No. 64
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Wednesday, August 13, 2003.
1:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Garfield--present Meyer--present Sheen--present
Acciavatti--present Gieleghem--present Middaugh--excused Sheltrown--present
Adamini--present Gillard--present Milosch--present Shulman--present
Amos--present Gleason--present Minore--present Smith--present
Anderson--present Hager--present Moolenaar--present Spade--present
Bieda--present Hardman--present Mortimer--present Stahl--present
Bisbee--present Hart--present Murphy--excused Stakoe--present
Bradstreet--present Hood--present Newell--present Stallworth--present
Brandenburg--present Hoogendyk--excused Nitz--present Steil--present
Brown--present Hopgood--present Nofs--present Stewart--present
Byrum--present Howell--present O'Neil--present Tabor--present
Casperson--present Huizenga--present Paletko--present Taub--present
Caswell--present Hummel--excused Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present
Clack--excused Jamnick--present Pastor--present Vander Veen--present
Condino--present Johnson, Rick--present Phillips--e/d/s Voorhees--present
Daniels--present Johnson, Ruth--present Plakas--present Walker--present
Dennis--present Julian--present Pumford--present Ward--present
DeRoche--present Koetje--present Reeves--e/d/s Waters--present
DeRossett--present Kolb--present Richardville--present Wenke--present
Drolet--present Kooiman--present Rivet--present Whitmer--present
Ehardt--present LaJoy--present Robertson--present Williams--present
Elkins--present LaSata--excused Rocca--present Wojno--present
Emmons--absent Law--present Sak--present Woodward--present
Farhat--present Lipsey--present Shackleton--present Woronchak--present
Farrah--present McConico--present Shaffer--present Zelenko--present
Gaffney--present Meisner--present
e/d/s = entered during session
Rep. Brian Palmer, from the 36th District, offered the following invocation:
"Mighty God, as we reassert our trust in You for the healing of America and our world, we pray for a spiritual renewal. Almighty God, we thank You for the opportunity to serve the people of the state of Michigan. We thank You for Your blessings as we begin this legislative day. We ask that You work powerfully through the chamber, so that we, Your servants, may preserve and protect all of the citizens of this state. Enlighten us to uphold Your principles and to give each of us, the will and the wisdom to strive continually for the greater good of people who will be impacted by our actions. Almighty God, let us remember how privileged we are to live in a country where freedom and democracy are truly a direct result of Your blessings. Without You, O Lord, democracy cannot and will not long endure. Allow us never to forget we are one nation under God. Lord, only You know the true needs of each and every person throughout this state. We ask that You provide those in need of food enough to eat; those in need of health, Your healing touch; and those in need of direction, Your guidance. Let us remember the meaning of sacrifice and how Your son, Jesus Christ, provided himself the ultimate sacrifice for us. His mother, the Blessed Virgin Mary, continues to intercede for our protection. Lord, as one of Your servants, Abraham Lincoln recognized we could not survive as a free land, when some men could decide that others are not fit to be free. Likewise, we cannot survive as a free nation today, when some men decide others are not fit to live and should be abandoned to euthanasia, abortion or infanticide. We pray to You with wisdom for all men and women to understand there is no cause more important than allowing the right to life of all human beings, the right without which no other rights have any meaning. Heavenly Father, we ask that You send forth Your spirit upon the members of this House and enkindle within us, the fire of Your great love. Give us the wisdom in our deliberations and the courage to guide us. In the name of Jesus Christ, our Lord, we pray. Amen."
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Rep. Waters moved that Reps. Clack and Murphy be excused from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Hoogendyk, Hummel, LaSata and Middaugh be excused from today's session.
The motion prevailed.
The Speaker assumed the Chair.
Motions and Resolutions
The Speaker, on behalf of the entire membership, offered the following resolution:
House Resolution No. 111.
A resolution offered as a memorial for the Honorable Melvin DeStigter.
