sj05091t.039

No. 39

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Wednesday, May 9, 2001.

10:00 a.m.

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

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

Bennett--present Gougeon--present Peters--present

Bullard--present Hammerstrom--present Schuette--excused

Byrum--present Hart--present Schwarz--present

Cherry--present Hoffman--present Scott--present

DeBeaussaert--present Jaye--present Shugars--present

DeGrow--present Johnson--present Sikkema--present

Dingell--present Koivisto--present Smith--present

Dunaskiss--excused Leland--present Steil--present

Emerson--present McCotter--excused Stille--present

Emmons--present McManus--present Van Regenmorter--present

Garcia--present Miller--present Vaughn--excused

Gast--present Murphy--present Young--present

Goschka--present North--present

Senator Joe Young, Jr., of the 1st District offered the following invocation:

As humans, we tend to forget You during good times. However, in times of need we beg of You. Give us the wisdom to know the truth because the truth lies in You. We ask this in Your name, Jesus Christ, our God. Amen.

Motions and Communications

Senator Emmons moved that Senators Garcia, Schwarz and Van Regenmorter be temporarily excused from today's session.

The motion prevailed.

Senator Emmons moved that Senators McCotter and Dunaskiss be excused from today's session.

The motion prevailed.

Senator Emerson moved that Senator Miller be temporarily excused from today's session.

The motion prevailed.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

April 23, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:15 p.m. this date, administrative rule (01-04-06) for the Department of Education, entitled "Identification of Students Eligible for Bilingual Education Funds," effective 7 days hereafter.

April 23, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:20 p.m. this date, administrative rule (01-04-07) for the Department of Consumer and Industry Services, Director's Office, entitled "Air Contaminants," effective 15 days hereafter.

May 1, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:45 p.m. this date, administrative rule (01-05-01) for the Department of Consumer and Industry Services, Bureau of Worker's Disability Compensation, entitled "Worker's Compensation Health Care Services Rules," effective 7 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Department of Community Health

May 2, 2001

When a state mental health agency is to be closed, Section 19(6) of Act 240 of the Public Acts of 1943, being section 38.19 of the Michigan Compiled Laws, requires that the director of the Michigan Department of Community Health certify in writing to the Legislature and the Retirement Board, not less than 240 days prior to the closure, which agency is to be closed.

In fulfillment of this requirement, I am officially providing notification that the Southgate Center, located at 16700 Pennsylvania Road, Southgate, Michigan 48195 will close effective January 5, 2002. The Southgate Center provides inpatient habilitation services for persons with developmental disabilities and is certified as a Health Care Financing Administration (HCFA) provider, under the Intermediate Care Facility for the Mentally Retarded (ICF/MR) program.

Section 605(3) of Act 296 of 2000 requires the Department of Community Health to provide a closure plan to the House and Senate Appropriations Subcommittees on Community Health. This plan is due four months subsequent to the certification made in this letter.

As a result of this closure, persons with developmental disabilities, who require state delivered inpatient services, can be provided for at the Mt. Pleasant Center.

Cordially,

James K. Haveman, Jr.

The communication was referred to the Secretary for record.

The Secretary submitted, pursuant to Senate Rule 1.208, the following report on out-of-state travel by Members on Legislative business for the quarter ending March 31, 2001:

Senator Dianne Byrum March 8-10 Attend NCSL - Education $ 500.82

Commission for State Early

Early Childhood Learning

Conference

Chicago, IL

Senator Joanne Emmons January 12-14 Attend NCSL Task Force Meeting $ 230.00

on State and Local Taxation

Nashville, TN

January 26-28 Attend NCSL Task Force Meeting $ 649.48

Savannah, GA

February 28-March 2 Attend NCSL - Leader to Leader $ 551.34

Conference

Washington, DC

Senator John Schwarz February 28-March 2 Attend NCSL - Leader to Leader $ 312.70

Conference

Washington, DC

Senator Dale Shugars March 29-31 Attend Harvard Conference on $ 975.57

Spirituality and Healing in

Medicine

Clearwater, FL

Senator Alma Smith March 1-3 Attend NCSL - Leader to Leader $ 1,200.77

Conference

Washington, DC

Senator Glenn Steil February 15-18 Visit Tampa Airport for tour and $ 540.58

Study - Detroit Metro Airport

Project

Tampa, FL

Senator Leon Stille January 25-28 Attend NCSL - Legislators from $ 1,030.64

Gaming States Winter Meeting

and Seminar

San Antonio, TX

February 16-18 Attend NCSL - Education Finance $ 929.18

Seminar

Savannah, GA

Senator Joe Young March 9-12 American Society for Public $ 734.62

Administration Conference

Newark, NJ

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 8:

House Bill Nos. 4540 4547

The Secretary announced the printing and placement in the members' files on Monday, May 7, of:

Senate Bill Nos. 440 451 452 453 454 455 456 457 458 459 460

Messages from the Governor

The following messages from the Governor were received and read:

May 8, 2001

There is herewith presented for consideration and confirmation by the Senate, the following appointment to office:

Eastern Michigan University Board of Regents

Mr. Steven G. Gordon, 1701 Heron Ridge Drive, Bloomfield Hills, Michigan 48304, county of Oakland, as a member representing the general public, succeeding Ms. Donna R. Milhouse of Detroit, who has resigned, for a term expiring on December 31, 2006.

May 8, 2001

There is herewith presented for consideration and confirmation by the Senate, the following appointment to office:

Michigan Public School Employees' Retirement Board

Ms. Susan Beth Bolton, 5532 Timothy Lane, Bath, Michigan 48808, county of Clinton, as a member representing superintendents, succeeding Mr. John L. Cook of DeWitt, whose term has expired, for a term expiring on March 30, 2005.

May 8, 2001

There are herewith presented for consideration and confirmation by the Senate, the following appointments to office:

Western Michigan University Board of Trustees

Ms. Vernice Davis Anthony, 196 Keelson, Detroit, Michigan 48215, county of Wayne, as a member representing the general public, succeeding Mr. William W. Carmody of Munising, who has resigned, for a term expiring on December 31, 2004.

Mr. Peter L. Aseritis, 8215 Drake Lane, Williamsburg, Michigan 49690, county of Grand Traverse, as a member representing the general public, succeeding Ms. Lori Belden Bobbitt-Waddles of Oak Park, whose term has expired, for a term expiring on December 31, 2006.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

Senator Garcia entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senate Concurrent Resolution No. 11.

A concurrent resolution to establish a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property.

(For text of resolution, see Senate Journal No. 27, p. 296.)

The House of Representatives has substituted (H-1) the concurrent resolution as follows:

A concurrent resolution to establish a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property.

Whereas, In recent years, the facilities and lands of the Michigan State Fairgrounds have been the focus of public attention. There have been numerous proposals for the facilities and for development of the grounds and nearby property; and

Whereas, These proposals have included discussions of a cultural and economic center, an industrial park, horse and auto racing facilities, and other development ideas. Some proposals have centered around the Michigan State Fair; and

Whereas, A 36-acre parcel of land adjacent to the Michigan State Fairgrounds has generated considerable interest and speculation of late. This parcel was purchased by the state through a Department of Natural Resources trust fund, and was sold to a private entrepreneur for approximately $6.1 million less than one year ago. Within several months, this party agreed to sell it to a developer for $10.5 million. The latest reports indicate that the Detroit Public Schools may buy the property for $17 million as part of a deal that may include selling part of the acreage to a major retailer; and

Whereas, With the whirl of activities and uncertainties surrounding the sale of this property, the public resources and money that may be involved, and long-term ramifications for the Michigan State Fair, it is imperative that this situation be monitored and evaluated; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That there be created a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property. The special joint committee shall consist of three members of the House of Representatives appointed in the same manner as standing committees are appointed and three members from the Senate appointed in the same manner as standing committees are appointed. Responsibilities for chairing the meetings of the special joint committee will alternate between the chair from the House and the chair from the Senate. The special joint committee will report its findings and any recommendations by June 30, 2001.

The House of Representatives has adopted the concurrent resolution as substituted (H-1).

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

Senators Miller and Schwarz entered the Senate Chamber.

Senator Gast offered the following concurrent resolution:

Senate Concurrent Resolution No. 17.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University Library Addition and Renovation Project Phase II (Center for Student Services).

