No. 43

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Wednesday, May 7, 2008.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti—present Dillon—excused Lahti—present Pearce—present

Acciavatti—present Donigan—present LaJoy—present Polidori—present

Agema—present Ebli—present Law, David—present Proos—present

Amos—present Elsenheimer—present Law, Kathleen—excused Robertson—present

Angerer—present Emmons—present LeBlanc—present Rocca—present

Ball—present Espinoza—present Leland—present Sak—present

Bauer—present Farrah—excused Lemmons—present Schuitmaker—present

Bennett—present Gaffney—present Lindberg—present Scott—present

Bieda—present Garfield—present Marleau—present Shaffer—present

Booher—present Gillard—present Mayes—present Sheen—present

Brandenburg—present Gonzales—present McDowell—present Sheltrown—present

Brown—present Green—present Meadows—present Simpson—present

Byrnes—present Griffin—present Meekhof—excused Smith, Alma—present

Byrum—present Hammel—present Meisner—present Smith, Virgil—present

Calley—present Hammon—present Melton—present Spade—present

Casperson—present Hansen—present Meltzer—present Stahl—present

Caswell—present Hildenbrand—present Miller—present Stakoe—present

Caul—present Hood—present Moolenaar—present Steil—present

Cheeks—present Hoogendyk—present Moore—present Tobocman—present

Clack—present Hopgood—present Moss—present Vagnozzi—present

Clemente—present Horn—present Nitz—present Valentine—present

Condino—present Huizenga—excused Nofs—excused Walker—present

Constan—present Hune—present Opsommer—present Ward—excused

Corriveau—present Jackson—present Palmer—present Warren—present

Coulouris—present Johnson—present Palsrok—present Wenke—present

Cushingberry—present Jones, Rick—present Pastor—present Wojno—present

Dean—present Jones, Robert—present Pavlov—present Young—present

DeRoche—present Knollenberg—present

e/d/s = entered during session

Rep. Lee Gonzales, from the 49th District, offered the following invocation:

“Heavenly Father, let us give You praise and thanks for the privilege You have bestowed upon us in serving the citizens of our great state. We pause to ask Your blessing upon us - to open our ears to hear the truth, to open our hearts to have the ability to do what’s right, to open our eyes to visualize and stimulate new innovations and to open our mouths to speak genuine words of conviction and encouragement.

Mahatma Gandi reminded us that, ‘It is the action, not the fruit of the action, that is important. We have to do that right thing.’

Thus, we seek not only forethought in fulfilling our duties, but the wisdom to thoughtfully achieve them in a way that will honor and benefit all the residents of the great state of Michigan.

Please join me as we stand together in our common fellowship. Let us open our minds, shed our differences and depart in unity. Amen.”

______

Rep. Palsrok moved that Reps. Nofs, Huizenga, Meekhof and Ward be excused from today’s session.

The motion prevailed.

Rep. Tobocman moved that Reps. Dillon, Farrah and Kathleen Law be excused from today’s session.

The motion prevailed.

Third Reading of Bills

House Bill No. 5919, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 7a (MCL 252.307a), as added by 2006 PA 447.

(The bill was read a third time and postponed temporarily on May 1, see House Journal No. 41, p. 943.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 372 Yeas—98

Accavitti Cushingberry Lahti Pearce

Acciavatti Dean LaJoy Polidori

Agema DeRoche Law, David Proos

Amos Donigan LeBlanc Robertson

Angerer Ebli Leland Rocca

Ball Elsenheimer Lemmons Sak

Bauer Emmons Lindberg Schuitmaker

Bennett Espinoza Marleau Scott

Bieda Gaffney Mayes Shaffer

Booher Gillard McDowell Sheen

Brandenburg Gonzales Meadows Sheltrown

Brown Green Meisner Simpson

Byrnes Griffin Melton Smith, Virgil

Byrum Hansen Meltzer Spade

Calley Hildenbrand Miller Stahl

Casperson Hood Moolenaar Stakoe

Caswell Hoogendyk Moore Steil

Caul Hopgood Moss Tobocman

Cheeks Horn Nitz Vagnozzi

Clack Hune Opsommer Valentine

Clemente Jackson Palmer Walker

Condino Johnson Palsrok Wenke

Constan Jones, Rick Pastor Wojno

Corriveau Jones, Robert Pavlov Young

Coulouris Knollenberg

Nays—5

Garfield Hammon Smith, Alma Warren

Hammel

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Tobocman moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 511, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, the legislative branch, and the judicial branch for the fiscal year ending September 30, 2008; and to provide for the expenditure of the appropriations.

(The bill was received from the Senate on May 6, with amendments to the House substitute (H-9) to the Senate substitute (S-2) to the House substitute (H-3) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 42, p. 983.)