Whereas, It is with the utmost sorrow that the members of the Michigan House of Representatives mourn the passing of Melvin DeStigter, an individual who exemplified the spirit of public service and integrity as a former member and Clerk of the Michigan House of Representatives. Indeed, Mel DeStigter was instrumental in the growth and development of the House of Representatives as a modern and highly professional institution. His 14-year tenure in this legislative body followed the adoption of the 1963 Constitution and the host of social and political changes that created a new era in Michigan's political history. Mel DeStigter is synonymous with the changes that molded this august body and the role it plays in our system of self government; and
Whereas, Mel DeStigter was born in Sioux Center, Iowa, received his A.B. degree from Calvin College, and engaged in graduate work at the University of Michigan. He served in the United States Army and was a teacher and member of the Hudsonville City Council before his first election to the House of Representative in 1964; and
Whereas, Character, it is said, is a mark of an individual with a brave outlook and a warmth of heart. Mel DeStigter's character was clearly evidenced by his seven terms as a member of the Michigan House of Representatives, his 14 years of service as Assistant Clerk, and, particularly, his service as Co-Clerk during the Shared Power Agreement. In 1995, Mel DeStigter was named Clerk of the House. He retired in 1996 following 32 years of service with the House; and
Whereas, Mel DeStigter touched many lives during his long and productive tenure. He was known as a highly effective and conscientious legislator, an astute parliamentarian, and, above all, a loving and caring family man. He will be missed; now, therefore, be it
Resolved by the House of Representatives, That a unanimous accolade of tribute be offered as a memorial to Melvin DeStigter; and be it further
Resolved, That a copy of this resolution be presented to Mel DeStigter's wife and family as evidence of our heartfelt sorrow and best wishes.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
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The Speaker Pro Tempore resumed the Chair.
Second Reading of Bills
House Bill No. 4737, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8727, 8729, 8731, 8733, 8735, 8827, 8829, and 8835 (MCL 600.8727, 600.8729, 600.8731, 600.8733, 600.8735, 600.8827, 600.8829, and 600.8835), sections 8727, 8729, 8731, and 8733 as added by 1994 PA 12 and sections 8735, 8827, 8829, and 8835 as added by 1995 PA 54.
The bill was read a second time.
Rep. Bieda moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Bieda moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 4737, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8727, 8729, 8731, 8733, 8735, 8827, 8829, and 8835 (MCL 600.8727, 600.8729, 600.8731, 600.8733, 600.8735, 600.8827, 600.8829, and 600.8835), sections 8727, 8729, 8731, and 8733 as added by 1994 PA 12 and sections 8735, 8827, 8829, and 8835 as added by 1995 PA 54.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 505 Yeas--101
Accavitti Garfield Meyer Shulman
Acciavatti Gieleghem Milosch Smith
Adamini Gillard Minore Spade
Amos Gleason Moolenaar Stahl
Anderson Hager Mortimer Stakoe
Bieda Hardman Newell Stallworth
Bisbee Hart Nitz Steil
Bradstreet Hood Nofs Stewart
Brandenburg Hopgood O'Neil Tabor
Brown Howell Paletko Taub
Byrum Huizenga Palmer Tobocman
Casperson Hune Palsrok Vagnozzi
Caswell Hunter Pappageorge Van Regenmorter
Caul Jamnick Pastor Vander Veen
Cheeks Johnson, Rick Plakas Voorhees
Condino Johnson, Ruth Pumford Walker
Daniels Julian Richardville Ward
Dennis Koetje Rivet Waters
DeRoche Kolb Robertson Wenke
DeRossett Kooiman Rocca Whitmer
Drolet LaJoy Sak Williams
Ehardt Law Shackleton Wojno
Elkins Lipsey Shaffer Woodward
Farhat McConico Sheen Woronchak
Farrah Meisner Sheltrown Zelenko
Gaffney
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Richardville moved to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2529, 5756, 8371, and 8731 (MCL 600.2529, 600.5756, 600.8371, and 600.8731), sections 2529, 5756, and 8371 as amended by 2003 PA138 and section 8731 as amended by 2003 PA 95.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4967, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 1 (MCL 46.351), as amended by 2000 PA 496.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Rocca moved to amend the bill as follows:
1. Amend page 3, line 11, after "not" by striking out "less than 30" and inserting "more than 60".
2. Amend page 3, line 13, after "not" by striking out "less than 30" and inserting "more than 60".
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 506 Yeas--81
Accavitti Gieleghem Mortimer Sheltrown
Acciavatti Gleason Newell Shulman
Amos Hager Nitz Spade
Bieda Hood Nofs Stahl
Bisbee Hopgood O'Neil Stakoe
Bradstreet Howell Paletko Steil
Brandenburg Huizenga Palmer Stewart
Brown Hune Palsrok Tabor
Byrum Johnson, Rick Pappageorge Taub
Casperson Johnson, Ruth Pastor Vagnozzi
Caswell Julian Plakas Van Regenmorter
Caul Koetje Pumford Vander Veen
Condino Kolb Richardville Voorhees
DeRoche Kooiman Rivet Walker
DeRossett LaJoy Robertson Ward
Drolet Law Rocca Waters
Ehardt Meisner Sak Wenke
Farhat Meyer Shackleton Wojno
Farrah Milosch Shaffer Woodward
Gaffney Moolenaar Sheen Woronchak
Garfield
Nays--18
Adamini Gillard McConico Tobocman
Anderson Hardman Minore Whitmer
Cheeks Hunter Smith Williams
Daniels Jamnick Stallworth Zelenko
Elkins Lipsey
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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Reps. Reeves and Phillips entered the House Chambers.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, July 16:
Senate Bill Nos. 611 612 613 614 615 616 617 618
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, July 18:
House Bill Nos. 4986 4987 4988 4989 4990 4991 4992 4993 4994 4995 4996 4997 4998 4999 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009
The Clerk announced the enrollment printing and presentation to the Governor on Monday, July 21, for her approval of the following bills:
Enrolled House Bill No. 4192 at 1:29 p.m.
Enrolled House Bill No. 4515 at 1:31 p.m.
Enrolled House Bill No. 4517 at 1:33 p.m.
Enrolled House Bill No. 4704 at 1:35 p.m.
Enrolled House Bill No. 4708 at 1:37 p.m.
Enrolled House Bill No. 4806 at 1:39 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, July 22, for her approval of the following bills:
Enrolled House Bill No. 4146 at 1:00 p.m.
Enrolled House Bill No. 4218 at 1:02 p.m.
Enrolled House Bill No. 4248 at 1:04 p.m.
Enrolled House Bill No. 4866 at 1:06 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, July 23, for her approval of the following bills:
Enrolled House Bill No. 4154 at 3:16 p.m.
Enrolled House Bill No. 4388 at 3:18 p.m.
Enrolled House Bill No. 4391 at 3:20 p.m.
Enrolled House Bill No. 4748 at 3:22 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Friday, July 25, for her approval of the following bills:
Enrolled House Bill No. 4390 at 11:23 a.m.
Enrolled House Bill No. 4396 at 11:25 a.m.
Enrolled House Bill No. 4400 at 11:27 a.m.
The Clerk announced the enrollment printing and presentation to the Governor on Monday, July 28, for her approval of the following bills:
Enrolled House Bill No. 4392 at 4:07 p.m.
Enrolled House Bill No. 4401 at 4:09 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, August 5, for her approval of the following bill:
Enrolled House Bill No. 4393 at 10:33 a.m.
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, August 13, for her approval of the following bill:
Enrolled House Bill No. 4945 at 3:12 p.m.
Messages from the Governor
The following line items veto message from the Governor was received and read:
Executive Office, Lansing, August 11, 2003
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48909
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 4392, the fiscal year 2004 Department of Community Health appropriation. However, I am returning it to you because of items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific items vetoed are contained within the attached copy of the bill that has been filed with the Secretary of State.
This bill appropriates nearly $9.5 billion, an amount which represents a significant commitment to the health of Michigan's citizens. Highlights of the bill include:
* The appropriation of $6.5 billion to support the Medicaid program, including Children's Special Health Care Services, which provides health care for nearly 1.3 million low income residents of Michigan. I commend you for protecting this essential program from major budgetary reductions, even in this constrained economy.
* The provision of over $2.1 billion to support mental health and substance abuse services. The continuation of this significant level of funding will support quality care for those most in need.
* The appropriation of over $644 million for other public health and aging programs.
I have vetoed the following appropriations for the reasons noted below.
Section 853 has been vetoed to avoid jeopardizing federal funding for the State's bioterrorism efforts. The State's existing cooperative agreement with the Centers for Disease Control and Prevention (CDCP) did not include this $1 million allocation for the Michigan State University multi-species laboratory. CDCP has expressed concern that this new allocation would preclude the State from achieving the critical objectives as specified in the cooperative agreement.
I have vetoed section 1628, which exempted recipients of Children's Special Health Care Services from prior authorization for prescription drugs. Prior authorization offers patient protections that children's advocacy groups would like to see extended to this population. I am in agreement and have therefore vetoed this language.
Section 1630 has been vetoed because it restored funding for hearing aid, podiatric, and chiropractic services. These services were reluctantly excluded from my Executive Recommendation as part of the Adult Benefits Waiver, which wasdesigned to protect eligibility while constraining costs. Restoration of these services in not supportable in this time of austerity.
I have vetoed section 1716 because it constrains the State's ability to modify the Adult Benefits Waiver proposal, if necessary, as part of negotiations with the Federal government or in response to unforeseen future needs.
While I have found it necessary to make modifications to the bill you sent me, I have concurred with the vast majority of your budget actions. I appreciate the Legislature's cooperation in the development of a particularly difficult budget and your sincere effort to be fiscally responsible in this time of restricted revenue.
