-Coleman Leland Scott

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Nays--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Excused--0

Not Voting--0

In The Chair: President

Senator Hardiman offered the following amendment:

1. Amend page 86, following line 17, by inserting:

"Sec. 1690. (1) Contingent on the availability of funds and the approval of the Centers for Medicaid and Medicare Services, the department shall encourage and assist in the establishment of a Program of All Inclusive Care for the Elderly (PACE), in at least parts of three west Michigan counties, being Kent, Barry, and Ionia.

(2) This program shall provide a capitated, managed care benefit for the frail elderly, provided by a not-for-profit agency, that will feature a comprehensive medical and social service delivery system. In addition, the program shall use a multidisciplinary team approach in an adult day health center supplemented by in-home and referral service in accordance with participants' needs. The PACE program may be funded by a combination of Medicaid, Medicare, or other fund sources.".

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

The question being on the passage of the bill,

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

Roll Call No. 228 Yeas--38

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

General Orders

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

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

House Bill No. 4396, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2003 and for the fiscal year ending September 30, 2004; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

House Bill No. 4396

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

The following bill was read a third time:

House Bill No. 4396, entitled

The question being on the passage of the bill,

Senator Cherry offered the following amendments:

1. Amend page 2, following line 14, by striking out all of sections 102 through 116 on page 6, and inserting:

"Sec. 102. CENTRAL MICHIGAN UNIVERSITY

Operations $ 81,003,300

GROSS APPROPRIATION $ 81,003,300

Appropriated from:

State general fund/general purpose $ 81,003,300

Sec. 103. EASTERN MICHIGAN UNIVERSITY

Operations $ 78,873,300

GROSS APPROPRIATION $ 78,873,300

Appropriated from:

State general fund/general purpose $ 78,873,300

Sec. 104. FERRIS STATE UNIVERSITY

Operations $ 49,968,200

GROSS APPROPRIATION $ 49,968,200

Appropriated from:

State general fund/general purpose $ 49,968,200

Sec. 105. GRAND VALLEY STATE UNIVERSITY

Operations $ 54,085,800

GROSS APPROPRIATION $ 54,085,800

Appropriated from:

State general fund/general purpose $ 54,085,800

Sec. 106. LAKE SUPERIOR STATE UNIVERSITY

Operations $ 12,841,800

GROSS APPROPRIATION $ 12,841,800

Appropriated from:

State general fund/general purpose $ 12,841,800

Sec. 107. MICHIGAN STATE UNIVERSITY

Operations $ 293,383,700

Agricultural experiment station 33,163,800

Cooperative extension service 28,604,300

GROSS APPROPRIATION $ 355,151,800

Appropriated from:

State general fund/general purpose $ 355,151,800

Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY

Operations $ 49,717,400

GROSS APPROPRIATION $ 49,717,400

Appropriated from:

State general fund/general purpose $ 49,717,400

Sec. 109. NORTHERN MICHIGAN UNIVERSITY

Operations $ 46,811,500

GROSS APPROPRIATION $ 46,811,500

Appropriated from:

State general fund/general purpose $ 46,811,500

Sec. 110. OAKLAND UNIVERSITY

Operations $ 47,146,100

GROSS APPROPRIATION $ 47,146,100

Appropriated from:

State general fund/general purpose $ 47,146,100

Sec. 111. SAGINAW VALLEY STATE UNIVERSITY

Operations $ 24,653,900

GROSS APPROPRIATION $ 24,653,900

Appropriated from:

State general fund/general purpose $ 24,653,900

Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR

Operations $ 327,206,100

GROSS APPROPRIATION $ 327,206,100

Appropriated from:

State general fund/general purpose $ 327,206,100

Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN

Operations $ 25,193,900

GROSS APPROPRIATION $ 25,193,900

Appropriated from:

State general fund/general purpose $ 25,193,900

Sec. 114. UNIVERSITY OF MICHIGAN-FLINT

Operations $ 21,661,300

GROSS APPROPRIATION $ 21,661,300

Appropriated from:

State general fund/general purpose $ 21,661,300

Sec. 115. WAYNE STATE UNIVERSITY

Operations $ 228,279,900

GROSS APPROPRIATION $ 228,279,900

Appropriated from:

State general fund/general purpose $ 228,279,900

Sec. 116. WESTERN MICHIGAN UNIVERSITY

Operations $ 113,109,300

GROSS APPROPRIATION $ 113,109,300

Appropriated from:

State general fund/general purpose $ 113,109,300".

2. Amend page 7, line 9, by striking out "5,665,647" and inserting "5,565,647".

3. Amend page 7, line 16, by striking out "266,394,596" and inserting "266,294,596".

4. Amend page 7, line 22, by striking out "148,350,100" and inserting "148,250,100".

5. Amend page 21, following line 16, by striking out all of section 409 and adjusting the subtotals, totals, and section 201 accordingly.

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

Senator Schauer requested the yeas and nays.

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

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

Roll Call No. 229 Yeas--14

Basham Clark-Coleman Olshove Scott

Bernero Clarke Prusi Switalski

Brater Jacobs Schauer Thomas

Cherry Leland

Nays--23

Allen Cropsey Hardiman Sanborn

Barcia Garcia Jelinek Sikkema

Birkholz George Johnson Stamas

Bishop Gilbert Kuipers Toy

Brown Goschka McManus Van Woerkom

Cassis Hammerstrom Patterson

Excused--0

Not Voting--1

Emerson

In The Chair: President

Senator Cherry offered the following amendments:

1. Amend page 7, line 14, by striking out "135,000,000" and inserting "103,000,000".

2. Amend page 7, line 16, by striking out "266,394,596" and inserting "234,394,596".

3. Amend page 7, line 22, by striking out "148,350,100" and inserting "116,350,100" and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 19, following line 21, by inserting:

"Sec. 316. The sums appropriated in part 1 for the Michigan merit award program are payable for qualifying students from the high school graduating classes of 2000 through 2004. The sum included in part 1 for payments for students from the graduating class of 2004 represents one-quarter of the estimated total payments for recipients of that class attending an in-state 4-year institution and one-half of the estimated payments for recipients attending an in-state 2-year institution or an out-of-state institution.".