The question being on concurring in the amendments to the House substitute (H-9) to the Senate substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

Rep. Hood moved to amend the Senate amendments as follows:

1. Amend Senate Amendment No. 1, page 2, line 4, section 106, subsection (2), after “DOT, federal aviation administration” by striking out “162,867,600” and inserting “162,867,500”.

2. Amend Senate Amendment No. 1, page 2, line 4, section 106, subsection (2), after “State aeronautics fund” by striking out “5,114,300” and inserting “5,114,400”.

3. Amend Senate Amendment No. 1, page 2, line 4, following section 106, by inserting:

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

PLANNING PROJECTS

Central Michigan University - bio-tech building - for program and planning to be paid for

from university revenues (estimated total project cost $74,999,900; state share

$39,999,900; university share $35,000,000)............................................................................. $ 100

Eastern Michigan University - Pray-Harrold addition & modernization - for program and

planning to be paid for from university revenues (estimated total project cost $56,999,900;

state share $39,999,900; university share $17,000,000)........................................................... 100

Ferris State University - center for collaborative health education - for program and planning

to be paid for from university revenues (estimated total project cost $26,899,900; state share

$20,174,900; university share $6,725,000)............................................................................... 100

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

and planning to be paid for from university revenues (estimated total project cost

$69,999,900; state share $39,999,900; university share $30,000,000)..................................... 100

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

construction - for program and planning to be paid for from university revenues

(estimated total project cost $14,749,900; state share $11,062,400; university share

$3,687,500)............................................................................................................................... 100

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

to be paid for from university revenues (estimated total project cost $146,299,900; state share

$39,999,900; university share $106,300,000)........................................................................... 100

Michigan Technological University - center for integrated learning and information technology,

phase II - for program and planning to be paid for from university revenues (estimated total

project cost $58,999,900; state share $39,999,900; university share $19,000,000)................. 100

Northern Michigan University - biomass heat and power cogeneration plant construction - for

program and planning to be paid for from university revenues (estimated total project cost

$54,999,900; state share $39,999,900; university share $15,000,000)..................................... 100

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

university revenues (estimated total project cost $61,220,400; state share $39,999,900;

university share $21,220,500)................................................................................................... 100

Saginaw Valley State University - nursing and health sciences building - for program and

planning to be paid for from university revenues (estimated total project cost $27,999,900;

state share $20,999,900; university share $7,000,000)............................................................. 100

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

paid for from university revenues (estimated total project cost $174,999,900; state share

$39,999,900; university share $135,000,000)........................................................................... 100

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

and planning to be paid for from university revenues (estimated total project cost

$35,999,900; state share $26,999,900; university share $9,000,000)....................................... 100

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

planning to be paid for from university revenues (estimated total project cost $20,799,900;

state share $15,599,900; university share $5,200,000)............................................................. 100

Wayne State University - multidisciplinary biomedical research building - for program and

planning to be paid for from university revenues (estimated total project cost $179,999,900;

state share $39,999,900; university share $140,000,000)......................................................... 100

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

paid for from university revenues (estimated total project cost $55,999,900; state share

$39,999,900; university share $16,000,000)............................................................................. 100

Alpena Community College - transportation engineering center of excellence - for program and

planning to be paid for from college revenues (estimated total project cost $7,829,900; state

share $3,914,900; school share $3,915,000)............................................................................ 100

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

program and planning to be paid for from college revenues (estimated total project cost

$999,900; state share $499,900; school share $500,000)......................................................... 100

Delta College - health and wellness programs, F-wing renovations - for program and planning

to be paid for from college revenues (estimated total project cost $12,799,900; state share

$6,399,900; school share $6,400,000)...................................................................................... 100

Grand Rapids Community College - lifelong learning center - for program and planning to be

paid for from college revenues (estimated total project cost $33,499,900; state share

$16,749,900; school share $16,750,000).................................................................................. 100

Henry Ford Community College - science building renovations - for program and planning to

be paid for from college revenues (estimated total project cost $14,999,900; state share

$7,499,900; school share $7,500,000)...................................................................................... 100

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

for from college revenues (estimated total project cost $21,899,900; state share $10,949,900;

school share $10,950,000)........................................................................................................ 100

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

planning to be paid for from college revenues (estimated total project cost $11,999,900;

state share $5,999,900; school share $6,000,000).................................................................... 100

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

be paid for from college revenues (estimated total project cost $4,999,900; state share

$2,499,900; school share $2,500,000)...................................................................................... 100

Lake Michigan College - emerging technologies initiative - for program and planning to be

paid for from college revenues (estimated total project cost $21,734,900; state share

$10,867,400; school share $10,867,500).................................................................................. 100