Sincerely,
Jennifer Granholm
Governor
The bill was signed by the Governor August 10, 2003, at 9:35 p.m.
The bill was filed with the Secretary of State, August 11, 2003, at 3:44 p.m. and assigned Public Act No. 159, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Richardville moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
The following line item veto message from the Governor was received and read:
Executive Office, Lansing, August 5, 2003
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48909
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 4396, which provides fiscal year 2003 supplemental funding and the fiscal year 2004 appropriations for state universities and student financial aid. However, I am returning it to you because of one item of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific veto is contained in the attached copy of the bill, which has been filed with the Secretary of State.
Total fiscal year 2004 appropriations in this bill are $1.79 billion; this amount includes state university operations funding of $1.46 billion. For 11 universities this funding reflects a 6.7 percent reduction from fiscal year 2003 state support. The bill allocates $9.5 million to implement a per-student funding floor of $3,890 benefiting Central Michigan University, Grand Valley State University, Oakland University, and Saginaw Valley State University.
The bill also includes a fiscal year 2003 supplemental of $7 million in one-time funding for state university operations.
Funding totaling $261.7 million is provided for student scholarships and grants, including: $130 million to fund Michigan Merit Awards at the current award level of $2,500; $66.8 million for tuition grants for students attending private colleges; $35.5 million for state competitive scholarships; $9.25 million for grants under the Tuition Incentive Program which provides assistance for low-income Medicaid-eligible students to attend college; and, $4 million to continue the nursing scholarship program begun this year.
I have vetoed $82,500 for Midwestern Higher Education Compact dues contained in this bill. If Michigan higher education institutions desire to continue membership in the Compact, they may coordinate the payment of the annual dues through their statewide organizations.
I thank the Legislature for your support for our state universities and for student financial aid programs during difficult budget times.
Sincerely,
Jennifer M. Granholm
Governor
The bill was signed by the Governor August 5, 2003, at 7:10 p.m.
The bill was filed with the Secretary of State, August 6, 2003, at 2:12 p.m. and assigned Public Act No. 144, I.E.
The question being on the passage of the disapproved item, the objections of the Governor to the contrary notwithstanding,
Rep. Richardville moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
The following line items veto message from the Governor was received and read:
Executive Office, Lansing, August 7, 2003
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48933
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 4400, the fiscal year 2004 appropriations bill for the Department of Natural Resources. However, I am returning it to you because of three items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific vetoes are contained in the attached copy of the bill, which has been filed with the Secretary of State.
My action today completes the fiscal year 2004 budget for the Department of Natural Resources, and:
* Includes $18.0 million in support for the payment in lieu of taxes program. I encourage the Legislature to continue efforts to identify a long-term solution to the ongoing funding problem for taxes of state lands.
* Replaces General Fund support of the State Parks with $6.0 million in Park Endowment Funds and $2.5 million for increased motor vehicle entry permits.
* Provides an additional $4.0 million in federal support to assist in Emerald Ash Borer reforestation efforts.
* Provides an additional $1.0 million in Snowmobile Trail Improvement Funds for local snowmobile grants.
My action today also vetoes three items with which I do not concur. I have vetoed boilerplate section 603 that appropriates $22,100 for a grant to complete the Big Rapids river walk project, as restricted fund resources have already been made available for this project in Enrolled Senate Bill 540.
I have vetoed funding for a Sebewaing Harbor Commission Flood Control Grant, as this project should be considered for State Waterways funding support through the regular competitive grant-in-aid process.
I have also vetoed $20,000 for the Bennett Arboretum, as this project should be considered for funding through the regular competitive Urban Forestry Grants program.
Finally, I believe that section 407 is legally unenforceable, since it attempts to modify the fee paid to retailers for credit card license sales without amending the existing law governing retailer fees (MCL 324.43541).
I commend the Legislature for its cooperation in finalizing the Fiscal Year 2004 budget for the Department of Natural Resources.
Sincerely,
Jennifer M. Granholm
Governor
The bill was signed by the Governor August 7, 2003, at 4:00 p.m.
The bill was filed with the Secretary of State, August 8, 2003, at 10:40 a.m. and assigned Public Act No. 147, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Richardville moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
The following line items veto message from the Governor was received and read:
Executive Office, Lansing, August 11, 2003
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48909
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 4401, the supplemental school aid bill for fiscal years 2003 and 2004. However, I am returning it to you because of several items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific vetoes are contained in the attached copy of the bill, which has been filed with the Secretary of State.