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

Senator Schauer requested the yeas and nays.

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

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

Roll Call No. 230 Yeas--16

Barcia Cherry Jacobs Schauer

Basham Clark-Coleman Leland Scott

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Nays--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Excused--0

Not Voting--0

In The Chair: President

Senator Prusi offered the following amendments:

1. Amend page 6, line 8, by striking out "123,209,294" and inserting "113,209,294".

2. Amend page 6, line 9, by striking out "123,209,294" and inserting "113,209,294".

3. Amend page 6, line 13, by striking out "123,109,294" and inserting "113,109,294".

4. Amend page 8, line 3, after "is" by striking out "$1,813,781,274.00" and inserting "$1,803,781,274.00".

5. Amend page 24, following line 15, by striking out all of section 441 and adjusting the subtotals, totals, and section 201 accordingly.

The Assistant President pro tempore, Senator Sanborn, assumed the Chair.

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

Senator Schauer requested the yeas and nays.

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

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

Roll Call No. 231 Yeas--16

Barcia Cherry Jacobs Schauer

Basham Clark-Coleman Leland Scott

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Nays--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Excused--0

Not Voting--0

In The Chair: Sanborn

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. 232 Yeas--23

Allen Cropsey Hardiman Sanborn

Barcia Garcia Jelinek Sikkema

Birkholz George Johnson Stamas

Bishop Gilbert Kuipers Toy

Brown Goschka McManus Van Woerkom

Cassis Hammerstrom Patterson

Nays--15

Basham Clark-Coleman Leland Scott

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Cherry Jacobs Schauer

Excused--0

Not Voting--0

In The Chair: Sanborn

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

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

The Senate agreed to the title of the bill.

Senators Hardiman, Goschka, Sikkema, Cherry and Switalski asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hardiman's statement is as follows:

I rise to oppose the Cherry amendment. I believe that the bill as proposed makes a very strong, positive statement for higher education in this state. It establishes a minimum floor of funding of $4,000. It means that each and every student who goes to a public university is important to us. We're backing our words with our dollars. These dollars did not come from the other universities. Everyone received a 6.7 percent cut. These were additional dollars that were added to raise the minimum floor of funding. So I certainly support the bill, and I urge defeat of the Cherry amendment.

Senator Goschka's first statement is as follows:

While I very much appreciate the perspective of the previous speaker, I do rise in opposition to the amendment. Frankly, what we did as a committee, and I believe ultimately what we will have done as a chamber, is to not pick winners and losers, but rather to establish a policy that regardless of where you go to school in this state, there will be a minimum floor of $4,000 per student. That is at least, in my humble opinion, the minimum that we should do for any school regardless of where any student goes to school in this state.

This bill establishes a policy whereby, in years past, previous legislatures would arbitrarily choose certain amounts that they would give to one school or another. This does not do that. A policy is established, and frankly, the chips fall where they do.

We also fully fund the Merit Scholarship award, which is a very important priority, I believe, not only to this chamber, but to the hardworking people in this state who have students and loved ones who plan on going to school. We are going to stand behind those students and say that they will receive the full funding of their merit scholarship. We're standing very strong behind that perspective as well.

I would urge rejection of this amendment because this bill fully stands behind higher education as a major priority in this state. I'm proud of the work that the committee has done. I would urge rejection.

Senator Goschka's second statement is as follows:

While I certainly appreciate, again, the maker of the amendment and his perspective, I do rise in opposition. There is quite a history, really, to quickly address why the language that we put in the bill is good language that ought to remain.

First, it ought to be noted that this really wasn't last minute. It had been a work in progress. Senator George, Senators Brown and Jelinek and others had looked at this issue. A number of people had looked at it on both sides of the aisle really, and ultimately, we were doing what we thought was in the best interest of rescuing a community, to be sure.

It is a unique situation in Kalamazoo; it really is. You've got a brain trust there of folks who, even as we speak, are still being lured and hired out of that area. We want to keep these people in the state. Last term, a previous legislature voted to give Pfizer a tax credit. Really, it was always thought of as more of a Kalamazoo issue, and that tax credit would apply only if they were to maintain a certain employment level, which they clearly are not going to do. So, frankly, we were very creative, kept within the spirit of the previous legislature, and directed that money directly toward keeping that brain trust in Kalamazoo.

I want to be on the side of rescuing a city. This is a good way to do it. This is one-time funding. That's a known thing. But we need to reject this amendment because to do otherwise is to turn our backs on individuals who are unemployed. It's also to turn our backs on Michigan citizens and on a city. I don't think we want to do that.

This is one-time funding, and again, it is the reapplication of a tax credit in a way that keeps in the spirit of what we originally had done last term. I would strongly urge that we oppose this amendment.

Senator Goschka's third statement is as follows:

Again, I think it needs to be emphasized that this is a one-time funding. I think we all understand that every budget is good for only one year. That's why I think it's so important from the outset that we establish how we fund and when we fund. This is one year in this one budget.