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

planning to be paid for from college revenues (estimated total project cost $47,299,900;

state share $23,649,900; school share $23,650,000)................................................................ 100

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

program and planning to be paid for from college revenues (estimated total project cost

$14,499,900; state share $7,249,900; school share $7,250,000).............................................. 100

Mid Michigan Community College - Mt. Pleasant campus unification - for program and

planning to be paid for from college revenues (estimated total project cost $27,120,900;

state share $13,560,400; school share $13,560,500)................................................................ 100

Monroe Community College - career technology center - for program and planning to be paid

for from college revenues (estimated total project cost $16,999,900; state share $8,499,900;

school share $8,500,000).......................................................................................................... 100

Montcalm Community College - MTEC expansion - for program and planning to be paid for

from college revenues (estimated total project cost $5,999,900; state share $2,999,900;

school share $3,000,000).......................................................................................................... 100

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

to be paid for from college revenues (estimated total project cost $8,155,900; state share

$4,077,900; school share $4,078,000)...................................................................................... 100

Muskegon Community College - student services center - for program and planning to be

paid for from college revenues (estimated total project cost $4,999,900; state share

$2,499,900; school share $2,500,000)...................................................................................... 100

North Central Michigan College - science and chemistry buildings renovations - for program

and planning to be paid for from college revenues (estimated total project cost $16,323,700;

state share $8,161,800; school share $8,161,900).................................................................... 100

Northwestern Michigan College - student learning center - for program and planning to be

paid for from college revenues (estimated total project cost $13,499,900; state share

$6,749,900; school share $6,750,000)...................................................................................... 100

Oakland Community College - building A additions and renovations, Auburn Hills campus -

for program and planning to be paid for from college revenues (estimated total project cost

$32,064,900; state share $16,032,400; school share $16,032,500).......................................... 100

St. Clair County Community College - center for health and human services - for program and

planning to be paid for from college revenues (estimated total project cost $6,999,900; state

share $3,499,900; school share $3,500,000)............................................................................ 100

Schoolcraft College - public safety training complex - for program and planning to be paid for

from college revenues (estimated total project cost $14,999,900; state share $7,499,900;

school share $7,500,000).......................................................................................................... 100

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

and planning to be paid for from college revenues (estimated total project cost $3,199,900;

state share $1,599,900; school share $1,600,000).................................................................... 100

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

to be paid for from college revenues (estimated total project cost $15,999,900; state share

$7,999,900; school share $8,000,000)...................................................................................... 100

West Shore Community College - arts and sciences building renovation and expansion - for

program and planning to be paid for from college revenues (estimated total project cost

$6,899,900; state share $3,449,900; school share $3,450,000)................................................ 100

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

Appropriated from:

State general fund/general purpose.............................................................................................. $ 3,900”

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

4. Amend Senate Amendment No. 1, page 2, line 4, following “Sec. 108. STATE BUILDING AUTHORITY FINANCED CONSTRUCTION AUTHORIZATIONS” by inserting:

“Department of natural resources - state park improvement projects, for design and

construction (total authorized cost $17,900,000; state building authority share

$17,899,900; state general fund share $100)....................................................................... $ 100

Department of natural resources - forest fire experiment station replacement, for design

and construction (total authorized cost $2,100,000; state building authority share

$2,099,900; state general fund share $100).............................................................................. 100

Department of management and budget - state facility preservation projects, phase III, for

design and construction (total authorized cost $70,310,000; state building authority share

$70,309,900; state general fund share $100)............................................................................ 100

Kirtland Community College - campus wide water well system, for design and construction

(total authorized project cost $1,005,000; state building authority share $502,400; college

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

Wayne County Community College - northwest campus replacement, for design and

construction (total authorized cost $42,000,000; state building authority share $20,999,900;

college share $21,000,000; state general fund share $100)...................................................... 100”

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

5. Amend Senate Amendment No. 2, page 26, line 2, after “inserting” by striking out “$68,764,700.00” and inserting “$68,769,200.00”.

6. Amend Senate Amendment No. 3, page 31, line 8, after “408” by inserting “and inserting:

Sec. 426. The authorizations in 2003 PA 193 and 2005 PA 297 for the Riverside correctional facility – power plant automation project (total authorized cost $4,500,000; state building authority share $4,499,800; state general fund share $200) are hereby re-appropriated to the following projects:

(a) Huron Valley complex – food service addition and facility renovations, for design and construction, originally authorized in 2004 PA 309 (total authorized cost increased from $3,675,100 to $5,775,100; state building authority share from $3,675,000 to $5,774,800; state general fund share $200).

(b) Michigan reformatory – A ward 140-bed expansion, for design and construction (total authorized cost $1,100,000; state building authority share $1,099,900; state general fund share $100).