Enrolled House Bill 4401 appropriates over $12.5 billion for fiscal year 2004 to support K-12 education in Michigan, $11.2 billion in state funds and $1.3 billion in federal funds.
This budget truly demonstrates that education remains Michigan's top priority. In the face of declining state revenues, we continue to demonstrate our strong mutual commitment to the education of our children. Together, we have succeeded in maintaining a minimum per-pupil foundation allowance for school operating purposes of $6,700, at a cost of $9.7 billion. We have protected funding for At-Risk programs, School Readiness grants, and Class-Size Reduction grants. I also commend the Legislature for recognizing the importance of preschool activities by approving the Intermediate School District -operated early literacy and parent involvement program that will provide valuable services to children between the ages of 0-5.
Another notable item of agreement in this budget is the creation of the School Aid Stabilization Fund. This action was instrumental in Standard & Poor's recent decision to reaffirm Michigan's AAA bond rating. The anticipated deposit of $73 million into this savings account will help protect school funding if School Aid Fund revenues decline below projections.
My action today provides for the veto of several items contained in Enrolled House Bill 4401. Because Enrolled House Bill 4401 is a supplemental appropriations bill for fiscal year 2004, the impact of several of my vetoes will be to restore current law provisions.
I have vetoed amendatory language in Section 20(20) that stops the annual $15 million supplemental payment to Detroit Public Schools at the end of fiscal year 2003. Existing language clearly indicates that this supplemental funding is intended to continue as long as the reform board remains in place. I intend to honor that commitment.
I have vetoed Section 94a, provisions related to the Center for Educational Performance and Information (CEPI). The Legislature reduced operating funds significantly below my original Executive Recommendation, while earmarking $1.5 million for a specific vendor. The impact of my veto is to restore operations funding for CEPI to the $4.5 million in current law for fiscal year 2004. I have directed the State Budget Director to work with the Legislature to negotiate a lesser, but sufficient, amount of operating funds for CEPI for all of the functions identified in pending Senate Bill 365.
I have vetoed Section 55a, a new $50,000 grant to Grand Valley State University for the Conductive Learning Center. Since Grand Valley State University received a substantial funding increase in the fiscal year 2004 higher education budget, I encourage them to fund this endeavor from their own resources.
I have vetoed the following district-specific provisions because they authorize differential treatment for select districts: Sections 22d, 22e and 107(16).
While I cannot veto the provisions of section 101 regarding minimum days and hours of instruction without vetoing the entire school aid budget, I am asking the Legislature to revisit this issue. Changes made by the Legislature eliminate the requirement that school districts provide a minimum of 180 school days per year. Only the required minimum of 1,098 hours of instruction per year is maintained. Ostensibly, the purpose of this change is to provide districts with more flexibility; however, districts currently have the ability to apply to the Department of Education for a waiver of the minimum number of school days. If districts use the maximum number of exempted hours authorized in this bill, they would only have to provide 1,017 hours of instruction or up to 11 days less than the 180 days now required. This provision allows school districts, regardless of size, or the impact on student achievement, or the impact on parents, to shorten the school year as a money-saving technique. Like the Legislature, I have been hearing from many concerned parents. I ask that the Legislature re-examine the need for these sweeping changes. Research indicates that more time-on-task is needed to improve student achievement, not less.
I commend the Legislature for your hard work on behalf of Michigan's children.
Sincerely,
Jennifer M. Granholm
Governor
The bill was signed by the Governor August 10, 2003, at 9:15 p.m.
The bill was filed with the Secretary of State, August 11, 2003, at 3:42 p.m. and assigned Public Act No. 158, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Richardville moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Richardville moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.
The motion prevailed.
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Rep. Richardville moved that when the House adjourns today it stand adjourned until Tuesday, September 23, at 1:00 p.m.
The motion prevailed.
Messages from the Senate
House Bill No. 4087, entitled
A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding part 317.
The Senate has concurred in the House amendment to the Senate substitute (S-4) 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. 4453, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 68 (MCL 38.1368).
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. 4945, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending sections 3, 17, 20, and 64 (MCL 421.3, 421.17, 421.20, and 421.64), sections 3 and 20 as amended by 2002 PA 192, section 17 as amended by 1996 PA 535, and section 64 as amended by 1993 PA 275.
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.