I must say, from a perspective of having been laid off, I'll never forget on September 24, 1982, when I personally was laid off and went for almost a year and a half--until February 10, 1984--without a job. It's very frustrating when you get up every day, and you really, on your best day, you just cannot find work.

This is a unique situation in Kalamazoo because these folks are so thoroughly equipped and highly skilled. They are highly sought. I think it would be inappropriate for us, really, to sit back and watch Rome burn when we know that we can step in and keep this brain trust for the betterment of our state. That's exactly what we're doing with this language.

I would urge the membership, again, to reject this amendment, to stand tall for the city of Kalamazoo, and to stand behind Senator George, Senator Brown, and Senator Jelinek, and really, as an entire chamber, stand behind this great city and that brain trust, and do the right thing.

Senator Goschka's fourth statement is as follows:

Before we actually have this vote, I do want to say that I think this is a very proud moment in the state of Michigan and in this chamber because we are going to stand up to the plate and establish a policy from this side saying very clearly that we believe that regardless of where you go to school in this state to a university that there will be a minimum base floor funding to back that student up. This is something that's been needed.

With the tier language that currently exists in the law, with all of the base floors that have been addressed, they have meant nothing. It has been empty rhetoric. With the elimination of tier language and the creation of a true base, I hope everyone in this chamber will recognize what we're doing--that we're standing up for higher education.

I want to thank Senate Majority Leader Ken Sikkema because when he was presented with this idea, he immediately supported it. As you know, subcommittee chairs and committee chairs don't get very far without the support of their leader. He has stood to the plate in a very big way.

Senator Johnson was first elected in 1980 to the Legislature. You wonder can there be any new ideas, and let me tell you that Senator Johnson stood shoulder-to-shoulder. I have her to thank as well for this because without her, this language would not be in this bill today. I appreciate Senator Johnson and her strong stand for higher education.

Then Senator Hardiman, the lion that he has been on the issue of floor funding in finding equity in higher education. I appreciate his friendship, his encouragement, and the fact that he was there for higher education when we needed him.

As we vote for this, I am very grateful that we will go into conference, presumably, with floor funding as a major priority from this side.

Senator Sikkema's statement is as follows:

Mr. President and members, I have been listening to the debate about this amendment, and I think we're missing the point by arguing about base funding and appropriations. Let me just point out something. There's no such thing as an ongoing appropriation. You appropriate money every year. But we're missing the point by arguing about base funding, annual appropriations, and sort of between the lines--talking about university politics in this state.

There has been a deliberate attempt in this state to downplay what is happening in Kalamazoo, an important community of this state, with a tremendous number of layoffs of high-paying, high-tech life sciences research jobs. The people of Kalamazoo, and some of them are connected with Western Michigan University, bless their heart, have come to this chamber, through their Senators and Representatives, and said: "We need help, and we have an idea. We have an innovative, creative idea designed to take advantage of the fact that much of the life sciences research today is contractual research." In other words, the large companies in this country dealing with life sciences, drugs, prescription drugs, and medicine are now tending to contract-out a lot of their research. So they have come to this chamber and the other chamber, and said: "We have an idea if you can help us with this idea."

I don't see this as university funding at all. This is about an attempt to save a community in this state. I'm not wedded, and I don't think anybody on this side of the aisle is wedded, to the idea that it has to be in the higher education budget. In fact, frankly, I don't think it should be. I think it ought to be in the MEDC budget. Now that raises an interesting question. Where the heck is MEDC on this issue of the loss of jobs in Kalamazoo? Well, they're nowhere, absolutely nowhere.

MEDC has more than 100 employees and several dozens of millions of dollars devoted to their operation. They've got a lot of people. If they don't like this idea that we've come up with, then they should come up with their own idea to help this community of Kalamazoo because I'll tell you one thing, benign neglect is not an answer. It's not acceptable to this side of the chamber.

Last fall, this Legislature passed a bill saying we're willing to give $10 million annually. Now that's an ongoing appropriation--$10 million annually in tax credits into perpetuity--if they would save research jobs in this state. Well, the Senate Fiscal Agency sent me a memo over the weekend. Not only has that tax credit not been used, they don't think it will ever be used because Pfizer can't meet the criteria of jobs saved that we put in that legislation. All we're saying is that $10 million, like I said, that was an annual tax credit to go on forever; that wasn't for Pfizer. That was for the people of Kalamazoo to save those jobs.

You got a better idea, we're willing to work with you. Come up with it, but we're not going to just sit around and let the hemorrhage of jobs occur in that community like what occurred throughout the 1980s in this state.

Senator Cherry's statement is as follows:

First of all, I would like to thank the chair of the Higher Education Appropriations Subcommittee for keeping us informed throughout the process and for his willingness to make sure we were all a part of it. Unfortunately, I rise to oppose the higher education bill and to ask my colleagues to also vote "no." As I said earlier, this budget is $100 million over the Governor's recommendation. It increases, as you know, funds for four universities, and also there's an additional $10 million for Western Michigan University. In addition to that, the amendment we had for the Merit Scholarship increasing it from a two-year to a four-year program, but only two-years for community colleges, was also defeated.

The budget takes money through a convoluted process and uses it--federal money again--for the higher education budget. We can argue about how it gets there and what funding source is what, but ultimately, we are over $100 million in the higher education budget.

I, like the chair of the Appropriations Committee, like the removal of the tier language, and I understand, as I said earlier, the desire to go to per-pupil funding. I believe that needs to be looked at more seriously, and we also need to look at other variables in that process of allocating funds. But I don't think that we should be doing that at a time when we don't have the funds to make sure that everybody gets their fair share. What has happened now is we've created winners and losers at a time when everyone is suffering because of our budget situation.