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Control of Ferris State University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, 1996 PA 480 originally established the Educational Institution's Library Addition and Renovation project at a total authorized project cost of $50,000,000 (the Authority share being $37,499,900, the State General Fund/General Purpose share being $100, and the Educational Institution share being $12,500,000). In 1999, House Concurrent Resolution No. 67 was adopted to approve Phase I relating to the construction of the new library with a total facility cost of $39,500,000 (the Authority's share being $29,624,900, the State General Fund/General Purpose share being $100, and the Educational Institution's share being $9,875,000); and

Whereas, The second component of the project, known as the Library Addition and Renovation Project Phase II (Center for Student Services) (the "Facility"), involves the renovation of the existing library, with a project cost not to exceed $10,500,000, of which the Authority share is $7,875,000, the University share is $2,625,000, and the State General Fund/General Purpose share is $0; and

Whereas, The site for the Facility is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Ferris State University Library Addition and Renovation Project Phase II (Center for Student Services) shall not exceed $10,500,000 (the Authority share is $7,875,000, the State General Fund/General Purpose share is $0, and the Educational Institution share is $2,625,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $7,875,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $665,000 and $831,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Control of Ferris State University, and the State Budget Director.

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

Senator Emmons moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Emmons moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Young was named co-sponsor of the concurrent resolution.

Senator Gast offered the following concurrent resolution:

Senate Concurrent Resolution No. 18.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan-Ann Arbor Central Campus Renovation Phase II-Perry Building.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Regents of the University of Michigan (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the University of Michigan-Ann Arbor Central Campus Renovation Phase II-Perry Building (the "Facility") is currently owned by the Educational Institution; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the University of Michigan-Ann Arbor Central Campus Renovation Phase II-Perry Building shall not exceed $12,000,000 (the Authority share is $8,999,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $3,000,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $8,999,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $760,000 and $949,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Regents of the University of Michigan, and the State Budget Director.

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

Senator Emmons moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Emmons moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Young was named co-sponsor of the concurrent resolution.

Senator Gast offered the following concurrent resolution:

Senate Concurrent Resolution No. 19.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of State Police Two-way Radio System and Microwave Backbone System Phase IV-A.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Attorney General, the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing facilities and equipment to be used by the State pursuant to the lease for the Facilities is a recognized public purpose; and

Whereas, 1995 PA 128 appropriates $187,276,000 (State Building Authority share $184,426,000 and State General Fund/General Purpose $2,850,000) to complete plans and construct the Department of State Police public safety communications system; and

Whereas, The public safety communications system known as the Department of State Police Two-way Radio System and Microwave Backbone System is to be constructed in four phases; and

Whereas, By Senate Concurrent Resolution No. 288, adopted by the Senate and the House of Representatives on December 3 and 11, 1996, respectively, the Michigan Legislature approved a conveyance of property and a lease for Phase I of the Department of State Police Two-way Radio System and Microwave Backbone System at a total cost not to exceed $35,211,085, plus interest charges on monies advanced by the State, of which not more than $34,890,000, plus interest charges on monies advanced by the State, shall be financed from bonds issued by the Authority; and

Whereas, By Senate Concurrent Resolution No. 100, adopted by the Senate and the House of Representatives on December 2 and 8, 1998, respectively, the Michigan Legislature approved the conveyance of property and a lease for Phase II of the Department of State Police Two-way Radio System and Microwave Backbone System at a total cost not to exceed $42,660,808, plus interest charges on monies advanced by the State, of which not more than $42,660,808, plus interest charges on monies advanced by the State, shall be financed from bonds issued by the Authority; and

Whereas, By House Concurrent Resolution No. 80, adopted by the House of Representatives and the Senate on February 29 and March 7, 2000, respectively, the Michigan Legislature approved the conveyance of property and a lease for Phase III of the Department of State Police Two-way Radio System and Microwave Backbone System at a total cost not to exceed $58,964,403, plus interest charges on monies advanced by the State, of which not more than $58,964,403, plus interest charges on monies advanced by the State, shall be financed from bonds issued by the Authority; and

Whereas, The sites for Phase IV-A of the Department of State Police Two-way Radio System and Microwave Backbone System are located in Kent, Muskegon, Marquette, Dickinson, Alger, Luce, Chippewa, Mackinac, Schoolcraft, Delta, and Menominee Counties. The site and related equipment together (the "Facilities") are currently owned by the State; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facilities by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Department of State Police Two-way Radio System and Microwave Backbone System Phase IV-A consisting of the Facilities shall not exceed $36,336,575, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facilities, if any, of which not more than $36,336,575, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facilities, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facilities and leasing them to the State and determines that the leasing of the Facilities from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facilities shall be within or below the range of $4,115,000 and $4,490,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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

Senator Emmons moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Emmons moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Young was named co-sponsor of the concurrent resolution.

