No. 82

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Wednesday, September 30, 2009.

8:00 a.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.

Agema—present Durhal—present Lahti—present Proos—present

Amash—present Ebli—present LeBlanc—present Roberts—present

Angerer—present Elsenheimer—present Leland—present Rocca—present

Ball—present Espinoza—present Lemmons—present Rogers—present

Barnett—present Geiss—present Lindberg—present Schmidt, R.—present

Bauer—present Genetski—present Lipton—present Schmidt, W.—present

Bennett—excused Gonzales—present Liss—present Schuitmaker—present

Bledsoe—present Green—present Lori—present Scott, B.—present

Bolger—present Gregory—present Lund—present Scott, P.—present

Booher—present Griffin—present Marleau—present Scripps—present

Brown, L.—present Haase—present Mayes—present Segal—present

Brown, T.—present Haines—present McDowell—present Sheltrown—present

Byrnes—present Hammel—present McMillin—present Simpson—present

Byrum—present Hansen—present Meadows—present Slavens—present

Calley—present Haugh—present Meekhof—present Slezak—present

Caul—present Haveman—present Melton—present Smith—present

Clemente—present Hildenbrand—present Meltzer—present Spade—present

Constan—present Horn—present Miller—present Stamas—present

Corriveau—present Huckleberry—present Moore—present Stanley—present

Coulouris—present Jackson—e/d/s Moss—present Switalski—present

Crawford—present Johnson—e/d/s Nathan—present Tlaib—present

Cushingberry—present Jones, Rick—present Nerat—excused Tyler—present

Daley—present Jones, Robert—present Neumann—present Valentine—present

Dean—present Kandrevas—present Opsommer—present Walsh—present

Denby—present Kennedy—present Pavlov—present Warren—present

DeShazor—present Knollenberg—present Pearce—present Womack—present

Dillon—present Kowall—present Polidori—present Young—present

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Woodrow Stanley, from the 34th District, offered the following invocation:

“Gracious and heavenly Father, maker and sustainer of life. We thank You for Your generous blessings, for our families, our communities, our state. We thank You, Father, for the opportunity to be invested with this awesome and sacred trust of elected service to represent the interest of Your people. Father, You have told us in Your word that if we ask, it shall be given, if we seek, we shall find, and if we knock, doors shall be opened to us.

Father we now knock at Your door of wisdom. We ask, O God, that You endow each member of this chamber with the discernment and wisdom to discharge our responsibilities in a manner that is pleasing to You. Even as we face unprecedented and daunting challenges, we ask, O God, that You bless this legislature with a renewed sense of cooperation and common purpose. Strengthen our faith and we will be forever mindful to give You the honor and praise. It is in Your magnificent name that we pray, Amen.”

______

Rep. Angerer moved that Reps. Bennett and Nerat be excused from today’s session.

The motion prevailed.

______

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

The motion prevailed.

Motions and Resolutions

Rep. Angerer moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 831.

(For first notice see House Journal No. 81, p. 1920.)

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

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

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

Second Reading of Bills

Senate Bill No. 831, entitled

A bill to make interim general appropriations for various state departments and agencies, capital outlay, the legislative branch, the judicial branch, and certain other purposes for the period of October 1, 2009 to October 31, 2009; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by various state departments and agencies; to provide for the appointment of special committees; and to declare the effect of this act.

The bill was read a second time.

Rep. Byrum moved to substitute (H-2) the bill.

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 831, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 470 Yeas—88

Agema Dillon Kowall Proos

Amash Donigan Kurtz Roberts

Angerer Durhal Lahti Rocca

Barnett Ebli LeBlanc Rogers

Bauer Elsenheimer Leland Schmidt, R.

Bledsoe Espinoza Lemmons Schmidt, W.

Bolger Geiss Lindberg Scripps

Booher Gonzales Liss Segal

Brown, T. Green Lori Sheltrown

Byrnes Gregory Lund Simpson

Byrum Griffin Mayes Slavens

Caul Haase McDowell Slezak

Clemente Haines McMillin Smith

Constan Hammel Meadows Spade

Corriveau Hansen Meekhof Stamas

Coulouris Haugh Melton Stanley

Crawford Hildenbrand Moore Switalski

Cushingberry Horn Moss Tlaib

Daley Huckleberry Neumann Tyler

Dean Kandrevas Pavlov Valentine

Denby Kennedy Pearce Walsh

DeShazor Knollenberg Polidori Womack

Nays—18

Ball Jones, Rick Miller Scott, B.

Brown, L. Jones, Robert Nathan Scott, P.

Calley Lipton Opsommer Warren

Genetski Marleau Schuitmaker Young

Haveman Meltzer

In The Chair: Byrnes

The House agreed to the title of the bill.

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

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

______

Rep. Miller, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This continuation budget further delays the tough decisions that need to be made. While I understand that contingency plans must be in place to arrange for the shutdown of government, an unfortunate but possible outcome on this the last day of the fiscal year, I believe this is the easy way out. It is said that in every crisis you must strive to find the opportunity and we must use this crisis to the best extent possible. That includes fixing the structural problem with a moderate approach combining a mixture of cuts, revenues, and reforms. This continuation budget represents an attempt to keep the pressure off, the very pressure I believe is necessary to achieve real solutions. That’s why I have to vote NO, even if only in protest.”

______

Reps. Jackson and Johnson entered the House Chambers.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved that there be a Call of the House.

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

Proceedings Under the Call

The roll of the House was called by the Clerk and Reps. Bennett and Nerat were reported absent.

______

Rep. Angerer moved that the Sergeant at Arms be dispatched after the absentees.

The motion prevailed.

______

Rep. Angerer moved that the House proceed with the business under the Call.

The motion prevailed.

Second Reading of Bills

House Bill No. 5403, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Cushingberry moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. McDowell moved to amend the bill as follows:

1. Amend page 2, following line 24, by inserting:

“(2) HEALTH POLICY, REGULATION, AND PROFESSIONS

Primary care services................................................................................................................... 2,025,000

GROSS APPROPRIATION.......................................................................................................... $ 2,025,000

Appropriated from:

Federal revenues:

Total other federal revenues......................................................................................................... 1,279,600

State general fund/general purpose.............................................................................................. $ 745,400”

and renumbering the remaining subsection.

2. Amend page 3, following line 13, by inserting:

“Total other state restricted revenues...................................................................................... 745,400”.

3. Amend page 3, line 14, by striking out “0” and inserting “(745,400)” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Cushingberry moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5403, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 471 Yeas—66

Angerer Ebli Leland Scott, B.

Barnett Espinoza Lemmons Scripps

Bauer Geiss Lindberg Segal

Bledsoe Gonzales Lipton Sheltrown

Brown, L. Gregory Liss Simpson

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Miller Stanley

Corriveau Jackson Nathan Switalski

Coulouris Johnson Neumann Tlaib

Cushingberry Jones, Robert Polidori Valentine

Dean Kandrevas Roberts Warren

Dillon Kennedy Rocca Womack

Donigan Lahti Schmidt, R. Young

Durhal LeBlanc

Nays—42

Agema Elsenheimer Kurtz Pavlov

Amash Genetski Lori Pearce

Ball Green Lund Proos

Bolger Haines Marleau Rogers

Booher Hansen McMillin Schmidt, W.

Calley Haveman Meekhof Schuitmaker

Caul Hildenbrand Meltzer Scott, P.

Crawford Horn Moore Stamas

Daley Jones, Rick Moss Tyler

Denby Knollenberg Opsommer Walsh

DeShazor Kowall

In The Chair: Byrnes

The question being on agreeing to the title of the bill,

Rep. Angerer moved to amend the title to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Schuitmaker, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

No Vote Explanation

HB 5403 (Promise Grants)

This bill violates the bipartisan, signed agreement between the Democrat Speaker of the House and the Republican Senate Majority leader to balance the budget without raising taxes. It proves that the Democrats never had any intention of living up to their end of the bipartisan agreement to reduce spending because they are already trying to backfill agreed upon cuts.

There are many legal problems with this legislation. It attempts to repeal a law that does not exist, it attempts to provide supplemental funding to a budget that does not exist, and it references a revenue source that does not exist.

Democrats who control the House are flagrantly abusing their power by trying to ram this legislation through without allowing lawmakers to debate the bill or even read it before being forced to vote.

For these reasons I cannot support this bill.”

Rep. Elsenheimer, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

No Vote Explanation

HB 5403 (Promise Grants)

This bill violates the bipartisan, signed agreement between the Democrat Speaker of the House and the Republican Senate Majority Leader to balance the budget without raising taxes. It proves that the Democrats never had any intention of living up to their end of the bipartisan agreement to reduce spending because they are already trying to backfill agreed upon cuts.

Specifically, the Michigan Constitution requires appropriation bills to be passed before supplemental appropriation bills are passed (Michigan Constitution, Article IV, Section 31). Article IV Section 25 prohibits laws from being amended by reference. In this situation the Democrats are attempting to repeal sections of a bill that had not been voted on by the House, let alone signed into law.

Democrats who control the House are flagrantly abusing their power by trying to ram this legislation through without allowing lawmakers to debate the bill or even read it before being forced to vote.

For these reasons I cannot support this bill.”

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

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

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

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

Rep. Hildenbrand demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 472 Yeas—66

Angerer Ebli Leland Scott, B.

Barnett Espinoza Lemmons Scripps

Bauer Geiss Lindberg Segal

Bledsoe Gonzales Lipton Sheltrown

Brown, L. Gregory Liss Simpson

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Miller Stanley

Corriveau Jackson Nathan Switalski

Coulouris Johnson Neumann Tlaib

Cushingberry Jones, Robert Polidori Valentine

Dean Kandrevas Roberts Warren

Dillon Kennedy Rocca Womack

Donigan Lahti Schmidt, R. Young

Durhal LeBlanc

Nays—42

Agema Elsenheimer Kurtz Pavlov

Amash Genetski Lori Pearce

Ball Green Lund Proos

Bolger Haines Marleau Rogers

Booher Hansen McMillin Schmidt, W.