I hope that members oppose this budget, and I hope we can come up with a budget that's more fair for all the universities and that supports higher education.

Senator Switalski's statement is as follows:

It's another surreal moment in the State Capitol when the normal ideological split is kind of turned on its head. The Dems are urging fiscal restraint and responsibility, and the Republicans are advocating public intervention in the marketplace to soften the harsh dictates of the free market. Beyond that ideological split, I think because of the additional $100 million at spending at a time when we can't afford it, I feel I must vote "no."

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the Assistant President pro tempore, Senator Sanborn, designated Senator Jacobs as Chairperson.

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

House Bill No. 4388, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

House Bill No. 4388

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

The following bill was read a third time:

House Bill No. 4388, entitled

The question being on the passage of the bill,

Senator Switalski offered the following amendments:

1. Amend page 3, following line 19, by inserting:

"College operations supplement $ 17,600,000".

2. Amend page 3, line 23, by striking out "5,072,700" and inserting "22,672,700".

3. Amend page 24, following line 3, by inserting:

"Sec. 406. The funds appropriated in part 1 for college operations supplement shall be distributed on an equal percentage increase for each college.".

Senator Schauer moved that Senator Scott be temporarily excused from the balance of today's session.

The motion prevailed.

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

Senator Schauer requested the yeas and nays.

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

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

Roll Call No. 233 Yeas--16

Barcia Cherry Jacobs Sanborn

Basham Clark-Coleman Leland Schauer

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Nays--21

Allen Garcia Hardiman Patterson

Birkholz George Jelinek Sikkema

Bishop Gilbert Johnson Stamas

Brown Goschka Kuipers Toy

Cassis Hammerstrom McManus Van Woerkom

Cropsey

Excused--1

Scott

Not Voting--0

In The Chair: Sanborn

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. 234 Yeas--37

Allen Clark-Coleman Hardiman Prusi

Barcia Clarke Jacobs Sanborn

Basham Cropsey Jelinek Schauer

Bernero Emerson Johnson Sikkema

Birkholz Garcia Kuipers Stamas

Bishop George Leland Switalski

Brater Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry

Nays--0

Excused--1

Scott

Not Voting--0

In The Chair: Sanborn

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

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

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the Assistant President pro tempore, Senator Sanborn, designated Senator Jacobs as Chairperson.

Senate Bill No. 466, entitled

A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by amending section 163 (MCL 207.1163).

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

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

Senate Bill No. 464, entitled

A bill to amend 1952 PA 214, entitled "An act authorizing the Mackinac bridge authority to acquire a bridge connecting the upper and lower peninsulas of Michigan, including causeways, tunnels, roads and all useful related equipment and facilities, including park, parking, recreation, lighting and terminal facilities; extending the corporate existence of the authority; authorizing such authority to enjoy and carry out all powers incident to its corporate objects; authorizing the appropriation and use of state funds for the preliminary purposes of the authority; providing for the payment of the cost of such bridge and in that connection authorizing the authority to issue revenue bonds payable solely from the revenues of the bridge; granting the right of condemnation to the authority; granting the use of state land and property to the authority; making provisions for the payment and security of such bonds and granting certain rights and remedies to the holders thereof; authorizing banks and trust companies to perform certain acts in connection therewith; authorizing the imposition of tolls and charges; authorizing the authority to secure the consent of the United States government to the construction of the bridge and to secure approval of plans, specifications and location of same; authorizing employment of engineers irrespective of whether such engineers have been previously employed to make preliminary inspections or reports with respect to the bridge; authorizing the state highway department to operate and maintain such bridge or to contribute thereto and enter into leases and agreements in connection therewith; exempting such bonds and the property of the authority from taxation; prohibiting competing traffic facilities; authorizing the operation of ferries by the authority; providing for the construction and use of certain buildings; and making an appropriation," by amending section 2 (MCL 254.312).

Substitute (S-2).

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

1. Amend page 2, line 11, after "2003" by inserting "and shall take into consideration the appropriations that the authority receives from the state trunk line fund established in section 11 of 1951 PA 51, MCL 247.661".

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

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

Senate Bill No. 465, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11 (MCL 247.661), as amended by 2002 PA 639.

Substitute (S-4).

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

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

Senate Bill No. 467, entitled

Substitute (S-1).

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

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

Senate Bill No. 468, entitled

Substitute (S-1).

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

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

Senate Bill No. 520, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7cc, 7ee, 24c, and 53b (MCL 211.7cc, 211.7ee, 211.24c, and 211.53b), sections 7cc and 53b as amended by 2002 PA 624, section 7ee as amended by 1996 PA 476, and section 24c as amended by 2002 PA 620.

Substitute (S-3).

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

1. Amend page 19, line 3, after "than" by striking out "October 1, 2003" and inserting "November 1, 2003".

2. Amend page 19, line 16, after "roll." by striking out "If" and inserting "Unless a denial has been issued prior to July 1, 2003, if".

3. Amend page 19, line 17, after "withdrawn" by striking out the balance of the line through "exemption" on line 20.

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

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

Senate Bill No. 586, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 2002 PA 657.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 520

Senate Bill No. 586

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

The following bill was read a third time:

Senate Bill No. 520, entitled

The question being on the passage of the bill,

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

Roll Call No. 235 Yeas--36

Allen Cherry Hammerstrom Prusi

Barcia Clark-Coleman Hardiman Sanborn

Basham Clarke Jacobs Schauer

Bernero Cropsey Jelinek Sikkema

Birkholz Emerson Johnson Stamas

Bishop Garcia Kuipers Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Nays--0

Excused--1

Scott

Not Voting--1

Leland

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 586, entitled

The question being on the passage of the bill,

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

Roll Call No. 236 Yeas--38

Nays--0

Excused--0

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

Recess

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

The motion prevailed, the time being 1:43 p.m.