Messages from the Governor
The following message from the Governor was received July 30, 2003 and read:
EXECUTIVE ORDER
No. 2003 - 8
GOVERNOR'S COUNCIL OF ECONOMIC ADVISORS
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
WHEREAS, Article V, Section 1 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 1 of 1931 PA 195, MCL 10.51, authorizes and empowers the Governor, at such times and for such purposes as the Governor deems necessary or advisable, to create special advisory bodies consisting of as many members as the Governor deems appropriate;
WHEREAS, there is a continuing need to improve the economy of the State of Michigan and to encourage actions that increase employment and business activity;
WHEREAS, the Governor of the State of Michigan is continually faced with policy decisions that impact the economy;
WHEREAS, it is crucial that the Governor is able to access the best advice and latest findings in making economic policy decisions;
WHEREAS, a council of economic advisors drawn from members of academia, business, labor, and government can monitor economic conditions, provide an informed view of the economic impact of policy decisions, and make recommendations to the Governor on economic issues;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the powers vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:
I. GOVERNOR'S COUNCIL OF ECONOMIC ADVISORS
A. The Governor's Council of Economic Advisors ("Council") is created as an advisory body within the Department of Consumer and Industry Services.
B. The Governor shall appoint 47 members to the Council. Of the initial members appointed by the Governor, 16members shall be appointed to 2-year terms, 16 members shall be appointed to 3-year terms, and 15 members shall be appointed to 4-year terms. After the initial appointments, members of the Council shall be appointed to 4-year terms. A vacancy on the Council shall be filled in the same manner as the original appointment.
C. The Director of the Department of Consumer and Industry Services, the Chief Executive Officer of the Michigan Economic Development Corporation, and the State Treasurer, or their designees, shall serve as ex officio, non-voting members of the Council.
II. CHARGE TO THE COUNCIL
A. The Council shall act in an advisory capacity to the Governor and shall do all of the following:
1. Gather timely and authoritative information concerning economic developments and economic trends, both current and prospective, including but not limited to the current and projected economic outlook for the State of Michigan, the region, the nation, and the international economy.
2. Analyze and interpret economic development and economic trends for the purpose of determining whether the trends interfere, or are likely to interfere, with the achievement of economic policy objectives.
3. Evaluate the various programs and activities of state government to determine the extent they contribute, and the extent they impede, the achievement of economic policy objectives that have a significant positive economic impact for Michigan residents, businesses, and workers.
4. Develop and recommend to the Governor economic policies that promote job creation and economic growth and that diminish the effect of economic fluctuation.
5. Provide other information or advice regarding the economy or economic policy as requested by the Governor.
III. OPERATIONS OF THE COUNCIL
A. The Director of the Department of Consumer and Industry Services, or his or her designee, shall serve as the Chairperson of the Council.
B. The Chairperson shall select from among the members of the Council a Vice-Chairperson and a Secretary. Council staff shall assist the Secretary with recordkeeping responsibilities.
C. The Council shall be staffed by personnel from and be assisted by the Department of Consumer and Industry Services.
D. The Council may adopt procedures, not inconsistent with Michigan law and this Order, governing its organization and operations. The Council may establish committees and request public participation on advisory panels as it deems necessary.
E. The Council shall meet at the call of the Chairperson, the Vice-Chairperson, or other designee of the Chairperson, and as may be provided in procedures adopted by the Council.
F. The Council shall act by a majority vote of its serving members. A majority of the members present and voting constitutes a quorum for the transaction of business of the Council at a meeting.
G. In developing recommendations, the Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may consult with outside experts in order to perform its duties, including but not limited to experts in the private sector, organized labor, government agencies, and institutions of higher education.
H. Members of the Council shall serve without compensation. Members of the Council may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available appropriations.
I. The Council may hire or retain such contractors, sub-contractors, advisors, consultants and agents, and may make andenter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its dutiesas the Director of the Department of Consumer and Industry Services deems advisable and necessary, in accordance withthe relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.
J. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.
K. Members of the Council shall refer all legal, legislative, and media contacts to the Director of the Department of Consumer and Industry Services.
IV. MISCELLANEOUS
A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Council, or to any member or representative of the Council, any necessary assistance required by the Council, or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Council.
B. The invalidity of any portion of this Order shall not affect the validity of the remainder the order.
This Order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 30th day of July, 2003.
Jennifer M. Granholm
Governor
By the Governor:
Terri Land
Secretary of State
The message was referred to the Clerk.