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

Sec. 427. The funds appropriated in part 1 for the Wayne County Community College northwest campus replacement project shall only be released upon approval of the program statement, planning documents, and construction authorization request by the JCOS. The project may not move into final design until these documents are approved.

Sec. 428. (1) State institutions of higher education and community colleges represent centers of activity for both energy consumption and innovation in energy conservation. The resources and knowledge base of these educational institutions can play a significant role in promoting renewable energy, energy efficiency, and environmental sustainability. To further promote these efforts and support Michigan businesses providing alternative energy services and products, projects authorized for planning in this bill that meet the criteria set forth shall receive a 1.0% increase in state match for the project at the time of initial authorization, if matched with an equal or greater amount of institutional funds. This incentive is intended to encourage alternative energy and energy efficiency design solutions that exceed the minimum United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) scoring presently required in the department’s major project design manual.

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

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

(b) Obtain a score equivalent to “platinum” level, in accordance with the United States Green Building Council’s Leadership in Energy and Environmental Design (LEED) green building rating system.

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

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

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

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

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

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

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

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

(7) University and community college projects authorized for construction in this bill may also be eligible for the incentives provided in subsection (1), provided they meet the eligibility criteria in subsection (2). The total authorized cost of the project is increased by 2.0% (1.0% state share and 1.0% institutional share), respectively, if program statements and schematic or preliminary design documents meeting the requirements of subsection (2) are approved by JCOS prior to the start of construction.”.

7. Amend Senate Amendment No. 4, page 39, line 4, after “604” by inserting “and inserting:

Sec. 605. The appropriation included in section 107 for university and community college planning project authorizations allow for the completion of program statements and schematic planning documents. These projects will not receive cost and construction authorizations in subsequent budget acts unless there is sufficient bonding capacity available under the state building authority’s statutory bond capacity limit.”.

8. Amend Senate Amendment No. 6, page 39, line 12, after “652” by inserting “and inserting:

USE AND FINANCE STATEMENTS

Sec. 661. (1) Except as otherwise provided in subsection (3) or (4), a university shall not enter into a contract for new construction of a self-funded project estimated to cost $3,000,000.00 or more unless the project is authorized by JCOS through approval of a use and finance statement defined by a policy adopted by JCOS. The request for authorization shall be initially submitted for review to JCOS, the senate and house fiscal agencies, and the department. The use and finance statement for a non-state-funded project shall contain the estimated total construction cost and all associated estimated operating costs, including a statement of anticipated project revenues. As used in this subsection, “new construction” includes land or property acquisition, remodeling and additions, maintenance projects, roads, landscaping, equipment, telecommunications, utilities, and parking lots and structures. Certificate of need forms may be submitted in lieu of a use and finance form where applicable.

(2) Except as otherwise provided in subsection (4), a community college shall not enter into a contract for new construction of a self-funded project estimated to cost $2,000,000.00 or more unless the project is authorized by JCOS through approval of a use and finance statement defined by a policy adopted by JCOS. The request for legislative authorization shall be initially submitted for review to JCOS, the senate and house fiscal agencies, and the department. The use and finance statement for a non-state-funded project shall contain the estimated total construction cost and all associated estimated operating costs, including a statement of anticipated project revenues. As used in this subsection, “new construction” includes land or property acquisition, remodeling and additions, maintenance projects, roads, landscaping, equipment, telecommunications, utilities, and parking lots and structures. Certificate of need forms may be submitted in lieu of a use and finance form where applicable.

(3) The University of Michigan Hospital and Health Center is not required to obtain JCOS authorization through approval of a use and finance statement defined by a policy adopted by JCOS.

(4) If health or safety concerns warrant, a project may be completed without prior approval of a use and finance statement defined by a policy adopted by JCOS. However, a university or community college shall submit a use and finance statement as soon as possible after the project is completed and the health or safety concerns have abated.

(5) A project that is constructed in violation of this section shall not receive state appropriations for purposes of operating the project or for support for future infrastructure enhancements that are necessitated, in whole or in part, by construction of the project. In addition, a project constructed in violation of this section shall result in the loss of any state capital outlay funding for the institution for 2 years and a prohibition of doing self-funded projects of any kind, except for emergencies where health and safety concerns warrant, for 1 year.

(6) A state agency, including the department of military affairs, shall not enter into a contract, including those for a direct federally-funded capital outlay construction or major maintenance or remodeling project if the total project is estimated to cost more than $1,000,000.00 and is to be constructed on state-owned lands unless the project is approved by the department and JCOS through approval of a use and finance statement defined by a policy adopted by JCOS, unless the project is otherwise appropriated in a capital outlay appropriations bill. For projects not appropriated in a capital outlay appropriations bill that are over $1,000,000.00, the state agency shall submit a use and finance statement defined by a policy adopted by JCOS. As used in this subsection, “direct federally-funded” refers to a project for which federal payments are made directly to the construction vendor and not to the state of Michigan.