2:17 p.m.

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

During the recess, Senator Scott entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

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

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 110

Senate Resolution No. 111

Senate Resolution No. 112

The resolution consent calendar was adopted.

Senators Brown, George, Birkholz, Garcia, Van Woerkom, Barcia and Hardiman offered the following resolution:

Senate Resolution No. 110.

A resolution of tribute commemorating the Terquasquicentennial of the city of Constantine.

Whereas, It was 175 years ago that William Meek, an immigrant from the British Isles, was attracted to the spot where the Fawn and St. Joseph Rivers meet. One hundred and seventy-five years later, Mr. Meek's whim is a cause for celebration by the resulting community of Constantine; and

Whereas, The Constantine Terquasquicentennial will be marked by a three-day festival July 4-7, 2003. In addition to the regular Fourth of July events, the celebration will include many special activities focusing on the historical aspect of the occasion; and

Whereas, From its roots as a rapidly growing mill city, Constantine has emerged as a pleasant modern-day community worthy of its lofty name. The community has been a temporary home to several distinguished Michigan citizens, including John S. Barry and John J. Bagley, who served their terms as Governor during the second half of the nineteenth century; and

Whereas, The Constantine Terquasquicentennial celebration will involve the efforts of a wide spectrum of residents and, therefore, promises to be an event truly reflective of the entire community; now, therefore, be it

Resolved by the Senate, That congratulations be hereby extended to all residents of the city of Constantine as they gear up for the city's Terquasquicentennial; and be it further

Resolved, That a copy of this resolution be transmitted to the Mayor and the City Council of Constantine, Michigan, as a symbol of our congratulations.

Senators Allen, Bishop, Cassis, Clarke, Goschka, Jacobs, Prusi, Schauer and Switalski were named co-sponsors of the resolution.

Senators Cherry, Jacobs, Kuipers, Garcia, Barcia and Hardiman offered the following resolution:

Senate Resolution No. 111.

A resolution honoring the P-51 Mustang Pilots Association and recognizing the North American P-51 Mustang fighter and the accomplishments they made during World War II and the Korean War.

Whereas, It is a great pleasure to join with the membership of the P-51 Mustang Pilots Association as they gather at the Kalamazoo Air Zoo from August 20-25, 2003, to celebrate and remember the great accomplishments of the association and the P-51 Mustang fighter in helping to win World War II and the Korean War; and

Whereas, The North American P-51 Mustang and the men who flew them found their niche in the European air war of World War II as the first successful long-range strategic fighter capable of escorting B-17 and B-24 bombers from bases in Great Britain and Italy to targets in Germany. Mustang pilots also escorted Allied bombers from bases in the Pacific Theater of Operations to targets in Japan. The effectiveness of the Mustang and the men who flew them was shown on January 11, 1944, when a force of newly introduced P-51 Mustangs protected 220 American bombers, striking at critical targets in Germany without loss, while shooting down 15 enemy aircrafts. Their first big air battle in Europe was a success; and

Whereas, After World War II, the Mustang served in no less than 55 air forces worldwide, and although it was the supersonic jet age by then, small numbers were even produced in 1967 for various military purposes--further proof of what an excellent aircraft it was; and

Whereas, The P-51 Mustang Pilots Association has over 800 members, most of whom flew the P-51 during World War II or the Korean War. Notably, the P-51 Mustang was the aircraft flown by the Tuskegee Airmen, several of whom are members of the association. Other notables who flew the P-51 Mustang were retired U.S. Air Force General Robert L. Scott and pilot and ace Chuck Yeager; now, therefore, be it

Resolved by the Senate, That we hereby honor and recognize the many accomplishments of the P-51 Mustang Pilots Association and the North American P-51 Mustang fighter; and be it further

Resolved, That a copy of this resolution be transmitted to the P-51 Mustang Pilots Association as a token of our esteem.

Senators Allen, Birkholz, Bishop, Cassis, Clark-Coleman, Clarke, George, Goschka, Prusi, Schauer, Scott, Switalski and Van Woerkom were named co-sponsors of the resolution.

Senator Jacobs offered the following resolution:

Senate Resolution No. 112.

A resolution memorializing the life of David A. Lennon.

Whereas, It is with deep sorrow that we offer this tribute as a memorial for the life of Ferndale City Councilman David A. Lennon. With his tragic passing on June 4, 2003, the community of Ferndale has lost a gentleman with great dedication to the success and vitality of his hometown. To his surviving family--his fiancé Kimberly Mercier; his grandmother Donna Calnen; his mother Nancy; his brothers, Michael, Bernard, Timothy, and Edward; and his sisters, Sheryl and Lori--we offer this expression of our respect and admiration for the gifts he shared with the people of Ferndale and the state of Michigan; and

Whereas, David A. Lennon was born on April 12, 1968, in Southfield, Michigan. He was a lifetime resident of Ferndale, attending Ferndale's Roosevelt and Taft Elementary Schools, Best Junior High, and Ferndale High School until his graduation in 1986. Mr. Lennon went on to obtain a degree in accounting from Notre Dame in 1990. After working for General Motors Acceptance Corporation for eight years, he earned a General Motors Fellowship which he utilized to obtain his master's degree in business administration from Cornell University in 2000. Following graduation, Mr. Lennon returned to work at General Motors Acceptance Corporation, eventually serving as the head of the international accounting team; and