The following message from the Governor was received July 30, 2003 and read:
EXECUTIVE ORDER
No. 2003 - 9
COMMITTEE ON JUVENILE JUSTICE
FAMILY INDEPENDENCE AGENCY
AMENDMENT OF EXECUTIVE ORDER No. 1993 - 14
WHEREAS, on July 27, 1993, the Committee on Juvenile Justice was established by Executive Order 1993-4, which was subsequently amended by Executive Orders 1994-8 and 1997-11;
WHEREAS, it is necessary to further amend Executive Order 1993-14 so that the composition of the Committee on Juvenile Justice conforms to the requirements of federal law and reflects both the size and diversity that enables the most effective fulfillment of the Committee's mission;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant of the powers vested in me by the Michigan Constitution of 1963 and Michigan law, order that Executive Order 1993-14 be amended to read as follows:
WHEREAS, on May 7, 1976, the Advisory Committee on Juvenile Justice was established by Executive Order 1976-6;
WHEREAS, on February 6, 1990, the Committee on Juvenile Justice was re-established within the Department of Management and Budget by Executive Order 1990-4;
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which the Governor considers necessary for efficient administration;
WHEREAS, Congress enacted the Juvenile Justice and Delinquency Prevention Act of 1974, 42 USC 5601 to 5785 ("Act"), to provide a comprehensive and coordinated approach to the problems of juvenile delinquency and a funding mechanism for projects and programs intended to reduce and prevent delinquency;
WHEREAS, the Act makes funds available to participating states to assist in planning, establishing, operating, coordinating and evaluating, either directly or through grants to or contracts with public or private agencies, projects to improve education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile justice;
WHEREAS, 42 USC 5633(a)(3) requires that any state receiving money create an advisory group, appointed by the chief executive officer of the state, in order to advise the state planning agency on juvenile justice and delinquency prevention matters and to advise the state planning agency on the award of grants to state and local government and private non-profit agencies and colleges and universities;
WHEREAS, it is in the best interests of the State of Michigan to have the advice of a committee constituted to review and recommend policy in the area of reducing juvenile delinquency and improving the state's system of juvenile justice;
NOW THEREFORE, pursuant to the Michigan Constitution of 1963, Michigan law, and the Act, it is ordered:
I. CREATION OF COMMITTEE ON JUVENILE JUSTICE
A. The Committee on Juvenile Justice ("Committee") is created as an advisory body within the Family Independence Agency ("Department"). The Department is designated as the state agency responsible for the supervision, preparation, and administration of the comprehensive Juvenile Justice and Delinquency Prevention Plan required by the Act ("Plan"). The Director of the Department shall provide appropriate staff support for the Committee.
II. RECISSION OF EXECUTIVE ORDERS
A. Executive Orders 1976-6 and 1990-4 are rescinded. The rescissions are effective as of the date of this Order. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of Management and Budget Grant Management Division, "The State Planning Agency," are transferred to the Family Independence Agency. Appropriate staff and equipment are transferred from the Department of Management and Budget to the Family Independence Agency.
III. COMMITTEE MEMBERSHIP
A. The Governor shall appoint a Committee on Juvenile Justice consisting of 23 members. Members appointed shall have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency. The members of the Committee shall be appointed for terms of 3 years. Members appointed shall include representatives of all of the following:
1. At least 1 local elected official representing general purpose local government.
2. At least 2 representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers.
3. At least 2 representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services.
4. At least 2 representatives of nonprofit organizations, including persons with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children.
5. At least 2 volunteers who work with delinquents or potential delinquents.
6. At least 2 youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities.
7. At least 2 persons with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion.
8. At least 2 persons with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence.
B. Of the members appointed, a majority of the members may not be full-time employees of federal, state, or local government. At least one-fifth of the members appointed shall be under the age of 24 at the time of appointment. At least 3 of the members appointed must have been or must be at the time of appointment under the jurisdiction of the juvenile justice system. A vacancy on the Committee shall be filled in the same manner as the original appointment.
C. The Governor shall designate a chairperson of the Committee. A quorum shall consist of a majority of the members serving.
D. Members of the Committee shall receive no compensation for their services as members and may be reimbursed only for those actual expenses incurred which are reimbursable under the laws, rules, and practices of the state, subject to available appropriations.
IV. CHARGE TO THE COMMITTEE
A. The Committee shall do all of the following:
1. Participate in the development and review of the federally-required Juvenile Justice and Delinquency Prevention Plan.
2. Advise the Department, its Director, and the Governor on matters relating to the juvenile justice system in this state.
3. Submit at least annually to the Governor and the Legislature recommendations regarding state compliance with federal program requirements under the Act.
4. Contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system.
B. The Committee shall be afforded an opportunity to review and comment, not later than 30 days after submission, on all juvenile justice and delinquency prevention grant applications submitted to the Department.