(7) A public body corporate created under section 28 of article VII of the state constitution of 1963 and the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by a contractual interlocal agreement between local participating economic development corporations formed under the economic development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636, and the Michigan strategic fund shall not enter into a contract for new construction estimated to cost more than $1,000,000.00 unless the project is authorized by JCOS through the approval of a use and finance statement defined by a policy adopted by JCOS. For purposes of this subsection, the use and finance statement for a project shall contain the estimated total construction cost and all associated estimated operating costs. As used in this subsection, “new construction” means land or property acquisition, remodeling or additions, lease or lease purchase, and maintenance projects for the corporate office of the public body corporate described in this subsection.

(8) By not later than April 1 and October 1, each university shall report to the JCOS chairpersons, the fiscal agencies, and the department all self-funded capital projects commenced for the immediately preceding 6-month period that cost less than $3,000,000.00 but at least $1,000,000.00. Community colleges shall also submit these reports for self-funded capital projects that cost less than $2,000,000.00 but at least $1,000,000.00.

Sec. 662. (1) A university or community college receiving a project approval pursuant to section 661 shall give preference to goods or services, or both, that are manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality.

(2) A university or community college shall be required to submit bid documents and contract change orders to the JCOS as requested.”.

9. Amend Senate Amendment No. 8, page 43, line 2, after “672” by inserting “and inserting:

Department OF CORRECTIONS

Sec. 675. A maximum security prison that is constructed or completed after October 1, 1986 shall have operating staffed watchtowers equipped with the weaponry, lighting, sighting, and communications devices necessary for effective execution of its function. The watchtowers shall be constructed pursuant to standards of the American correctional association.

Sec. 676. An appropriation and authorization contained in this act or a previous act for the construction of a new correctional facility, including a correctional camp, for which a specific site was not identified with the appropriation, shall not be expended until approved by the JCOS. For purposes of this section, “site” means a city, village, township, or county in which a correctional facility may be located.”.

10. Amend Senate Amendment No. 9, page 48, line 2, after “903” by inserting “and inserting:

Sec. 904. A planning project authorization or construction project appropriation in part 1 for the airport program shall be available for no more than 2 fiscal years following the fiscal year that the original appropriation was made. After this period, any remaining balances shall lapse to the fund from which it was appropriated pursuant to provisions of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.”.

11. Amend Senate Amendment No. 10, page 48, line 24, after “1002” by inserting “and inserting:

Sec. 1003. (1) A site preparation economic development fund is hereby created in the department of management and budget. As used in this section, “economic development sites” means those state-owned sites declared as surplus property pursuant to section 251 of the management and budget act, 1984 PA 431, MCL 18.1251, that would provide economic benefit to the area or to the state. The Michigan economic development corporation board and the state budget director shall determine whether or not a specific state-owned site qualifies for inclusion in the fund created under this subsection.

(2) Proceeds from the sale of any sites designated in subsection (1) shall be deposited into the fund created in subsection (1) and shall be available for site preparation expenditures, unless otherwise provided by law. The economic development sites authorized in subsection (1) are hereby authorized for sale consistent with state law. Expenditures from the fund are hereby authorized for site preparation activities that enhance the marketable sale value of the sites. Site preparation activities include, but are not limited to, demolition, environmental studies and abatement, utility enhancement, and site excavation.

(3) A cash advance in an amount of not more than $25,000,000.00 is hereby authorized from the general fund to the site preparation economic development fund.

(4) An annual report shall be transmitted to the senate and house of representatives appropriations committees not later than December 31 of each year. This report shall detail at least both of the following:

(a) The revenue and expenditure activity in the fund for the preceding fiscal year.

(b) The sites identified as economic development sites under subsection (1).”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on concurring in the amendments to the House substitute (H-9) to the Senate substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

The amendments, as amended, were not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 373 Yeas—55