Whereas, David represented a rising star, carrying on the proud tradition of his family's public service, rooted in Democratic ideals, and serving the interests of working families. The Lennon family is part of the foundation upon which the Ferndale community is built. His father, Bernie, who passed away in 1999, served as Ferndale mayor and also as chief deputy director of the Department of Labor under Governor James Blanchard. His siblings have served as police officers and on numerous commissions and committees. His mother Nancy worked as court administrator in the 43rd District Court; and

Whereas, In 2001, David A. Lennon was elected to the Ferndale City Council and also served on the Planning Commission, the Downtown Development Authority, the Economic Restructuring Committee, the Employee Pension Board, the Highway Committee, and more; and

Whereas, He celebrated his Irish heritage through his membership in the Ancient Order of Hibernians, further served his community through his involvement in the Elks Club and the American Legion, and served God through his membership at St. James Catholic Church. Mr. Lennon was serious yet selfless about the many causes he undertook; and

Whereas, David A. Lennon was devoted to family and due to be married in July. He was a loving, committed, and playful uncle to his many nieces and nephews. He was not only a caring brother, but a best friend to his siblings. Mr. Lennon was described as gregarious and was friendly and kind to all those who met him from all walks of life; now, therefore, be it

Resolved by the Senate, That we hereby offer words of praise as a memorial for the distinguished life of David A. Lennon; and be it further

Resolved, That copies of this resolution be transmitted to the family of David A. Lennon and to the Ferndale City Council as evidence of the lasting esteem that will be held for his memory by the people of the state of Michigan.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator George's statement is as follows:

I also wanted to compliment the chairs of some of the Appropriations subcommittees on their fine work, particularly the higher education and the community health subcommittees.

I wanted to comment on one of the items that were in the Community Health budget that was not particularly contentious, but I think it was very important. It was added to boilerplate language. It has to do with getting Medicaid patients who are pregnant into managed care programs as quickly as possible.

I would just like to relate a personal experience I had in my medical practice recently. I was involved in the delivery of two premature babies. This was about a month ago. I had provided anesthesia to their mothers. Both of these babies were at about 26 weeks gestational age. One died and one survived. In fact, that is about the average survivability of a baby born at that time--about 50 percent. If those babies are kept in the womb a few weeks longer, their survivability goes up to 90 percent--if they can be kept in utero from 25 weeks to 30 weeks. The way to do that is by enrolling those pregnant mothers in Medicaid programs earlier, particularly managed care programs that have an incentive to cut their cost by helping to ensure that a baby is delivered closer to term.

There was boilerplate language put in the DCH budget to encourage that. I think that's a very significant element of the Community Health budget, so I wanted to commend the chair on that action.

Senator Brown's statement is as follows:

I want to thank the members for their support of Senate Bill No. 520. I want to thank those who were involved in the workgroup that met repeatedly. I want to thank Jeanne Laimon from my staff especially, but all the groups who participated, whether it's the township, the Michigan Municipal League, the assessors, the Treasury Department for their wonderful cooperation, the other side of the aisle, and our own members, not the least of which was the good chair of the Finance Committee. I'm very grateful and just want to acknowledge appreciation.

Senator Scott stated that had she been present when the votes were taken on the passage of the following bills, she would have voted "yea":

House Bill No. 4388

Senate Bill No. 520

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Hammerstrom and Johnson introduced

Senate Bill No. 591, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109h.

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

Senators Brown, Garcia, Barcia, Birkholz and Hardiman introduced

Senate Bill No. 592, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 2000 PA 13.

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

House Bill No. 4096, entitled

A bill to amend 1994 PA 204, entitled "The children's ombudsman act," by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 (MCL 722.922, 722.923, 722.924, 722.925, 722.926, 722.927, 722.928, 722.929, 722.930, and 722.931); and to repeal acts and parts of acts.

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

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

House Bill No. 4247, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 310d, 310e, 319, 320a, 624b, 625, 625a, 625c, 625f, 625g, 625i, 625k, 625l, 625m, and 904d (MCL 257.303, 257.310d, 257.310e, 257.319, 257.320a, 257.624b, 257.625, 257.625a, 257.625c, 257.625f, 257.625g, 257.625i, 257.625k, 257.625l, 257.625m, and 257.904d), section 303 as amended by 2002 PA 422, sections 310d and 625g as amended by 1999 PA 73, section 310e as amended by 2002 PA 554, section 319 as amended by 2002 PA 534, section 320a as amended by 2002 PA 149, section 624b as amended by 1998 PA 349, sections 625 and 625m as amended by 2000 PA 460, section 625a as amended by 1998 PA 351, section 625c as amended by 1998 PA 350, section 625f as amended by 1994 PA 450, section 625i as amended by 1998 PA 354, sections 625k and 625l as amended by 1998 PA 340, and section 904d as amended by 2001 PA 159, and by adding section 1d.

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

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

House Bill No. 4248, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 12f, 22, 33, and 48 of chapter XVII (MCL 777.12f, 777.22, 777.33, and 777.48), section 12f as added by 2002 PA 34, section 22 as amended by 2002 PA 143, and sections 33 and 48 as amended by 2000 PA 279.

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

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

House Bill No. 4518, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20919 (MCL 333.20919), as amended by 2000 PA 375.

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

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

House Bill No. 4708, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 10 (MCL 224.10), as amended by 1989 PA 251.