Calley Haveman Meekhof Schuitmaker

Caul Hildenbrand Meltzer Scott, P.

Crawford Horn Moore Stamas

Daley Jones, Rick Moss Tyler

Denby Knollenberg Opsommer Walsh

DeShazor Kowall

In The Chair: Byrnes

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 4441, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

(The conference report was reported by the conference committee on September 23, consideration of which, under the rules, was postponed until September 24.)

(For conference report, see House Journal No. 77, p. 1597.)

The question being on the adoption of the conference report,

The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 473 Yeas—57

Agema Espinoza LeBlanc Pearce

Amash Genetski Lori Proos

Ball Green Lund Rocca

Bolger Haines Marleau Rogers

Booher Hammel McDowell Schmidt, R.

Calley Hansen McMillin Schmidt, W.

Caul Haveman Meadows Schuitmaker

Clemente Hildenbrand Meekhof Scott, P.

Crawford Horn Melton Simpson

Cushingberry Jones, Rick Meltzer Slezak

Daley Knollenberg Moore Spade

Denby Kowall Moss Stamas

DeShazor Kurtz Opsommer Switalski

Dillon Lahti Pavlov Walsh

Elsenheimer

Nays—51

Angerer Durhal Kennedy Scripps

Barnett Ebli Leland Segal

Bauer Geiss Lemmons Sheltrown

Bledsoe Gonzales Lindberg Slavens

Brown, L. Gregory Lipton Smith

Brown, T. Griffin Liss Stanley

Byrnes Haase Mayes Tlaib

Byrum Haugh Miller Tyler

Constan Huckleberry Nathan Valentine

Corriveau Jackson Neumann Warren

Coulouris Johnson Polidori Womack

Dean Jones, Robert Roberts Young

Donigan Kandrevas Scott, B.

In The Chair: Byrnes

The Speaker laid before the House the conference report relative to

House Bill No. 4436, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

(The conference report was reported by the conference committee on September 29, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 81, p. 1838.)

The question being on the adoption of the conference report,

The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 474 Yeas—56

Agema Denby Jones, Rick Opsommer

Amash DeShazor Knollenberg Pavlov

Angerer Dillon Kowall Pearce

Ball Durhal Kurtz Proos

Bolger Elsenheimer Lahti Rocca

Booher Espinoza LeBlanc Rogers

Brown, T. Genetski Lori Schmidt, R.

Calley Green Lund Schmidt, W.

Caul Haines McDowell Schuitmaker

Clemente Hammel McMillin Simpson

Constan Hansen Meekhof Spade

Crawford Haveman Meltzer Stamas

Cushingberry Hildenbrand Moore Tyler

Daley Horn Moss Walsh

Nays—52

Barnett Gregory Lipton Scripps

Bauer Griffin Liss Segal

Bledsoe Haase Marleau Sheltrown

Brown, L. Haugh Mayes Slavens

Byrnes Huckleberry Meadows Slezak

Byrum Jackson Melton Smith

Corriveau Johnson Miller Stanley

Coulouris Jones, Robert Nathan Switalski

Dean Kandrevas Neumann Tlaib

Donigan Kennedy Polidori Valentine

Ebli Leland Roberts Warren

Geiss Lemmons Scott, B. Womack

Gonzales Lindberg Scott, P. Young

In The Chair: Byrnes

Senate Bill No. 254, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2010; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

The Senate has adopted the report of the Committee of Conference.

The Conference Report was read as follows:

First Conference Report

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

Senate Bill No. 254, entitled

Recommends:

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

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

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the state transportation department and certain state purposes designated in this act for the fiscal year ending September 30, 2010, from the funds indicated in this part. The following is a summary of the appropriations in this part:

STATE TRANSPORTATION DEPARTMENT

APPROPRIATION SUMMARY:

Full-time equated unclassified positions.............................................................................6.0

Full-time equated classified positions..........................................................................3,008.3

GROSS APPROPRIATION.......................................................................................................... $ 3,257,748,000

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

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 3,257,748,000

Federal revenues:

DOT, federal transit act................................................................................................................ 59,062,100

DOT-FHWA, highway research, planning, and construction........................................................ 1,060,167,700

DOT-FRA, local rail service assistance........................................................................................ 100,000

DOT-FRA, rail passenger/HSGT.................................................................................................. 3,000,000

DOT, federal aviation administration........................................................................................... 104,874,700

Total federal revenues................................................................................................................... 1,227,204,500

Special revenue funds:

Local revenues:

Total local and private revenues................................................................................................... 56,073,400

Blue Water Bridge fund................................................................................................................ 14,706,300

Comprehensive transportation fund.............................................................................................. 230,507,500

Economic development fund........................................................................................................ 43,515,000

Intercity bus equipment fund........................................................................................................ 2,000,000

Local bridge fund......................................................................................................................... 30,223,700

Michigan transportation fund....................................................................................................... 968,927,500

Rail freight fund........................................................................................................................... 2,000,000

State aeronautics fund.................................................................................................................. 14,869,000

State trunkline fund...................................................................................................................... 667,721,100

Total other state restricted revenues............................................................................................. 1,974,470,100

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

Sec. 102. DEBT SERVICE

State trunkline.............................................................................................................................. $ 203,625,200

Economic development................................................................................................................. 9,228,200

Local bridge fund......................................................................................................................... 3,318,700

Blue Water Bridge fund................................................................................................................ 2,149,600

Airport safety and protection plan............................................................................................... 3,472,400

Comprehensive transportation...................................................................................................... 29,843,200

GROSS APPROPRIATION.......................................................................................................... $ 251,637,300

Appropriated from:

Federal revenues:

DOT-FHWA, highway research, planning, and construction........................................................ 58,163,500

Special revenue funds:

Blue Water Bridge fund................................................................................................................ 2,149,600

Comprehensive transportation fund.............................................................................................. 29,843,200

Economic development fund........................................................................................................ 9,228,200

Local bridge fund......................................................................................................................... 3,318,700

State aeronautics fund.................................................................................................................. 3,472,400

State trunkline fund...................................................................................................................... 145,461,700

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

Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY SUPPORT

SERVICES

MTF grant to department of environmental quality..................................................................... $ 1,087,100

MTF grant to department of state for collection of revenue and fees......................................... 20,000,000

MTF grant to department of treasury........................................................................................... 7,440,700

MTF grant to legislative auditor general...................................................................................... 204,300

STF grant to department of attorney general............................................................................... 2,867,400

STF grant to civil service commission......................................................................................... 5,697,000

STF grant to department of history, arts, and libraries................................................................ 83,100

STF grant to department of management and budget.................................................................. 1,105,200

STF grant to department of state police....................................................................................... 9,808,000

STF grant to department of treasury............................................................................................ 179,100

STF grant to legislative auditor general....................................................................................... 474,600

SAF grant to department of attorney general............................................................................... 160,300

SAF grant to civil service commission........................................................................................ 150,000

SAF grant to department of history, arts, and libraries................................................................ 1,900

SAF grant to department of management and budget.................................................................. 22,800

SAF grant to department of treasury............................................................................................ 74,700

SAF grant to legislative auditor general....................................................................................... 19,600

CTF grant to department of attorney general............................................................................... 162,400

CTF grant to civil service commission........................................................................................ 200,000

CTF grant to department of history, arts, and libraries................................................................ 2,700

CTF grant to department of management and budget.................................................................. 32,100

CTF grant to department of treasury............................................................................................ 4,100

CTF grant to legislative auditor general....................................................................................... 25,200

GROSS APPROPRIATION.......................................................................................................... $ 49,802,300

Appropriated from:

Special revenue funds:

Comprehensive transportation fund.............................................................................................. 426,500

Michigan transportation fund....................................................................................................... 28,732,100

State aeronautics fund.................................................................................................................. 429,300

State trunkline fund...................................................................................................................... 20,214,400

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

Sec. 104. EXECUTIVE DIRECTION

Full-time equated unclassified positions.............................................................................6.0

Full-time equated classified positions...............................................................................31.3

Unclassified salaries..................................................................................................................... $ 602,800

Asset management council........................................................................................................... 1,626,400

Commission audit—31.3 FTE positions....................................................................................... 3,574,600

GROSS APPROPRIATION.......................................................................................................... $ 5,803,800

Appropriated from:

Special revenue funds:

Michigan transportation fund....................................................................................................... 1,626,400

State trunkline fund...................................................................................................................... 4,177,400

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

Sec. 105. BUSINESS SUPPORT

Full-time equated classified positions...............................................................................57.0

Business support services—48.0 FTE positions........................................................................... $ 6,050,900

Economic development and enhancement programs—9.0 FTE positions................................... 1,175,200

Property management................................................................................................................... 8,642,100

Worker’s compensation................................................................................................................. 1,726,700

GROSS APPROPRIATION.......................................................................................................... $ 17,594,900

Appropriated from:

Special revenue funds:

Comprehensive transportation fund.............................................................................................. 1,102,900

Economic development fund........................................................................................................ 482,700

Michigan transportation fund....................................................................................................... 185,000

State aeronautics fund.................................................................................................................. 549,600

State trunkline fund...................................................................................................................... 15,274,700

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

Sec. 106. INFORMATION TECHNOLOGY

Information technology services and projects.............................................................................. $ 29,313,200

GROSS APPROPRIATION.......................................................................................................... $ 29,313,200

Appropriated from:

Federal revenues:

DOT-FHWA, highway research, planning, and construction........................................................ 510,800

Special revenue funds:

Blue Water Bridge fund................................................................................................................ 48,200