Accavitti Coulouris Johnson Sak

Angerer Cushingberry Jones, Robert Scott

Bauer Dean Lahti Sheltrown

Bennett Donigan LeBlanc Simpson

Bieda Ebli Leland Smith, Alma

Brown Espinoza Lemmons Smith, Virgil

Byrnes Gillard Lindberg Spade

Byrum Gonzales Mayes Tobocman

Cheeks Griffin McDowell Vagnozzi

Clack Hammel Meadows Valentine

Clemente Hammon Meisner Warren

Condino Hood Melton Wojno

Constan Hopgood Miller Young

Corriveau Jackson Polidori

Nays—43

Acciavatti Garfield Meltzer Proos

Agema Hansen Moolenaar Robertson

Ball Hildenbrand Moore Rocca

Booher Hoogendyk Moss Shaffer

Brandenburg Horn Nitz Sheen

Calley Hune Opsommer Stahl

Casperson Jones, Rick Palmer Stakoe

Caswell Knollenberg Palsrok Steil

DeRoche LaJoy Pastor Walker

Elsenheimer Law, David Pavlov Wenke

Gaffney Marleau Pearce

In The Chair: Sak

______

Rep. Rocca, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

Unfortunately, once again, a substitute version of the legislation was provided to members of the House of Representatives literally after the voting board was opened to take a record roll call vote for final passage, giving the members of this body inadequate time to review the content of this spending bill. While I may, in fact, support many of the items contained in this budget, I find it difficult to agree to spend hundreds of millions of the taxpayers’ dollars without first being allowed to review how that money will be spent.”

Rep. Tobocman moved to reconsider the vote by which the House did not concur in the Senate amendments.

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

The question being on concurring in the amendments to the House substitute (H-9) to the Senate substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

Rep. Tobocman moved that consideration of the bill be postponed for the day.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Tobocman moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 5650.

(For first notice see House Journal No. 42, p. 988.)

The question being on the motion made by Rep. Tobocman,

Rep. Tobocman moved that consideration of the motion be postponed for the day.

The motion prevailed.

______

Rep. Tobocman moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

Rep. Mayes offered the following resolution:

House Resolution No. 350.

A resolution to urge the Michigan Department of Agriculture and the Michigan Department of Environmental Quality to take whatever steps are necessary to help facilitate the expansion of the commercial cranberry industry in Michigan.

Whereas, Cranberries are one of the few fruits that are native to Michigan and have grown in the marshes and wetlands of our state since long before the land that is now Michigan became inhabited by native people; and

Whereas, Native Americans used a compressed mixture of cranberries and dried meat as a food staple known as pemmican, and early English settlers packed great numbers of cranberries in barrels to be used in the prevention of scurvy while at sea; and

Whereas, Wild cranberries can be found in almost every section of Michigan, from the shores of Lake Superior at Whitefish Point, to the peat bogs in the Thumb, to the blueberry producing farmland in the southwestern counties; and

Whereas, The first commercial sales of cranberries began in the late 1800s when Mr. J. Hunziger of Niles began harvesting the wild cranberries that grew along the banks of the St. Joseph River flowing through the family owned nursery. The cranberries were loaded on small sailing ships and sold in Chicago; and

Whereas, Around the turn of the twentieth century, the House family began construction of actual cranberry beds in the Whitefish Point area in the Upper Peninsula. Sailors by trade, the Houses borrowed the design of the beds from cranberry farms they had seen while living in Massachusetts; and

Whereas, Commercial harvesting of cranberries in Michigan began to decline during World War I and virtually disappeared as a result of the Great Depression. The industry survived in Wisconsin and Massachusetts, currently the leading producers of cranberries in the country; and

Whereas, Today, the largest commercial producer of cranberries, Ocean Spray Incorporated, is short over 5,000 production acres, and has indicated that Michigan would be a possible location for expansion; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Department of Agriculture and the Michigan Department of Environmental Quality to take whatever steps are necessary to help facilitate the expansion of the commercial cranberry industry in Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor, the Commission of Agriculture, and the directors of the Michigan Department of Agriculture and the Michigan Department of Environmental Quality.

The resolution was referred to the Committee on Agriculture.

Reps. Sak, Accavitti, Ball, Bieda, Brandenburg, Brown, Cheeks, Clack, Condino, Constan, Cushingberry, Dean, Gonzales, Green, Hammel, Hammon, Hopgood, Johnson, Lahti, LeBlanc, Lemmons, Marleau, Mayes, McDowell, Pastor, Pearce, Polidori, Proos, Rocca, Sheltrown, Simpson, Spade, Tobocman, Vagnozzi, Valentine, Wojno and Bauer offered the following resolution:

House Resolution No. 351.

A resolution recognizing May 7, 2008, as ACES with Friends at the Capitol Day 2008.

Whereas, The President’s Council on Physical Fitness and Sports has designated the month of May 2008 National Physical Fitness and Sports Month; and

Whereas, National Physical Fitness and Sports Month is our country’s observance of fitness and sports throughout the nation. Many agencies have initiated programs designed to improve our quality of life; and

Whereas, ACES stands for All Children Exercising Simultaneously and encourages schools to invite parents and others to join the fun; and

Whereas, ACES with Friends was founded in 1989. All 50 states and more than 50 countries are active participants in the program; and

Whereas, ACES with Friends is endorsed by the President’s Council on Physical Fitness and Sports and the Michigan Governor’s Council on Physical Fitness and Sports; and

Whereas, In 2002, the state of Michigan set the record for the most participants in an individual state; and