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

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

Committee Reports

The Committee on Appropriations reported

House Bill No. 4396, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2004; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George and Barcia

Nays: Senators Prusi, Cherry, Clarke and Switalski

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

The Committee on Appropriations reported

House Bill No. 4392, entitled

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Cherry, Clarke and Switalski

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 399, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 1993 PA 325.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George and Barcia

Nays: Senators Prusi, Cherry, Clarke and Switalski

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

The Committee on Appropriations reported

Senate Bill No. 359, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending section 1101 (MCL 450.5101), as amended by 2002 PA 686.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Cherry, Clarke and Switalski

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 391, entitled

A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending sections 202 and 305 (MCL 451.602 and 451.705), as amended by 2000 PA 494.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Cherry, Clarke and Switalski

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 431, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending sections 3, 37, and 38 (MCL 338.2203, 338.2237, and 338.2238), section 3 as amended by 1993 PA 139, section 37 as amended by 2002 PA 633, and section 38 as amended by 1999 PA 171; and to repeal acts and parts of acts.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Cherry, Clarke and Switalski

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 370, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 10 (MCL 421.10), as amended by 2002 PA 192.

With the recommendation that the bill pass.

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Cherry, Clarke and Switalski

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, June 11, 2003, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Johnson (C), Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Cherry, Clarke and Switalski

Excused: Senator Scott

The Committee on Commerce and Labor reported

House Bill No. 4454, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3, 4, and 8 (MCL 207.803, 207.804, and 207.808), section 3 as amended by 2000 PA 428 and section 8 as amended by 2000 PA 144.

With the recommendation that the bill pass.

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

Jason Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Kuipers, McManus, Schauer and Olshove

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Labor reported

House Bill No. 4472, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2000 PA 415.

With the recommendation that the bill pass.

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

Jason Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Kuipers, McManus, Schauer and Olshove

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Tuesday, June 10, 2003, at 3:00 p.m., Room 100, Farnum Building

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

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

House Bill No. 4077, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 1204 (MCL 339.1204), as amended by 1997 PA 97.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

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

House Bill No. 4081, entitled

A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending sections 139, 141, and 142 (MCL 125.539, 125.541, and 125.542), as amended by 1992 PA 144.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

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

Senate Resolution No. 103.

A resolution to memorialize the Congress of the United States to enact legislation that would remove the unfair advantages that Federal Prison Industries has in competition for business.

(For text of resolution, see Senate Journal No. 55, p. 761.)

With the recommendation that the resolution be adopted.

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Gilbert, Jacobs and Basham

Nays: None

The resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, June 11, 2003, at 3:00 p.m., Rooms 402 and 403, Capitol Building

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

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 578, entitled

A bill to establish American heroes week in the state of Michigan.

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

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

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Basham and Bernero

Nays: None

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

The Committee on Local, Urban and State Affairs reported

House Bill No. 4326, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 55 and 59 (MCL 24.255 and 24.259), as amended by 1999 PA 262.

With the recommendation that the bill pass.

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

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Basham and Bernero

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No. 4456, entitled

A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 1 (MCL 46.351), as amended by 2000 PA 496.

With the recommendation that the bill pass.

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

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Basham and Bernero

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 193, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as amended by 2001 PA 124, and by adding section 811o; and to repeal acts and parts of acts.

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

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

Laura M. Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Birkholz, Basham and Bernero

Nays: None

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, June 12, 2003, at 2:00 p.m., Room 110, Farnum Building

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

Excused: Senator Goschka

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No. 252, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112 (MCL 324.3112) and by adding section 3113b.

With the recommendation that the substitute (S-7) be adopted and that the bill then pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson and Van Woerkom

Nays: Senators Brater and Basham

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, June 12, 2003, at 8:00 a.m., Room 110, Farnum Building

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

The Committee on Health Policy reported

House Bill No. 4236, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131, 16186, and 16263 (MCL 333.16131, 333.16186 and 333.16263), sections 16131 and 16263 as amended by 2001 PA 139, section 16186 as amended by 2002 PA 643, and by adding section 16344 and part 187.

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

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson and George

Nays: None

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

The Committee on Health Policy reported

House Bill No. 4280, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding sections 420a, 422a, and 422b.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, Bernero and Jacobs

Nays: Senator George

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No. 4281, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401i.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Bernero and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No. 4282, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 501 (MCL 550.1501).

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, Bernero and Jacobs

Nays: Senator George

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, June 11, 2003, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower)

Present: Senators Hammerstrom (C), Patterson, George, Bernero and Jacobs

The Committee on Education reported

Senate Bill No. 393, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 501, 502, 503, 504, 504a, and 507 (MCL 380.501, 380.502, 380.503, 380.504, 380.504a, and 380.507), sections 501, 502, 503, 504a, and 507 as amended by 1995 PA 289 and section 504 as amended by 1994 PA 416, and by adding sections 503b and 1320.

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

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cassis and VanWoerkom

Nays: Senator Clark-Coleman

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

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Thursday, June 12, 2003, at 2:00 p.m., Room 210, Farnum Building

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

The Committee on Appropriations reported

House Bill No. 4391, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

The Committee on Appropriations reported

House Bill No. 4401, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 8b, 11, 11f, 11g, 18, 19, 20, 22a, 22b, 24, 26a, 31a, 31d, 32c, 32d, 38, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 99, 101, 105, 107, and 147 (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611f, 388.1611g, 388.1618, 388.1619, 388.1620, 388.1622a, 388.1622b, 388.1624, 388.1626a, 388.1631a, 388.1631d, 388.1632c, 388.1632d, 388.1638, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1705, 388.1707, and 388.1747), section 3 as amended by 2000 PA 297, sections 6, 11, 11f, 11g, 20, 22a, 22b, 24, 26a, 31a, 31d, 32c, 32d, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 99, 107, and 147 as amended by 2002 PA 521, section 8b as added and sections 19, 38, and 105 as amended by 2002 PA 191, section 18 as amended by 1999 PA 119, and section 101 as amended by 2002 PA 476, and by adding sections 20k, 20l, 22d, 22e, 32j, and 98b; and to repeal acts and parts of acts.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 510, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3118 and 3119 (MCL 324.3118 and 324.3119), section 3118 as amended by 1999 PA 35 and section 3119 as amended by 1999 PA 106.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 537, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74117 (MCL 324.74117), as added by 1995 PA 58, and by adding section 501b; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 560, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2505 and 3115 (MCL 324.2505 and 324.3115), section 2505 as added by 1995 PA 60, and by adding sections 3120, 3121, and 3122.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry and Switalski