Comprehensive transportation fund.............................................................................................. 188,800

Economic development fund........................................................................................................ 37,100

Michigan transportation fund....................................................................................................... 249,400

State aeronautics fund.................................................................................................................. 147,400

State trunkline fund...................................................................................................................... 28,131,500

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

Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES

Full-time equated classified positions.............................................................................243.5

Financial operations—80.0 FTE positions................................................................................... $ 8,029,600

Contract services—53.6 FTE positions........................................................................................ 5,130,500

Department services—41.9 FTE positions................................................................................... 5,351,400

Performance excellence—13.0 FTE positions.............................................................................. 1,560,300

Welcome center operations—55.0 FTE positions........................................................................ 4,986,500

GROSS APPROPRIATION.......................................................................................................... $ 25,058,300

Appropriated from:

Special revenue funds:

Michigan transportation fund....................................................................................................... 1,625,200

State trunkline fund...................................................................................................................... 23,433,100

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

Sec. 108. TRANSPORTATION PLANNING

Full-time equated classified positions.............................................................................176.0

Statewide planning services—124.0 FTE positions..................................................................... $ 13,536,200

Data collection services—52.0 FTE positions............................................................................. 5,893,400

Specialized planning services and local studies........................................................................... 16,698,200

Grants to regional planning councils............................................................................................ 488,800

GROSS APPROPRIATION.......................................................................................................... $ 36,616,600

Appropriated from:

Federal revenues:

DOT-FHWA, highway research, planning, and construction........................................................ 22,000,000

Special revenue funds:

Comprehensive transportation fund.............................................................................................. 960,300

Michigan transportation fund....................................................................................................... 6,304,500

State aeronautics fund.................................................................................................................. 75,000

State trunkline fund...................................................................................................................... 7,276,800

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

Sec. 109. DESIGN AND ENGINEERING SERVICES

Full-time equated classified positions..........................................................................1,494.8

Engineering services—787.1 FTE positions................................................................................ $ 62,992,700

Program services—695.7 FTE positions...................................................................................... 40,423,400

Intelligent transportation systems operations—12.0 FTE positions............................................. 10,785,400

GROSS APPROPRIATION.......................................................................................................... $ 114,201,500

Appropriated from:

Federal revenues:

DOT-FHWA, highway research, planning, and construction........................................................ 23,529,800

Special revenue funds:

Michigan transportation fund....................................................................................................... 5,835,200

State trunkline fund...................................................................................................................... 84,836,500

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

Sec. 110. HIGHWAY MAINTENANCE

Full-time equated classified positions.............................................................................834.7

State trunkline operations—834.7 FTE positions......................................................................... $ 136,667,800

Contract operations....................................................................................................................... 149,860,300

GROSS APPROPRIATION.......................................................................................................... $ 286,528,100

Appropriated from:

Special revenue funds:

State trunkline fund...................................................................................................................... 286,528,100

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

Sec. 111. ROAD AND BRIDGE PROGRAMS

State trunkline federal aid and road and bridge construction...................................................... $ 794,418,800

Local federal aid and road and bridge construction..................................................................... 248,751,000

Grants to local programs.............................................................................................................. 33,000,000

Rail grade crossing....................................................................................................................... 3,000,000

Local bridge program................................................................................................................... 26,905,000

County road commissions............................................................................................................ 568,937,400

Cities and villages........................................................................................................................ 317,208,000

GROSS APPROPRIATION.......................................................................................................... $ 1,992,220,200

Appropriated from:

Federal revenues:

DOT-FHWA, highway research, planning, and construction........................................................ 955,963,600

Special revenue funds:

Local funds................................................................................................................................... 30,000,000

Blue Water Bridge fund................................................................................................................ 7,107,300

Local bridge fund......................................................................................................................... 26,905,000

Michigan transportation fund....................................................................................................... 922,145,400

State trunkline fund...................................................................................................................... 50,098,900

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

Sec. 112. BLUE WATER BRIDGE

Full-time equated classified positions...............................................................................41.0

Blue Water Bridge operations—41.0 FTE positions.................................................................... $ 5,401,200

GROSS APPROPRIATION.......................................................................................................... $ 5,401,200

Appropriated from:

Special revenue funds:

Blue Water Bridge fund................................................................................................................ 5,401,200

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

Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT

Forest roads.................................................................................................................................. $ 5,040,000

Rural county urban system........................................................................................................... 2,500,000

Target industries/economic redevelopment................................................................................... 8,863,400

Urban county congestion.............................................................................................................. 8,681,800

Rural county primary................................................................................................................... 8,681,800

GROSS APPROPRIATION.......................................................................................................... $ 33,767,000

Appropriated from:

Special revenue funds:

Economic development fund........................................................................................................ 33,767,000

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

Sec. 114. AERONAUTICS AND FREIGHT SERVICES

Full-time equated classified positions...............................................................................84.0

Airport improvement services—30.0 FTE positions.................................................................... $ 2,936,000

Aviation services—26.0 FTE positions........................................................................................ 4,267,100

Freight and safety services—28.0 FTE positions......................................................................... 3,562,700

Air service program...................................................................................................................... 464,600

GROSS APPROPRIATION.......................................................................................................... $ 11,230,400

Appropriated from:

Special revenue funds:

Comprehensive transportation fund.............................................................................................. 1,541,400

Michigan transportation fund....................................................................................................... 2,021,300

State aeronautics fund.................................................................................................................. 7,667,700

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

Sec. 115. PUBLIC TRANSPORTATION SERVICES

Full-time equated classified positions...............................................................................46.0

Passenger transportation services—46.0 FTE positions............................................................... $ 5,455,400

GROSS APPROPRIATION.......................................................................................................... $ 5,455,400

Appropriated from:

Federal revenues:

DOT, federal transit act................................................................................................................ 762,100

Special revenue funds:

Comprehensive transportation fund.............................................................................................. 4,490,300

Michigan transportation fund....................................................................................................... 203,000

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

Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING

Local bus operating...................................................................................................................... $ 166,624,000

Nonurban operating/capital.......................................................................................................... 21,800,000

GROSS APPROPRIATION.......................................................................................................... $ 188,424,000

Appropriated from:

Federal revenues:

DOT, federal transit act................................................................................................................ 21,000,000

Special revenue funds:

Comprehensive transportation fund.............................................................................................. 166,624,000

Local funds................................................................................................................................... 800,000

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

Sec. 117. INTERCITY PASSENGER AND FREIGHT

Freight property management....................................................................................................... $ 1,000,000

Detroit/Wayne County port authority........................................................................................... 468,200

Intercity services.......................................................................................................................... 7,250,000

Rail passenger service.................................................................................................................. 8,667,000

Freight preservation and development.......................................................................................... 3,364,200

Marine passenger service............................................................................................................. 400,000

Terminal development.................................................................................................................. 150,000

GROSS APPROPRIATION.......................................................................................................... $ 21,299,400

Appropriated from:

Federal revenues:

DOT, federal transit act................................................................................................................ 4,500,000

DOT-FRA, local rail service assistance........................................................................................ 100,000

DOT-FRA, rail passenger/HSGT.................................................................................................. 3,000,000

Special revenue funds:

Local funds................................................................................................................................... 50,000

Comprehensive transportation fund.............................................................................................. 9,649,400

Intercity bus equipment fund........................................................................................................ 2,000,000

Rail freight fund........................................................................................................................... 2,000,000

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

Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT

Specialized services...................................................................................................................... $ 7,248,100

Municipal credit program............................................................................................................. 1,873,000

Bus capital.................................................................................................................................... 38,178,200

Van pooling.................................................................................................................................. 195,000

Service initiatives......................................................................................................................... 1,050,000

Transportation to work................................................................................................................. 9,136,400

GROSS APPROPRIATION.......................................................................................................... $ 57,680,700

Appropriated from:

Federal revenues:

DOT, federal transit act................................................................................................................ 32,800,000

Special revenue funds:

Local funds................................................................................................................................... 9,200,000

Comprehensive transportation fund.............................................................................................. 15,680,700

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

Sec. 119. CAPITAL OUTLAY

(1) BUILDINGS AND FACILITIES

Special maintenance, remodeling, and additions.......................................................................... $ 2,288,000

GROSS APPROPRIATION.......................................................................................................... $ 2,288,000

Appropriated from:

Special revenue funds:

State trunkline fund...................................................................................................................... 2,288,000

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

(2) AIRPORT IMPROVEMENT PROGRAMS

Airport safety, protection and improvement program.................................................................. $ 123,425,700

GROSS APPROPRIATION.......................................................................................................... $ 123,425,700

Appropriated from:

Federal revenues:

DOT, federal aviation administration........................................................................................... 104,874,700

Special revenue funds:

Local funds................................................................................................................................... 16,023,400

State aeronautics fund.................................................................................................................. 2,527,600

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

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2009-2010 is $1,974,470,100.00 and state spending from state resources to be paid to local units of government for fiscal year 2009-2010 is $1,165,761,700.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:

DEPARTMENT OF TRANSPORTATION

Grants to local programs.............................................................................................................. $ 33,000,000

Economic development fund........................................................................................................ 33,767,000

Grants to cities and villages......................................................................................................... 317,208,000

Grants to county road commissions............................................................................................. 568,937,400

Local bridge fund......................................................................................................................... 26,905,000

Grants to regional planning councils............................................................................................ 488,800

Local bus operating...................................................................................................................... 166,624,000

Bus capital.................................................................................................................................... 5,178,200

Marine passenger service............................................................................................................. 400,000

Detroit/Wayne County port authority........................................................................................... 468,200

Municipal credit program............................................................................................................. 1,873,000

Specialized services...................................................................................................................... 3,848,100

Transportation to work................................................................................................................. 4,536,400

Airport safety, protection, and improvement program................................................................. 2,527,600

Total payments to local units of government............................................................................... $ 1,165,761,700

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this act:

(a) “CTF” means comprehensive transportation fund.