Whereas, Regular physical activity can have a significant impact on lifelong health and ACES with Friends encourages students to be more physically active; and

Whereas, On Wednesday, May 7, 2008, students and adults from across Michigan will be participating in ACES with Friends at the State Capitol; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby recognize May 7, 2008, as ACES with Friends at the Capitol Day 2008.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Sak, Accavitti, Ball, Bieda, Booher, Brandenburg, Brown, Cheeks, Clack, Condino, Constan, Cushingberry, Dean, Garfield, Gonzales, Green, Hammel, Hammon, Hopgood, Johnson, Lahti, LeBlanc, Lemmons, Marleau, Mayes, McDowell, Palsrok, Pastor, Pearce, Polidori, Proos, Rocca, Shaffer, Sheltrown, Simpson, Spade, Tobocman, Vagnozzi, Valentine, Wojno, Bauer, LaJoy, Leland, Moolenaar and Palmer offered the following resolution:

House Resolution No. 352.

A resolution recognizing May 2008 as National Physical Fitness and Sports Month in the state of Michigan.

Whereas, The President’s Council on Physical Fitness and Sports has designated the month of May 2008 as National Physical Fitness and Sports Month and created the Presidential Fitness Partners in May; and

Whereas, National Physical Fitness and Sports Month is our country’s observance of fitness and sports; and

Whereas, Many agencies have initiated programs designed to improve our quality of life; and

Whereas, As partners, we can better help one another to communicate the common message of improved health through physical activity more effectively; and

Whereas, National Physical Fitness and Sports Month is a time when we can do something special to direct deserved national attention to the benefits of physical activity; and

Whereas, “National Physical Fitness and Sports Month” is a national celebration of healthy lifestyles through physical activity; and

Whereas, The Michigan House of Representatives is committed to making Michigan’s children, and America’s children, healthy and physically fit; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby recognize May 2008 Physical Fitness and Sports Month in the state of Michigan.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Polidori, Accavitti, Ball, Bieda, Booher, Brandenburg, Brown, Casperson, Caul, Cheeks, Clack, Condino, Constan, Cushingberry, Dean, Gonzales, Green, Hammel, Hammon, Hildenbrand, Hopgood, Johnson, Rick Jones, Lahti, LeBlanc, Lemmons, Marleau, Mayes, McDowell, Nitz, Palsrok, Pastor, Pearce, Proos, Rocca, Sak, Shaffer, Sheltrown, Simpson, Tobocman, Vagnozzi, Valentine, Wojno, Bauer, Calley, Hansen, LaJoy, Leland, Meadows, Moolenaar, Palmer, Schuitmaker and Stahl offered the following resolution:

House Resolution No. 353.

A resolution recognizing May 2008 as Relay For Life Month in the state of Michigan.

Whereas, More than 51,000 Michigan residents are likely to be diagnosed with cancer in 2008, and more than 20,000 Michigan residents are expected to die from cancer this year. One in three Americans will be diagnosed with cancer in their lifetimes; and

Whereas, The American Cancer Society is the nationwide community-based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives and diminishing suffering from cancer through research, education, advocacy and service; and

Whereas, Relay For Life, sponsored by the American Cancer Society, will celebrate and honor Michigan residents and their families who have been touched by cancer; and

Whereas, Relay For Life began in 1985 when Dr. Gordon Klatt, a Tacoma, Washington surgeon and American Cancer Society volunteer, ran and walked on a local track for 24 hours; and

Whereas, This signature event of the American Cancer Society has raised more than $2.5 billion since 1985; and

Whereas, Held throughout the state of Michigan, Relay For Life is a community affair that presents an opportunity for residents to join with family and friends to fight cancer; and

Whereas, This year, scores of Relay For Life events will take place throughout the state of Michigan, with thousands of Michiganders running and walking in teams for 24 consecutive hours, which will raise both money and public awareness; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize and celebrate May 2008 as Relay For Life Month in the state of Michigan; and be it further,

Resolved, That we thank the participants and organizers of Relay For Life and encourage them to continue their efforts to combat cancer.

Pending the reference of the resolution to a committee,

Rep. Tobocman moved that Rule 71 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, May 7:

House Bill Nos. 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057

6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068

Senate Bill Nos. 1284 1285 1286 1299

The Clerk announced that the following Senate bill had been received on Wednesday, May 7:

Senate Bill No. 1211

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 5938, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 429 (MCL 208.1429).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Robert Jones, Mayes, Melton, Sheltrown, Warren, Meltzer, Sheen and Pastor

Nays: None

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 5939, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2007 PA 216.