Senator Gast offered the following concurrent resolution:

Senate Concurrent Resolution No. 20.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan-Ann Arbor-Dana Building-School of Natural Resources and Environment project.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL§ 830.415, requires the approval of the Regents of the University of Michigan (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the University of Michigan-Ann Arbor-Dana Building-School of Natural Resources and Environment project (the "Facility") is currently owned by the Educational Institution; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the University of Michigan-Ann Arbor-Dana Building-School of Natural Resources and Environment project shall not exceed $17,700,000 (the Authority share is $11,249,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $6,450,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $11,249,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $949,000 and $1,187,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

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

Senator Emmons moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Emmons moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Young was named co-sponsor of the concurrent resolution.

Senator Gast offered the following concurrent resolution:

Senate Concurrent Resolution No. 21.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Cooper Street Correctional Facility Additional Housing Units Numbers 1, 2, and 3.

Whereas, 1998 PA 273 originally established the Department of Corrections Cooper Street Correctional Facility Additional Housing Units Project (the "Unit Numbers 1 and 2 Project"). With respect to Units Numbers 1 and 2, the Total Facility Cost was modified by 1999 PA 265 and increased by 2000 PA 291 to $8,200,000, of which the State Building Authority (the "Authority") share is $5,000,000, the State General Fund/General Purpose share is $120,000 and the Federal Restricted Funds share is $3,080,000; and

Whereas, 1999 PA 265 added a third unit to the Department of Corrections Cooper Street Correctional Facility Additional Housing Units project ("Unit Number 3 Project"). The total Unit Number 3 Project cost is $4,287,000, of which the Authority's share is $4,287,000, the State General Fund/General Purpose is $0, and the Federal Restricted Funds share is $0; and

Whereas, The Authority wishes to combine the Unit Numbers 1 and 2 Project with the Unit Number 3 Project into one lease, the Total Facility Cost of which is $12,487,000, of which the Authority's share is $9,287,000, the State General Fund/General Purpose share is $120,000, and the Federal Restricted Funds share is $3,080,000; and

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State) may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site of the Cooper Street Correctional Facility Additional Housing Units Numbers 1, 2, and 3 (the "Facility") is located in Jackson County and is currently owned by the State; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Department of Corrections Cooper Street Correctional Facility Additional Housing Units Numbers 1, 2, and 3 Project shall not exceed $12,487,000 (the Authority share is $9,287,000, the State General Fund/General Purpose share is $120,000, and the Federal Restricted Funds share is $3,080,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $9,287,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $762,000 and $952,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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

Senator Emmons moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Emmons moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Young was named co-sponsor of the concurrent resolution.

Senator Van Regenmorter entered the Senate Chamber.

Senator Peters offered the following resolution:

Senate Resolution No. 57.

A resolution to urge the Governor to direct the Superintendent of Public Instruction and the State Budget Director to make payments to public school districts to provide for summer school programs under the State School Aid Act of 1979 and the Revised School Code.

Whereas, Section 1282a of 1976 PA 451, the Revised School Code, being MCL § 380.1282a, requires school districts to provide programs of instruction for students with the need for extra work, especially in the areas of literacy and mathematics. Section 32g of 1979 PA 94, being MCL § 388.1632g, provides for the allocation of funds to public school districts to fund summer school instruction. For each of the fiscal years of 2000-2001 and 2001-2002, $38 million is to be distributed to districts offering these programs; and

Whereas, Michigan's Budget Director has indicated that the program providing funds for summer school will be abandoned as part of the administration's strategy to deal with budget revenue shortfalls; and

Whereas, School districts offering summer school programs to address academic needs of low- achieving students at the first through fourth-grade levels are already arranging the programs. These districts are expecting the majority of the funding for this work with school aid payments of May 20th; and

Whereas, More than 209,000 Michigan students are expected to work through the summer school initiative to raise their skills to meet state standards. It is short-sighted, unfair, and counterproductive for the state to reverse its policies and shirk its moral and statutory responsibilities; now, therefore, be it

Resolved by the Senate, That we urge the Governor to direct the Superintendent of Public Instruction and the State Budget Director to make payments to public school districts to provide for summer school programs under the State School Aid Act of 1979 and the Revised School Code; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the Superintendent of Public Instruction, and the State Budget Director.

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

Senator Emmons moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Emmons moved that the resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senators Young and Goschka were named co-sponsors of the resolution.

House Concurrent Resolution No. 26.

A concurrent resolution to establish a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property.

The House of Representatives has adopted the concurrent resolution.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senator Young was named co-sponsor of the concurrent resolution.

By unanimous consent the Senate returned to the order of

General Orders

Senator Emmons 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 Posthumus, designated Senator Dingell as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

House Bill No. 4187, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 68a.

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