(b) “Department” means the department of transportation.

(d) “DOT-FHWA” means DOT, federal highway administration.

(e) “DOT-FRA” means DOT, federal railroad administration.

(f) “DOT-FRA, rail passenger/HSGT” means DOT, federal railroad administration, high-speed ground transportation.

(g) “EDF” means economic development fund.

(h) “FTE” means full-time equated.

(i) “MTF” means Michigan transportation fund.

(j) “RIF” means recreation improvement fund.

(k) “SAF” means state aeronautics fund.

(l) “STF” means state trunkline fund.

Sec. 204. The civil service commission shall bill the departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.

Sec. 205. (1) A hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department.

(2) The state budget director may grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services, causes loss of revenue to the state, would result in the inability of the state to receive federal funds, or would necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous quarter and the reasons to justify the exception.

Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 207. When beginning any effort to privatize, the department shall submit a complete project plan to the house of representatives and senate appropriations subcommittees on transportation, the state budget office, and the house and senate fiscal agencies. The plan shall include the rationale for privatization, including a cost-benefit analysis if appropriate. The evaluation shall be completed and submitted to the appropriate senate and house of representatives appropriations subcommittees and the senate and house fiscal agencies. As used in this section, “privatize” or “privatization” means the transfer of state highway maintenance or activities currently performed by department forces, or by boards of county road commissioners, county boards of commissioners, or local units of government under contract with the department, to private contractors.

Sec. 208. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this act. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an Internet or Intranet site.

Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 210. The director of each department receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall encourage firms with which the department contracts to subcontract with certified businesses in deprived and depressed communities for services, supplies, or both.

Sec. 211. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.

Sec. 258. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.

Sec. 259. From the funds appropriated in part 1 for information technology, the department shall pay user fees to the department of information technology for technology-related services and projects. The user fees shall be subject to provisions of an interagency agreement between the department and the department of information technology.

Sec. 260. (1) Due to the current budgetary problems in this state, out-of-state travel shall be limited to situations in which 1 or more of the following conditions apply:

(a) The travel is required by legal mandate or court order or for law enforcement purposes.

(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.

(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.

(d) The travel is necessary to comply with federal requirements.

(e) The travel is necessary to secure specialized training for staff that is not available within this state.

(f) The travel is financed entirely by federal or nonstate funds.

(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the state budget director may grant an exception to allow the travel. Any exceptions granted by the state budget director shall be reported on a monthly basis to the house and senate appropriations committees.

(3) Not later than January 1 of each year, each department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the chairs and members of the house and senate appropriations committees, the fiscal agencies, and the state budget director. The report shall include the following information:

(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.

(b) The destination of each travel occurrence.

(d) A brief statement of the reason for each travel occurrence.

(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.

Sec. 261. A department or state agency shall not take disciplinary action against an employee for communicating with a member of the legislature or their staff.

Sec. 262. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes.

Sec. 263. (1) The department shall report no later than April 1, 2010 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the house and senate appropriations subcommittees on the budget for the department, the joint committee on administrative rules, and the senate and house fiscal agencies.

(2) Funds appropriated in part 1 shall not be used by the department to adopt a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.

(3) As used in this section:

(a) “Rule” means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.

(b) “Small business” means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.

Sec. 264. The department shall continue its efforts to implement continuous process improvement programs. On or before March 1, 2010, the department shall report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on department activities to increase efficiency in the delivery of core programs. The report shall include a description of activities of the performance excellence section in identifying and implementing business process improvements.

Sec. 265. The department shall not approve the travel of more than 1 departmental employee to a specific professional development conference or training seminar that is located outside of this state unless a professional development conference or training seminar that is funded by a federal or private funding source and requires more than 1 person from a department to attend or the conference or training seminar includes more than 1 issue in which 1 employee from the department does not have expertise.

Sec. 266. From the funds appropriated in part 1, the department shall use an amount not to exceed $10,000.00 to develop, post, and maintain, on a publicly accessible Internet site, all expenditures made by the agency within a fiscal year. The posting must include the purpose for which each expenditure is made. The department shall not be required to hire additional employees to comply with this section.

DEPARTMENTAL SECTIONS

Sec. 301. (1) The department may establish a fee schedule and collect fees sufficient to cover the costs to issue the permits that the department is authorized by law to issue upon request, unless otherwise stipulated by law. All permit fees are nonrefundable application fees and shall be credited to the appropriate fund to recover the direct and indirect costs of receiving, reviewing, and processing the requests.

(2) A bridge authority shall hold 3 public hearings on an increase in any toll charged by the authority at least 30 days before the toll change will become effective. Two of the hearings shall be held within 5 miles of the bridge over which the bridge authority has jurisdiction. One hearing shall be held in Lansing. Public hearings held under this section shall be conducted in accordance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and shall be conducted so as to provide a reasonable opportunity for public comment, including both spoken and written comments.

Sec. 303. On request, the department shall provide to a legislator, in writing, a report on the amount of money to be received by each city and village and the county road commission of each county, that is included in whole or in part within the legislator’s legislative district.

Sec. 304. If, as a requirement of bidding on a highway project, the department requires a contractor to submit financial or proprietary documentation as to how the bid was calculated, that bid documentation shall be kept confidential and shall not be disclosed other than to a department representative without the contractor’s written consent. The department may disclose the bid documentation if necessary to address or defend a claim by a contractor.

Sec. 305. The department shall permit space on public passenger transportation properties to be occupied by public or private tenants on a competitive market rate basis. The department shall require that revenue from the tenants be placed in an account to be used to pay the costs to maintain the property.

Sec. 306. (1) The amounts appropriated in section 103 to support tax and fee collection, law enforcement, and other program services provided to the department and to transportation funds by other state departments shall be expended from transportation funds pursuant to annual contracts between the department and those other state departments. The contracts shall be executed prior to the expenditure or obligation of those funds. The contracts shall provide, but are not limited to, the following data applicable to each state department:

(a) Estimated costs to be recovered from transportation funds.

(b) Description of services provided to the department and/or transportation funds and financed with transportation funds.

(c) Detailed cost allocation methods appropriate to the type of services being provided and the activities financed with transportation funds.

(2) Not later than 2 months after publication of the state of Michigan comprehensive annual financial report, each state department receiving funding pursuant to an interdepartment contract with the department shall submit a written report to the department, the state budget director, and the house and senate fiscal agencies stating by spending authorization account the amount of estimated funds contracted with the department, the amount of funds expended, the amount of funds returned to the transportation funds, and any unreimbursed transportation-related costs incurred but not billed to transportation funds. A copy of the report shall be submitted to the auditor general, and the report shall be subject to audit by the auditor general as provided in subsection (4).

(3) In addition to the requirements of subsection (2), the state treasurer shall develop a cost allocation plan to identify the actual costs of work based on time and effort performed by the Michigan department of treasury for state-restricted transportation funds. The cost allocation plan shall specifically identify the costs of collecting constitutionally restricted motor fuel taxes. The cost allocation plan shall be submitted to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, the auditor general, and the state budget director by November 1. The cost allocation plan shall be subject to audit by the auditor general.

(4) Biennially, in each even-numbered fiscal year, the auditor general shall conduct an audit of charges to transportation funds by state departments for the 2 preceding fiscal years. The audit shall include both charges governed by interdepartmental contracts as well as miscellaneous charges from other state departments not governed by contracts. The auditor general shall prepare a detailed report, with recommendations and conclusions, including a summary of charges and related services to transportation funds by department, the appropriateness of those charges, the cost allocation methodologies used in determining the level of funding, and any unreimbursed transportation-related costs, if any. The report shall be provided to the senate and house of representatives committees on appropriations, the senate and house fiscal agencies, and the state budget director 9 months after publication of the state of Michigan comprehensive annual financial report.

Sec. 307. Before March 1 of each year, the department will provide to the legislature, the state budget office, and the house and senate fiscal agencies its rolling 5-year plan listing by county or by county road commission all highway construction projects for the fiscal year and all expected projects for the ensuing fiscal years.

Sec. 308. The department and local road agencies that receive appropriations under this act shall pursue compliance with contract specifications for construction and maintenance of state highways and local roads and streets. Work shall not be accepted and paid for until it complies with contract requirements. Contractors with unsatisfactory performance ratings shall be restricted from future bidding through the prequalification process established by the department or a local road agency. The department, county road commissions, and cities and villages shall report to the house of representatives and senate appropriations subcommittees on transportation, the senate and house fiscal agencies, and the state budget director on their respective activities under this section.

Sec. 309. The department shall continue its efforts to reduce administrative costs and provide the maximum funding possible for construction projects.

Sec. 310. The department shall provide in a timely manner copies of the agenda and approved minutes of monthly transportation commission meetings to the members of the house and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget director.

Sec. 312. At the close of the fiscal year, any unencumbered and unexpended balance in the state trunkline fund shall remain in the state trunkline fund and shall carry forward and is appropriated for federal aid road and bridge programs for projects contained in the annual state transportation program.

Sec. 313. (1) From funds appropriated in part 1, the department may increase a state infrastructure bank program and grant or loan funds in accordance with regulations of the state infrastructure bank program of the United States department of transportation. The state infrastructure bank is to be administered by the department for the purpose of providing a revolving, self-sustaining resource for financing transportation infrastructure projects.

(2) In addition to funds provided in subsection (1), money received by the state as federal grants, repayment of state infrastructure bank loans, or other reimbursement or revenue received by the state as a result of projects funded by the program and interest earned on that money shall be deposited in the revolving state infrastructure bank fund and shall be available for transportation infrastructure projects. At the close of the fiscal year, any unencumbered funds remaining in the state infrastructure bank fund shall remain in the fund and be carried forward into the succeeding fiscal year.