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

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen and Pastor

Nays: None

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 5940, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 503 (MCL 208.1503).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen and Pastor

Nays: None

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 5941, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 117 (MCL 208.1117).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen and Pastor

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, May 7, 2008

Present: Reps. Bieda, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen and Pastor

Absent: Reps. Condino, Farrah, Steil, Palmer, Wenke and Calley

Excused: Reps. Condino, Farrah, Steil, Palmer, Wenke and Calley

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

Senate Bill No. 515, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 438 (MCL 206.438), as added by 2004 PA 364.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn

Nays: None

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported

Senate Bill No. 749, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 3185 and 3285.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Wednesday, May 7, 2008

Present: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Wednesday, May 7, 2008

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Elsenheimer, Stakoe, Rick Jones and Rocca

Absent: Rep. David Law

Excused: Rep. David Law

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:

Meeting held on: Wednesday, May 7, 2008

Present: Reps. Warren, Donigan, Ebli, Griffin, Leland, Meadows, Miller, Valentine, Robertson, Palmer, Emmons, Moolenaar and Walker

Absent: Reps. Kathleen Law and Meekhof

Excused: Reps. Kathleen Law and Meekhof

Messages from the Senate

House Bill No. 5085, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82101, 82105, and 82114 (MCL 324.82101, 324.82105, and 324.82114), section 82101 as amended by 2005 PA 175, section 82105 as amended by 2005 PA 271, and section 82114 as added by 1995 PA 58, and by adding sections 82105a, 82105b, and 82116a.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5585, entitled

A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” by amending sections 10, 11, 12, 13, 15, 16, 17, 70, 90, 110, 110a, 111, 113, 114, 115, 116, 119, 125, 130, 131, 136, 137, 139, 140, 141, 142, 143, 152, and 159 (MCL 288.570, 288.571, 288.572, 288.573, 288.575, 288.576, 288.577, 288.630, 288.650, 288.670, 288.670a, 288.671, 288.673, 288.674, 288.675, 288.676, 288.679, 288.685, 288.690, 288.691, 288.696, 288.697, 288.699, 288.700, 288.701, 288.702, 288.703, 288.712, and 288.719), section 110a as added by 2004 PA 282.

The Senate has substituted (S-1) the bill.

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

A bill to amend 2001 PA 267, entitled “An act to define and regulate milk, cream, frozen desserts, and related foods and by-products of those foods under certain circumstances; to prescribe certain powers and duties of certain state agencies and officers; to prohibit the sale of unclean and unsanitary milk and manufactured dairy products and their use in the manufacture of food products; to prohibit unclean and unsanitary conditions of milk and milk processing establishments; to establish production and handling standards of sanitary milk and dairy products for manufacturing and manufactured dairy products; to regulate the sale and transportation of milk and dairy products for manufacturing purposes; to issue licenses and permits to certain persons and provide for the revocation or suspension of licenses and permits under certain circumstances; to impose certain fees; to require certain security devices under certain circumstances; to establish inspection requirements; to promulgate rules; to set certain standards for milk and dairy products, processing, and pasteurization; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, 15, 16, 17, 70, 90, 110, 110a, 111, 113, 114, 115, 116, 119, 125, 130, 131, 136, 137, 139, 140, 142, 143, 152, and 159 (MCL 288.570, 288.571, 288.572, 288.573, 288.575, 288.576, 288.577, 288.630, 288.650, 288.670, 288.670a, 288.671, 288.673, 288.674, 288.675, 288.676, 288.679, 288.685, 288.690, 288.691, 288.696, 288.697, 288.699, 288.700, 288.702, 288.703, 288.712, and 288.719), section 110a as added by 2004 PA 282.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 1211, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312e (MCL 257.312e), as amended by 2006 PA 298.

The Senate has passed the bill.

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

Announcements by the Clerk

May 6, 2008

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of State Universities’ Reporting of Selected Higher Educational Institutional Data Inventory (HEIDI) Data for fiscal year 2005-06.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Introduction of Bills

Reps. Rick Jones, Nofs, Condino, Stakoe, David Law, Elsenheimer, Schuitmaker, Calley, LaJoy, Stahl and Meadows introduced

House Bill No. 6069, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1817.

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

Rep. Mayes introduced

House Bill No. 6070, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 401b (MCL 484.1401b), as added by 2007 PA 164, and by adding sections 401f and 401g.

The bill was read a first time by its title and referred to the Committee on Energy and Technology.

Reps. Miller, Kathleen Law, Amos, Meisner, Simpson, Leland, Robert Jones, Vagnozzi, Jackson, Young, Byrnes, Rick Jones, Green, Polidori, Gonzales, Garfield, Wenke, Meadows, Alma Smith and Clack introduced

House Bill No. 6071, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 755, 780, 784, and 786 (MCL 330.1755, 330.1780, 330.1784, and 330.1786), as added by 1995 PA 290.