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 561, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11507a, 11525, and 11525a (MCL 324.11507a, 324.11525, and 324.11525a), section 11507a as added by 1996 PA 359, section 11525 as amended by 1996 PA 506, and section 11525a as added by 1996 PA 358.

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry and Switalski

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Thursday, June 12, 2003, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Johnson (C), Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Excused: Senator Garcia

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees submitted the following:

Meeting held on Wednesday, May 28, 2003, at 3:00 p.m., Room H-252, Capitol Building

Present: Senators Goschka (C) and Leland

COMMITTEE ATTENDANCE REPORT

The Committee on Families and Human Services submitted the following:

Meeting held on Thursday, June 12, 2003, at 8:30 a.m., Room 210, Farnum Building

Present: Senators Hardiman (C), Sanborn and Clark-Coleman

Excused: Senators Hammerstrom and Jacobs

Scheduled Meetings

Appropriations - Wednesday, June 18, and Thursday, June 19, 2:00 p.m. or later immediately following session, and Friday, June 20, 10:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Subcommittee -

Capital Outlay - Thursday, June 19, 8:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Banking and Financial Institutions - Thursday, June 19, 12:00 noon or later immediately following session, Room 100, Farnum Building (373-2417)

Commerce and Labor - Wednesday, June 18, 3:00 p.m., Room 110, Farnum Building; and Thursday, June 19, 3:00 p.m., Room 100, Farnum Building (373-2413)

Conference Committee -

Radio Towers Use by Local Governments (SB 293) - Wednesday, June 18, 9:00 a.m., Room 210, Farnum Building (373-3760)

Finance - Thursday, June 19, 8:30 a.m., Room 405, Capitol Building (373-1758)

Gaming and Casino Oversight - Wednesday, June 18, 4:00 p.m., Room 100, Farnum Building (373-2413)

Health Policy - Wednesday, June 18, 1:00 p.m. or later immediately following session, Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-3543)

Senior Citizens and Veterans Affairs - Wednesday, June 18, 9:00 a.m., Room 110, Farnum Building (373-1707)

Technology and Energy - Wednesday, June 18, 3:00 p.m., Room 210, Farnum Building (373-7350) (CANCELED)

The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Wednesday, June 18, 2003, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

Allen--present	Emerson--present	Olshove--present
Barcia--present	Garcia--present	Patterson--present
Basham--present	George--present	Prusi--present
Bernero--present	Gilbert--present	Sanborn--present
Birkholz--present	Goschka--present	Schauer--present
Bishop--present	Hammerstrom--present	Scott--present
Brater--present	Hardiman--present	Sikkema--present
Brown--present	Jacobs--present	Stamas--present
Cassis--present	Jelinek--present	Switalski--present
Cherry--present	Johnson--present	Thomas--present
Clark-Coleman--present	Kuipers--present	Toy--present
Clarke--present	Leland--present	Van Woerkom--present

Allen	Clarke	Jacobs	Sanborn
Barcia	Cropsey	Jelinek	Schauer
Basham	Emerson	Johnson	Scott
Bernero	Garcia	Kuipers	Sikkema
Birkholz	George	Leland	Stamas
Bishop	Gilbert	McManus	Switalski
Brater	Goschka	Olshove	Thomas
Brown	Hammerstrom	Patterson	Toy
Cassis	Hardiman	Prusi	Van Woerkom

Emerald ash borer program--10.0 FTE positions	$	7,250,000
GROSS APPROPRIATION	$	7,250,000

Airport improvement program	$	12,000,000
GROSS APPROPRIATION	$	12,000,000

Bioterrorism preparedness	$	23,300,000
GROSS APPROPRIATION	$	23,300,000

Low-income energy assistance program	$	8,400,000
GROSS APPROPRIATION	$	8,400,000

Library of Michigan operations	$	26,900
GROSS APPROPRIATION	$	26,900

Judiciary reductions	$	(1,103,700)
GROSS APPROPRIATION	$	(1,103,700)

General nonretirement expenses	$	(60,100)
GROSS APPROPRIATION	$	(60,100)

Forest cultivation and reforestation--5.0 FTE positions	$	500,000
GROSS APPROPRIATION	$	500,000

Federal - urban forestry grants	$	1,500,000
GROSS APPROPRIATION	$	1,500,000

Purchased lands taxes	$	1,500,000
GROSS APPROPRIATION	$	1,500,000

Cleanup and redevelopment trust fund	$	1,500,000
State general fund/general purpose	$	0

Help America vote act	$	16,700,000
GROSS APPROPRIATION	$	16,700,000

Homeland security grant program	$	42,164,000
Grants for disaster assistance	$	2,200,000

ADJUSTED GROSS APPROPRIATION	$	24,000,000
Total federal revenues	$	24,000,000

DOT - FHWA, highway research, planning, and construction		24,000,000
State general fund/general purpose	$	0

Grants for disaster assistance	$	2,200,000
Total payments to local units of government	$	3,700,000