Sec. 314. The department shall provide a report prepared by the department’s internal auditor on the activities of the internal auditor for the previous fiscal year. The report shall be due on February 1 of each year and shall be submitted to the senate and house of representatives appropriations committees, the senate and house fiscal agencies, the director of the state budget office, and the auditor general. This report shall include a list of all of the following:

(a) All work activities conducted by the internal auditor, including a listing of all audits, reviews, and investigations.

(b) The time charged to each work activity, including time charged to each audit, review, or investigation.

(c) A listing of which audits, reviews, and investigations have been completed and which audits, reviews, and investigations have had reports of the results issued.

Sec. 319. The department shall post signs at each rest area to identify the agency or contractor responsible for maintenance of the rest area. The signs shall include a department telephone number and shall indicate that unsafe or unclean conditions at the rest area may be reported to that telephone number.

Sec. 324. From the funds appropriated in part 1, $500,000.00 from the state trunkline fund shall be used for enhanced construction zone traffic law enforcement and the “give ‘em a brake” campaign. The funding shall be used to reimburse law enforcement agencies for costs associated with construction zone traffic enforcement. The funding shall be provided based on approved memoranda of understanding between the department and participating law enforcement agencies.

Sec. 334. The department shall continue its program to increase the use of women- and minority-owned businesses in state and local road construction projects. This program shall comprise, at a minimum, outreach and education efforts to inform women- and minority-owned firms of department competitive bidding processes and requirements, and an assessment of the availability of surety for women- and minority-owned businesses. The department shall report by September 30 of each year to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies of its progress in complying with this section.

Sec. 353. The department shall review its contractor payment process and ensure that all prime contractors are paid promptly. The department shall ensure that prime contractors are in compliance with special provision 109.10 regarding the prompt payment of subcontractors.

Sec. 357. When presented with complete local federal aid project submittals, the department shall complete all necessary reviews and inspections required to let local federal aid projects within 120 days of receipt. The department shall implement a system for monitoring the local federal aid project review process.

Sec. 358. On a bimonthly basis, the department shall report on the number of FTEs in pay status by civil service classification to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies.

Sec. 374. The department shall produce and distribute all employee newsletters electronically.

Sec. 375. The department is prohibited from reimbursing contractors or consultants for costs associated with groundbreaking ceremonies, receptions, open houses, or press conferences related to transportation projects funded, in whole or in part, by revenue appropriated in part 1.

Sec. 376. No later than March 1 of each year, the department shall report to the senate and house appropriations subcommittees on transportation on the status of the 17 projects that were initially deferred in the department’s 5-year plan in 2003 and subsequently restored.

Sec. 383. (1) The department shall prepare a quarterly report on all travel by executive branch employees, and others including local public officials, university employees, and other public employees on department-owned aircraft. The report shall include, by department, the name of the traveler, the travel origination location, the travel destination location, type of aircraft, and the total estimated costs associated with the air travel.

(2) The report shall be submitted to the senate and house appropriations subcommittees on transportation and the house and senate fiscal agencies.

(3) From the funds appropriated in part 1, the department is prohibited from transporting legislators or legislative staff on state-owned aircraft without prior approval from the senate majority leader or the speaker of the house of representatives and only when the aircraft is already scheduled by state employees on related official state business.

(4) The department shall maintain a system for recovering the cost of operating department-owned aircraft through charges to aircraft users.

Sec. 384. (1) The department may continue with preliminary legal, financial, traffic and revenue study, permitting, engineering, and other ancillary work for the Detroit River International Crossing (DRIC) so that it can solicit from the private sector requests for proposals for public-private partnerships to construct the bridge, plaza, and related infrastructure. The department shall submit proposals to the legislature by May 1, 2010. Those activities associated with the DRIC project shall not bind the state in any way to construction.

(2) The department shall submit an investment grade traffic study to the legislature by May 1, 2010 from a reputable traffic company with appropriate experience intended to provide a detailed traffic projection for the ensuing 10 years, taking into account projected infrastructure modifications, expansions, and improvements announced.

(3) The department shall not expend more than $2,500,000.00 from state transportation revenue sources for activities enumerated in this section.

(4) It is the intent of the legislature to fully adopt or reject authorizing legislation by the full legislative bodies by June 1, 2010 to do all of the following:

(a) Construct a new international crossing jointly and in agreement with Canada.

(b) Create an authorized tolling authority.

Sec. 393. The department shall promote best practices for public transportation services in this state, including, but not limited to, the following:

(a) Transit vehicle rehabilitation to reduce life-cycle cost of public transportation through mid-life rehabilitation of transit buses.

(b) Coordination with the Michigan economic development corporation to promote transition of bus fleets hybrid transit vehicles with a view to promotion of fuel economy.

(c) Cooperation between entities using transit, including school districts, cities, townships, and counties with a view to promoting cost savings through joint purchasing of fuel and other procurements.

(d) Coordination of transportation dollars among state departments which provide transit-related services, including the department of human services and the department of community health. Priority should be given to use of public transportation services where available.

(e) Promotion of intelligent transportation services for buses that incorporate computer and navigation technology to make transit systems more efficient, including stoplight coordinating, vehicle tracking, data tracking, and computerized scheduling.

Sec. 394. (1) From the funds appropriated in part 1, the department shall conduct a study of the current statutory formulae for the distribution of state and federal revenue for surface transportation programs. The study shall include an analysis of alternative distribution strategies and a discussion of the extent to which current and alternative distribution formulae contribute to statewide transportation goals. The study shall include all of the following:

(a) A discussion of alternative distribution strategies for state and local road and street programs, including distribution methods based on vehicle miles traveled as compared to lane miles. The study shall include a comparison of vehicle miles traveled to lane miles for the sampled geographical areas as well as comparisons to other states and an evaluation of best practices.

(b) A discussion of alternative methods of distributing state operating assistance for local bus transit programs, including an analysis of incentives for those agencies which demonstrate efficient use of resources and increasing ridership levels.

(2) The department shall deliver a report on the findings of the study by March 1, 2010 to the house and senate appropriations subcommittees on transportation, the house and senate transportation committees, the house and senate fiscal agencies, and the state budget director.

Sec. 395. It is the intent of the legislature that the department assume jurisdiction of county road C-56 between US-31 at Charlevoix and M-75 at Boyne City in Charlevoix County.

Sec. 398. For the fiscal year ending September 30, 2010, the appropriation to a street railway pursuant to section 10e(22) of 1951 PA 51, MCL 247.660e, is $0.

Sec. 399. It is the intent of the legislature that the department and local road agencies that receive appropriations under this act work to develop and adopt complete street policies. In planning, design, construction, maintenance, and operation of streets and highways, the department and local road agencies shall adhere to the adopted complete street policy. The department shall provide assistance to and coordinate with local road agencies and metropolitan planning organizations in developing complete street policies, including the development of model complete street policies. As used in this section:

(a) “Complete street” means a roadway that accommodates all travelers, particularly public transit users, bicyclists, pedestrians (including individuals of all ages and individuals with mobility, sensory, neurological, or hidden disabilities), and motorists, to enable all travelers to use the roadway safely and efficiently.

(b) “Complete street policy” means a state or local law, ordinance, or policy that ensures the adequate accommodation, in all phases of project planning and development, of all users of the transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, motorists, and individuals with disabilities, and the consideration of the safety and convenience of all users in all phases of project planning and development.

FEDERAL

Sec. 401. Within 30 days of receiving the applicable fiscal year authorization from the federal government to commit transportation funds, the department shall notify local agency representatives, the senate and house of representatives appropriation transportation subcommittees, the senate and house fiscal agencies, and the state budget director regarding the amount of federal aid for categorical allocations to state and local agency programs not specifically allocated in either federal or state law.

Sec. 402. A portion of the federal DOT-FHWA highway research, planning, and construction funds made available to the state shall be allocated to transportation programs administered by local jurisdictions in accordance with section 10o of 1951 PA 51, MCL 247.660o. A local road agency, with respect to a project approved for federal aid funding in a state transportation improvement program, may enter into a voluntary buyout agreement with the department or with another local road agency to exchange the federal aid with state restricted transportation funds as agreed to by the respective parties. The state-restricted transportation funds received in exchange for federal aid funds shall be used for the same purpose as the federal aid funds were originally intended.

MICHIGAN TRANSPORTATION FUND

Sec. 501. The money received under the motor carrier act, 1933 PA 254, MCL 475.1 to 479.43, and not appropriated to the department of energy, labor, and economic growth or the department of state police is deposited in the Michigan transportation fund.

Sec. 502. The department of treasury shall perform audits and make investigations of the disposition of all state funds received by county road commissions or county boards of commissioners, as applicable, and cities and villages for transportation purposes to determine compliance with the terms and conditions of 1951 PA 51, MCL 247.651 to 247.675. County road commissions or county boards of commissioners, as applicable, and cities and villages shall make available to the department of treasury the pertinent records for the audit.

Sec. 503. (1) The funds appropriated in part 1 for the economic development and local bridge programs shall not lapse at the end of the fiscal year but shall carry forward each fiscal year for the purposes for which appropriated in accordance with 1987 PA 231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL 247.660.

(2) Interest earned in the department of transportation economic development fund and local bridge fund shall remain in the respective funds and shall be allocated to the respective programs based on actual interest earned at the end of each fiscal year.

(3) The department of transportation economic development fund and local bridge fund may receive and expend federal, local, or private funds or restricted source funds such as interest earnings for projects that are consistent with the programmatic mission of the respective funds in addition to funds appropriated in part 1.

(4) None of the funds statutorily dedicated to the transportation economic development fund and local bridge fund shall be diverted to other projects.

Sec. 504. Funds from the Michigan transportation fund (MTF) shall be distributed to the comprehensive transportation fund (CTF), the economic development fund (EDF), the recreation improvement fund (RIF), and the state trunkline fund (STF), in accordance with this act and part 711 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108, and may only be used as specified in this act, 1951 PA 51, MCL 247.651 to 247.675, and part 711 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108.

STATE TRUNKLINE FUND

Sec. 601. The department shall work with the road construction industry and engineering consulting community to develop performance and road construction warranties for construction contracts. The development of warranties shall include warranties on materials, workmanship, performance criteria, and design/build projects. The department will report by September 30 of each calendar year to the house of representatives and senate appropriations subcommittees on transportation, the state budget director, and the house and senate fiscal agencies on the status of efforts to develop performance and road construction warranties.

Sec. 602. If the department uses manufactured pipe for road construction drainage, the department shall require that pipe used under certain load-bearing conditions beneath the roadway meets the standards established by the American society for testing and materials (ASTM) or American association of state highway and transportation officials (AASHTO). The department may also use the mandrel test for manufactured pipe 60 days after installation and provide a summary of the results of these inspections to the house of representatives and senate appropriations subcommittees on transportation and house and senate fiscal agencies.

Sec. 603. The department shall use traffic congestion as 1 of the criteria in determining the priorities for designating which roads shall be remediated in its 5-year road plan, which must be submitted on or before March 1 of each year. Criteria for evaluating traffic congestion shall include, but not be limited to, coordination with local, county, and regional planning, improvement in traffic operations, improvement in physical roadway conditions, accident reduction, and coordination with area public transportation planning.

Sec. 607. It is the intent of the legislature that the Michigan department of transportation work to add a southbound entrance ramp at the interchange of I-75 at Corunna Road in the charter township of Flint.

Sec. 608. From the amounts appropriated in part 1 for forest roads from the transportation economic development fund, $40,000.00 shall be used for the purpose of establishing 2 additional truck inspection stations. The department shall work directly with representatives of the timber industry to educate truck drivers on the use of the stations. The department shall report on the status of this program.

Sec. 610. It is the intent of the legislature that the department have as a priority the removal of dead deer and other large animal remains from the traveled portion and shoulder of state highways. The department, and counties that perform state highway maintenance under contract, shall remove animal remains, wherever practicable, away from the traveled portion and shoulder of state highways.

Sec. 612. The department shall establish guidelines governing incentives and disincentives provided under contracts for state trunkline projects. The guidelines shall include specific financial information concerning incentives and disincentives. On or before January 1 of each year, the department shall prepare a report for the immediately preceding fiscal year regarding contract incentives and disincentives. This report shall include a list, by project, of the contractors that received contract incentives and/or disincentives, the amount of the incentives and/or disincentives, and the number of days that each project was completed either ahead or past the contracted completion date. This report shall be provided to the senate and house appropriations subcommittees on transportation, the senate and house standing committees on transportation, and the senate and house fiscal agencies.

Sec. 615. It is the intent of the legislature that the department shall proceed with the construction of a full interchange at the intersection of M-48 and I-75 in Chippewa County. It is the intent of the legislature that the department develop design plans and award the construction contract for this project during the fiscal year ending September 30, 2010.

Sec. 654. It is the intent of the legislature that the Mackinac Bridge Authority work to protect the long-term viability of the Mackinac Bridge.

Sec. 655. It is the intent of the legislature that the department expend not less than $32,000.00 for a safe routes to schools project in Eaton Rapids, Michigan, involving extension of and improvements to sidewalks along North State Street from Gould to beyond Greyhound Drive, as well as connecting streets in neighborhoods near Eaton Rapids High School, Eaton Rapids Middle School, Greyhound Intermediate School, and Lockwood Elementary School.

Sec. 656. It is the intent of the legislature that the department upgrade that section of M-49 from M-99 to US-12 to standards necessary for designation as a designated highway as provided under sections 717 and 718 of the Michigan vehicle code, 1949 PA 300, MCL 257.717 and 257.718, and for inclusion as a “green” special designated highway on the department’s truck operator’s map.

Sec. 658. It is the intent of the legislature that the department proceed with the reconstruction of the interchange at I-196 and Phoenix Road in South Haven.

Sec. 659. For pavement projects for which there are no Michigan actual historic project maintenance, repair, and resurfacing schedules and costs as recorded by the pavement management system, the department may use actual historical and comparable data for equivalent designs from states with similar climates, soil structures, and vehicle traffic.

Sec. 660. The legislature encourages the department to examine the use of alternative road surface materials, including recycled materials, and to develop criteria and specifications for its use in both department-managed and contracted projects.

Sec. 661. It is the intent of the legislature that the department complete engineering design work and right‑of‑way acquisitions for the proposed expressway project along US-127 from St. Johns in Clinton County to Ithaca in Gratiot County.

COMPREHENSIVE TRANSPORTATION FUND

Sec. 701. Money that is received by the state as a lease payment for state-owned intercity bus equipment is not money to be deposited in the comprehensive transportation fund under section 10b of 1951 PA 51, MCL 247.660b, but is money that is deposited in an intercity bus equipment fund for appropriation for the purchase and repair of intercity bus equipment. Proceeds received by the state from the sale of intercity bus equipment are deposited in an intercity bus equipment fund for appropriation for the purchase and repair of intercity bus equipment. Security deposits from the lease of state-owned intercity bus equipment not returned to the lessee of the equipment under terms of the lease agreement are deposited in an intercity bus equipment fund for appropriation for the repair of intercity bus equipment. At the close of the fiscal year, any funds remaining in the intercity bus equipment fund shall remain in the fund and be carried forward into the succeeding fiscal year.

Sec. 702. Money that is received by the state as repayment for loans made for rail or water freight capital projects, and as a result of the sale of property or equipment used or projected to be used for rail or water freight projects shall be deposited in the fund created by section 17 of the state transportation preservation act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal year, any funds remaining in the rail freight fund shall remain in the fund and be carried forward into the succeeding fiscal year.

Sec. 703. After receiving notification from a railroad company pursuant to section 8 of the state transportation preservation act of 1976, 1976 PA 295, MCL 474.58, the department shall immediately notify the house of representatives and senate appropriations subcommittees on transportation and the state budget office that the railroad company has filed with the appropriate governmental agencies for abandonment of a line.

Sec. 706. The Detroit/Wayne County port authority shall issue a complete operations assessment and a financial disclosure statement. The operations assessment shall include operational goals for the next 5 years and recommendations to improve land acquisition and development efficiency. The report shall be completed and submitted to the house of representatives and senate appropriations subcommittees on transportation, the state budget director, and the house and senate fiscal agencies by February 15 of each fiscal year for the prior fiscal year.

Sec. 708. If funds appropriated in part 1 are used to provide state-owned or state-leased buses to private intercity bus carriers, the department shall charge not less than $1,000.00 per bus per year for their use.

Sec. 709. (1) The following bus routes are designated as an essential corridor in Michigan:

Between St. Ignace and Escanaba US-2

Between Escanaba and Duluth US-2 through Ironwood to the state line

Between Calumet and Escanaba US-41

Between Escanaba and Milwaukee US-41 through Menominee to the state line

Between St. Ignace and Sault Ste. Marie I-75

Between Detroit and Chicago I-94 from Detroit to the state line

Between Detroit and Muskegon I-96

Between Grand Rapids, Holland, and Benton Harbor I-196 to I-94

Between Muskegon and Grand Rapids US-31, I-96

Between Detroit and Bay City I-75

Between Bay City and Mount Pleasant US-10, M-20

Between Jackson and Traverse City US-127, US-27, I-75, Grayling, Gaylord, M-72 to Traverse City

Between Jackson and Indianapolis I-69, I-94 to the state line through Albion, Marshall, and Coldwater

Between Houghton Lake and Cadillac M-55 and M-66

Between Detroit and Toledo I-75 to the state line

Between the Indiana state line and Traverse City US-31 and I-196

Between Detroit and Port Huron I-375 and I-94

Between Toledo and Bay City US-23, I-75, and I-675, I-75

Between Bay City and Chicago I-75, Flint, I-69, I-94, Battle Creek, I-94 to the state line

Between Flint and Lansing I-69, M-21, Owosso, M-52, I-69

Between Bay City and St. Ignace I-75, US-23

Between Grand Rapids and St. Ignace US-131, Cadillac, M-115, Mesick, M-37 to Traverse City, US-31, Acme, M-72, Kalkaska, US-131, Boyne Falls, M-75, Walloon Lake, US-131, Petoskey, US-31, I-75, St. Ignace

Between Kalamazoo and Grand Rapids US-131

(2) Any changes to the essential corridor list in subsection (1) shall be approved by the house and senate appropriations subcommittees on transportation.

(3) No entity shall receive operating assistance for a scheduled regular route service which is competing with another private or public carrier over the same route.

Sec. 711. (1) From the funds appropriated in part 1 from the comprehensive transportation fund for rail passenger service, the department shall negotiate with a rail carrier to provide rail service between Grand Rapids and Chicago and between Port Huron and Chicago, consistent with the other provisions of this section.

(2) The rail carrier shall, as a condition to receiving a state operating subsidy, maintain a system to monitor, collect, and resolve customer complaints and shall make the information available to the department, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies.

(3) Future state support for the service between Grand Rapids and Chicago and Port Huron and Chicago is dependent on the department’s ability to provide a plan and a contract for services that increase ridership and revenue, reduce operating costs, and improve on-time performance.

(4) No state subsidy shall be provided from the funds appropriated in part 1 if the chosen rail carrier is Amtrak and Amtrak discontinued service or any portion of the service between Port Huron and Chicago or Grand Rapids and Chicago during the preceding fiscal year, unless the discontinuance of service was for track maintenance or was caused by acts of God.

Sec. 714. The department, in cooperation with local transit agencies, shall work to ensure that demand-response services are provided throughout Michigan. The department shall continue to work with local units of government to address the unmet transit needs in Michigan.

Sec. 721. For federal transit administration bus acquisition capital grants matched with CTF funds appropriated in part 1, transit agencies shall have 4 years from the federal approval date to carry out their projects. Contract line items unobligated 4 years after the federal approval date may be matched with CTF funds only up to 15% in the fifth and subsequent years. “Unobligated” means any line item in the contract that is not committed to a third party or purchase order. A waiver shall be granted by the department for an additional year with documented justification from the transit agency accompanied by a resolution from the board or authority seeking a waiver. If a transit agency does not carry out a line item activity in a specific authorization and the transit agency requests funds in a new authorization for that same activity, the line item shall be matched at up to 15%. This section applies only to bus acquisition capital grants. Lapsed funds under this section shall remain in the CTF. This section does not take effect if failure to comply with the provisions of this section by a transit agency occurs due to the inability of the state to provide sufficient matching funds for available federal funding earmarked to that transit agency for the purpose of bus capital acquisition. The department shall report to the appropriation subcommittees on transportation of the senate and house of representatives if the state is unable to provide sufficient matching funds for this section to take effect.

Sec. 722. From the funds appropriated in part 1 for transportation to work from the CTF, sufficient funds shall be used as a match for job access reverse commute grants for local transit agencies.

Sec. 729. From the funds appropriated in part 1 for intercity services, $100,000.00 shall be used for lost ridership support and/or marketing efforts to increase awareness of intercity bus service, increase ridership on intercity bus carriers, and improve coordination of intercity bus service in Michigan.

Sec. 731. The department shall charge public transit agencies and intercity bus carriers equal rates per square foot for leasing space in state-owned intermodal facilities.

Sec. 734. (1) The department shall ensure that all public transit agencies provide the highest quality public transit service by moving people in a cost-effective, safe, and user-friendly manner that maintains and attracts residents and businesses.

(2) Public transit agencies receiving funds under part 1 shall do all of the following:

(a) Provide efficient, cost-effective, safe, well-maintained, reliable, customer-driven transportation services.

(b) Provide a quality work environment that has and fulfills employee performance, productivity, and development standards.

(c) Identify and capture all available funding or create cost-effective programs to eliminate debt and have a balanced budget.

(d) Maintain sufficient local and community funding.

(e) Support business development by providing transportation to areas of employment and commerce, emerging or established businesses, and health care facilities.

Sec. 737. It is the intent of the legislature that the department proceed with the construction of a Birmingham/Troy intermodal passenger facility.

Sec. 740. The department shall report by March 1 of each year to the house of representatives and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget director the encumbered and unencumbered balances of the comprehensive transportation fund.

Sec. 741. The department shall report by March 1, 2010 to the house of representatives and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget director on progress made to improve the Ann Arbor and NW Michigan railroad’s track infrastructure for the purpose of supporting passenger train speed of 59 miles per hour.

Sec. 743. The legislature encourages the department to include a hybrid-electric vehicle (HEV) option in all requests for proposal for vehicles up to and including Class 5 purchased by or through the department.

Sec. 744. The legislature encourages local transit agencies to hire or consult with a mobility manager to coordinate transportation services with the needs of the local workforce and low-income or special needs populations. This position should work with economic development agencies, human service professionals, and other stakeholders to ensure that the appropriate transportation resources are available to the community.

AERONAUTICS FUND

Sec. 801. Except as otherwise provided in section 903 for capital outlay, at the close of the fiscal year, any unobligated and unexpended balance in the state aeronautics fund created in the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, shall lapse to the state aeronautics fund and be appropriated by the legislature in the immediately succeeding fiscal year.

CAPITAL OUTLAY

Sec. 901. (1) From federal-state-local project appropriations contained in part 1 for the purpose of assisting political entities and subdivisions of this state in the construction and improvement of publicly used airports and landing fields within this state, the state transportation department may permit the award of contracts on behalf of units of local government for the authorized locations not to exceed the indicated amounts, of which the state allocated portion shall not exceed the amount appropriated in part 1.

(2) Political entities and subdivisions shall provide not less than 2.5% of the cost of any project under this section, unless a total nonfederal share greater than 5% is otherwise specified in federal law. State money shall not be allocated until local money is allocated. State money for any 1 project shall not exceed 1/3 of the total appropriation in part 1 from state funds for airport improvement programs.

(3) The Michigan aeronautics commission may take those steps necessary to match federal money available for airport construction and improvement within this state and to meet the matching requirements of the federal government. Whether acting alone or jointly with another political subdivision or public agency or with this state, a political subdivision or public agency of this state shall not submit to any agency of the federal government a project application for airport planning or development unless it is authorized in this act and the project application is approved by the governing body of each political subdivision or public agency making the application and by the Michigan aeronautics commission.

Sec. 902. Before the end of each fiscal year, the state transportation department shall report to the house and senate appropriations subcommittees on transportation the status of airport improvement projects funded in part 1 with the estimated dollars allocated for each project. If there has to be a delay in reporting, the state transportation department shall notify the house and senate appropriations subcommittees on transportation in writing of the date the report will be received.

Sec. 903. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.

Sec. 904. (1) The director shall allocate lump-sum appropriations made in this bill consistent with statutory provisions and the purposes for which funds were appropriated. Lump-sum allocations shall address priority program or facility needs and may include, but are not limited to, design, construction, remodeling and addition, special maintenance, major special maintenance, energy conservation, and demolition.

(2) The state budget director may authorize that funds appropriated for lump-sum appropriations and designated as work project appropriations shall be available for no more than 3 fiscal years following the fiscal year in which the original appropriation was made. Any remaining balance from allocations made in this section shall lapse to the fund from which it was appropriated pursuant to the lapsing of funds as provided in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

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

Bill Hardiman

Alan L. Cropsey

Glenn Anderson

Conferees for the Senate

Lee Gonzales

Richard LeBlanc

David Agema

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Angerer moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been made available to each Member.

The motion prevailed.

The question being on the adoption of the conference report,

The conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 475 Yeas—108

Agema Durhal Kurtz Proos

Amash Ebli Lahti Roberts

Angerer Elsenheimer LeBlanc Rocca

Ball Espinoza Leland Rogers

Barnett Geiss Lemmons Schmidt, R.

Bauer Genetski Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Nays—0

In The Chair: Byrnes

The Speaker laid before the House the conference report relative to

Senate Bill No. 245, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2010; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

(The conference report was received from the Senate on September 29, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 81, p. 1875.)

The question being on the adoption of the conference report,

Rep. Angerer moved that consideration of the conference report be postponed temporarily.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 4447, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 11n, 15, 18, 20, 20d, 20j, 22a, 22b, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32d, 32l, 32n, 39, 39a, 51a, 51c, 51d, 53a, 54, 54a, 56, 61a, 62, 64, 74, 81, 94a, 98, 99, 101, 104, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1611n, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632l, 388.1632n, 388.1639, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1656, 388.1661a, 388.1662, 388.1664, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 20j, 22a, 22b, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32d, 32l, 39, 39a, 51a, 51c, 51d, 53a, 54, 54a, 56, 61a, 62, 64, 74, 81, 94a, 98, 99, 104, 107, 147, and 164c as amended and section 11n as added by 2008 PA 268, section 8b as amended by 2007 PA 92, section 32n as added by 2007 PA 137, and section 101 as amended by 2006 PA 342; and to repeal acts and parts of acts.

(The conference report was reported by the conference committee on September 24, consideration of which, under the rules, was postponed until September 25.)

(For conference report, see House Journal No. 78, p. 1616.)

The question being on the adoption of the conference report,

Rep. Angerer moved that consideration of the conference report be postponed temporarily.

The motion prevailed.

Messages from the Senate

House Bill No. 5126, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 226 (MCL 330.1226), as amended by 2004 PA 497.

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.

Rep. Angerer moved that Rule 42 be suspended.

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

The question being on concurring in the (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 476 Yeas—108

Agema Durhal Kurtz Proos

Amash Ebli Lahti Roberts

Angerer Elsenheimer LeBlanc Rocca

Ball Espinoza Leland Rogers

Barnett Geiss Lemmons Schmidt, R.

Bauer Genetski Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Nays—0

In The Chair: Byrnes

The House agreed to the full title.

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

House Bill No. 5100, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88b (MCL 125.2088b), as amended by 2008 PA 175.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), 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.

Rep. Angerer moved that Rule 42 be suspended.

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

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Clemente moved to amend the Senate substitute (S-3) as follows:

1. Amend page 2, line 24, by striking out all of subsection (4) and renumbering the remaining subsections.

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

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 477 Yeas—97

Angerer Ebli Lahti Rocca

Ball Elsenheimer LeBlanc Rogers

Barnett Espinoza Leland Schmidt, R.

Bauer Geiss Lemmons Schmidt, W.

Bledsoe Gonzales Lindberg Schuitmaker

Bolger Gregory Lipton Scott, B.

Booher Griffin Liss Scott, P.

Brown, L. Haase Lori Scripps

Brown, T. Haines Lund Segal

Byrnes Hammel Marleau Sheltrown

Byrum Hansen Mayes Simpson

Calley Haugh McDowell Slavens

Caul Hildenbrand Meadows Slezak

Clemente Horn Melton Spade

Constan Huckleberry Meltzer Stamas

Corriveau Jackson Moore Stanley

Coulouris Johnson Moss Switalski

Crawford Jones, Rick Neumann Tlaib

Cushingberry Jones, Robert Opsommer Tyler

Dean Kandrevas Pavlov Valentine

Denby Kennedy Pearce Walsh

DeShazor Knollenberg Polidori Warren

Dillon Kowall Proos Womack

Donigan Kurtz Roberts Young

Durhal

Nays—11

Agema Genetski McMillin Nathan

Amash Green Meekhof Smith

Daley Haveman Miller

In The Chair: Byrnes

The House agreed to the full title.

House Bill No. 5311, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as amended by 2008 PA 158.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

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 provide for a lifetime electronic monitoring program; 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 791.285) by adding section 34a; and to repeal acts and parts of acts.

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

Rep. Angerer moved that Rule 42 be suspended.

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

The question being on concurring in the (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 478 Yeas—108

Agema Durhal Kurtz Proos

Amash Ebli Lahti Roberts

Angerer Elsenheimer LeBlanc Rocca

Ball Espinoza Leland Rogers

Barnett Geiss Lemmons Schmidt, R.

Bauer Genetski Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen McMillin Slavens

Caul Haugh Meadows Slezak

Clemente Haveman Meekhof Smith

Constan Hildenbrand Melton Spade

Corriveau Horn Meltzer Stamas

Coulouris Huckleberry Miller Stanley

Crawford Jackson Moore Switalski

Cushingberry Johnson Moss Tlaib

Daley Jones, Rick Nathan Tyler

Dean Jones, Robert Neumann Valentine

Denby Kandrevas Opsommer Walsh

DeShazor Kennedy Pavlov Warren

Dillon Knollenberg Pearce Womack

Donigan Kowall Polidori Young

Nays—0

In The Chair: Byrnes

The House agreed to the title as amended.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

House Bill No. 4437, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

(The conference report was adopted, motion made to reconsider the vote by which the House adopted the conference report and motion postponed temporarily on September 29, see House Journal No. 81, p. 1778.)

The question being on the motion made previously by Rep. Smith,

Rep. Smith withdrew the motion.

Messages from the Senate

House Bill No. 5223, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3118 and 3120 (MCL 324.3118 and 324.3120), section 3118 as amended by 2008 PA 2 and section 3120 as added by 2004 PA 91.

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

The House agreed to the full title.

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

House Bill No. 5127, entitled

A bill to amend 1988 PA 466, entitled “Animal industry act,” (MCL 287.701 to 287.745) by adding section 46.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2) 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.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, September 30, for her approval of the following bill:

Enrolled House Bill No. 5223 at 7:20 p.m.

Enrolled House Bill No. 5126 at 9:46 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, September 30:

House Bill Nos. 5480 5481 5482 5483 5484 5485 5486 5487 5488 5489

Senate Bill Nos. 879 880 881 882

Explanation of “No” Votes

Rep. Miller, having reserved the right to explain his protest against the passage of Senate Bill No. 777, made the following statement:

“Mr. Speaker and members of the House:

It is ironic to me that on the very day we are struggling to balance the state budget, fund our priorities, and fix a structural deficit problem we are forking over another $25 million dollars in a targeted tax cut to benefit a single enterprise. While advanced battery technology may well be a part of Michigan’s future economy, this carve-out is as much an expenditure of taxpayer resources as any line item in the state budget and one I think we cannot afford right now. Put it into early childhood education instead. “

Introduction of Bills

Rep. Meadows introduced

House Bill No. 5490, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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

Reps. Walsh, Stamas, Crawford, Roy Schmidt, Marleau, Calley, Horn, Lund, Wayne Schmidt, Haveman, Lori, Constan, Kowall, Hildenbrand, Knollenberg, Opsommer and LeBlanc introduced

House Bill No. 5491, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as added by 1999 PA 205.

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

Rep. Johnson introduced

House Bill No. 5492, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 26 of chapter V (MCL 765.26), as amended by 2002 PA 659.

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

Rep. Johnson introduced

House Bill No. 5493, entitled

A bill to license and regulate bail enforcement agents; to provide for certain powers and duties for certain state agencies and law enforcement agencies; to require the obtaining of surety devices by licensees; to provide for the imposition of certain fees and establishment of certain standards of operation of licensees; to provide for the promulgation of rules; and to provide remedies and prescribe penalties.

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

By unanimous consent the House returned to the order of

Reports of Select Committees

House Bill No. 4435, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

(For text of conference report, see House Journal No. 76, p. 1578.)

The Senate has adopted the report of the Committee of Conference.

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

House Bill No. 4437, entitled

(For text of conference report, see House Journal No. 81, p. 1778.)

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

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

House Bill No. 4438, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

(For text of conference report, see House Journal No. 81, p. 1744.)

The Senate has adopted the report of the Committee of Conference.

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

House Bill No. 4446, entitled

A bill to make appropriations for the departments of environmental quality and natural resources for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

(For text of conference report, see House Journal No. 81, p. 1753.)

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

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

The House returned to the consideration of

House Bill No. 4447, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 11n, 15, 18, 20, 20d, 20j, 22a, 22b, 22d, 22e, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32b, 32c, 32d, 32j, 32l, 32n, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 54c, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99a, 99n, 99p, 101, 104, 107, 147, and 164c (MCL 388.1603, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1611n, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1622e, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1629, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632c, 388.1632d, 388.1632j, 388.1632l, 388.1632n, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a, 388.1654c, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1664, 388.1665, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1699a, 388.1699n, 388.1699p, 388.1701, 388.1704, 388.1707, 388.1747, and 388.1764c), sections 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20d, 22a, 22b, 22d, 24, 24a, 24c, 26a, 26b, 29, 31a, 31d, 31f, 32c, 32d, 32j, 32l, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54a, 54c, 56, 57, 61a, 62, 64, 65, 74, 81, 94a, 98, 99, 99p, 104, 107, 147, and 164c as amended and sections 11n, 22e, and 99a as added by 2008 PA 268, section 8b as amended by 2007 PA 92, sections 20, 20j, and 32b as amended by 2008 PA 561, section 32n as added by 2007 PA 137, section 99n as added by 2008 PA 112, and section 101 as amended by 2006 PA 342, and by adding sections 22f, 32a, and 98a; and to repeal acts and parts of acts.

(The conference report was considered earlier today, see today’s Journal, p. 1946.)

The question being on the adoption of the conference report,

The conference report was then not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 479 Yeas—2

Amash McMillin

Nays—106

Agema Ebli Lahti Roberts

Angerer Elsenheimer LeBlanc Rocca

Ball Espinoza Leland Rogers

Barnett Geiss Lemmons Schmidt, R.

Bauer Genetski Lindberg Schmidt, W.

Bledsoe Gonzales Lipton Schuitmaker

Bolger Green Liss Scott, B.

Booher Gregory Lori Scott, P.

Brown, L. Griffin Lund Scripps

Brown, T. Haase Marleau Segal

Byrnes Haines Mayes Sheltrown

Byrum Hammel McDowell Simpson

Calley Hansen Meadows Slavens

Caul Haugh Meekhof Slezak

Clemente Haveman Melton Smith

Constan Hildenbrand Meltzer Spade

Corriveau Horn Miller Stamas

Coulouris Huckleberry Moore Stanley

Crawford Jackson Moss Switalski

Cushingberry Johnson Nathan Tlaib

Daley Jones, Rick Neumann Tyler

Dean Jones, Robert Opsommer Valentine

Denby Kandrevas Pavlov Walsh

DeShazor Kennedy Pearce Warren

Dillon Knollenberg Polidori Womack

Donigan Kowall Proos Young

Durhal Kurtz

In The Chair: Byrnes

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 252.

(For first notice see House Journal No. 81, p. 1920.)

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

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

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

Second Reading of Bills

Senate Bill No. 252, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11j, 17b, 39a, and 147 (MCL 388.1611, 388.1611j, 388.1617b, 388.1639a, and 388.1747), sections 11 and 11j as amended by 2009 PA 73, section 17b as amended by 2007 PA 137, and sections 39a and 147 as amended by 2008 PA 268; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Cushingberry moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 252, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 480 Yeas—67

Angerer Ebli Leland Scott, B.

Barnett Espinoza Lemmons Scripps

Bauer Geiss Lindberg Segal

Bledsoe Gonzales Lipton Sheltrown

Brown, L. Gregory Liss Simpson

Brown, T. Griffin Mayes Slavens

Byrnes Haase McDowell Slezak

Byrum Hammel Meadows Smith

Clemente Haugh Melton Spade

Constan Huckleberry Miller Stanley

Corriveau Jackson Moore Switalski

Coulouris Johnson Nathan Tlaib

Cushingberry Jones, Robert Neumann Valentine

Dean Kandrevas Polidori Warren

Dillon Kennedy Roberts Womack

Donigan Lahti Rocca Young

Durhal LeBlanc Schmidt, R.

Nays—41

Agema Elsenheimer Kowall Pavlov

Amash Genetski Kurtz Pearce

Ball Green Lori Proos

Bolger Haines Lund Rogers

Booher Hansen Marleau Schmidt, W.

Calley Haveman McMillin Schuitmaker

Caul Hildenbrand Meekhof Scott, P.

Crawford Horn Meltzer Stamas

Daley Jones, Rick Moss Tyler

Denby Knollenberg Opsommer Walsh

DeShazor

In The Chair: Byrnes

The question being on agreeing to the title of the bill,

Rep. Angerer moved to amend the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 11j, 17b, and 147 (MCL 388.1611, 388.1611j, 388.1617b, and 388.1747), sections 11 and 11j as amended by 2009 PA 73, section 17b as amended by 2007 PA 137, and section 147 as amended by 2008 PA 268.

The motion prevailed.

The House agreed to the title as amended.

Rep. Angerer 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

Motions and Resolutions

Rep. Angerer moved that when the House adjourns today it stand adjourned until Thursday, October 1, at 12:05 a.m.

The motion prevailed.

______

Rep. Griffin moved that the House adjourn.

The motion prevailed, the time being 11:59 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, October 1, at 12:05 a.m.

RICHARD J. BROWN

Clerk of the House of Representatives

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