C. The Committee may:
1. Participate in monitoring state compliance with federal program requirements as requested by the Department.
2. Advise on local criminal justice advisory board composition.
3. Review progress and accomplishments of projects funded under the Plan.
This Order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 30th day of July, 2003.
Jennifer M. Granholm
Governor
By the Governor:
Terri Land
Secretary of State
The message was referred to the Clerk.
Date: July 21, 2003
Time: 3:00 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4125 (Public Act No. 62, I.E.), being
An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 10102 and 10104 (MCL 333.10102 and 333.10104).
(Filed with the Secretary of State July 22, 2003, at 9:20 a.m.)
Date: July 21, 2003
Time: 3:02 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4126 (Public Act No. 63, I.E.), being
An act to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending sections 1106, 5506, 5507, 5508, and 5510 (MCL 700.1106, 700.5506, 700.5507, 700.5508, and 700.5510), section 1106 as amended by 2000 PA 463.
(Filed with the Secretary of State July 22, 2003, at 9:22 a.m.)
Date: July 21, 2003
Time: 3:04 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4224 (Public Act No. 64, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 628 (MCL 257.628), as amended by 2000 PA 167.
(Filed with the Secretary of State July 22, 2003, at 9:24 a.m.)
Date: July 21, 2003
Time: 3:06 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4133 (Public Act No. 65, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 628 (MCL 257.628), as amended by 2000 PA 167.
(Filed with the Secretary of State July 22, 2003, at 9:26 a.m.)
Date: July 21, 2003
Time: 3:08 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4238 (Public Act No. 66, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 622 (MCL 257.622), as amended by 1991 PA 168.
(Filed with the Secretary of State July 22, 2003, at 9:28 a.m.)
Date: July 21, 2003
Time: 3:10 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4479 (Public Act No. 67, I.E.), being
An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 10102a (MCL 333.10102a), as added by 1986 PA 186.
(Filed with the Secretary of State July 22, 2003, at 9:30 a.m.)
Date: July 21, 2003
Time: 3:12 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4524 (Public Act No. 68, I.E.), being
An act to amend 1984 PA 431, entitled "An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts," by amending section 361 (MCL 18.1361).
(Filed with the Secretary of State July 22, 2003, at 9:32 a.m.)
Date: July 21, 2003
Time: 3:14 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4606 (Public Act No. 69, I.E.), being
An act to amend 1976 PA 388, entitled "An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending section 6 (MCL 169.206), as amended by 1995 PA 264.
(Filed with the Secretary of State July 22, 2003, at 9:34 a.m.)
Date: July 21, 2003
Time: 3:16 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4732 (Public Act No. 70, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 760.1 to 777.69) by adding section 1j to chapter IX.
(Filed with the Secretary of State July 22, 2003, at 9:36 a.m.)
Date: July 21, 2003
Time: 3:18 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4733 (Public Act No. 71, I.E.), being
An act to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties," by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 2000 PA 55, and by adding section 18m to chapter XIIA.
(Filed with the Secretary of State July 22, 2003, at 9:38 a.m.)
Date: July 21, 2003
Time: 3:20 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4735 (Public Act No. 72, I.E.), being
An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," (MCL 600.101 to 600.9948) by adding section 185.
(Filed with the Secretary of State July 22, 2003, at 9:40 a.m.)
Date: July 21, 2003
Time: 3:22 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4736 (Public Act No. 73, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 629e and 907 (MCL 257.629e and 257.907), section 629e as amended by 2001 PA 213 and section 907 as amended by 2002 PA 534.
(Filed with the Secretary of State July 22, 2003, at 9:42 a.m.)
Date: July 21, 2003
Time: 3:24 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4741 (Public Act No. 74, I.E.), being
An act to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties," by amending section 29 of chapter XIIA (MCL 712A.29), as added by 1993 PA 344.
(Filed with the Secretary of State July 22, 2003, at 9:44 a.m.)
Date: July 21, 2003
Time: 3:26 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4743 (Public Act No. 75, I.E.), being
An act to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 36 (MCL 791.236), as amended by 1999 PA 271.
(Filed with the Secretary of State July 22, 2003, at 9:46 a.m.)
Date: July 21, 2003
Time: 3:28 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4745 (Public Act No. 76, I.E.), being
An act to amend 1990 PA 250, entitled "An act to provide for a DNA identification profiling system; to provide for the collection of samples from certain prisoners, convicted offenders, and juvenile offenders and the analysis of those samples; and to prescribe the powers and duties of certain state departments and county agencies," by amending section 6 (MCL 28.176), as amended by 2001 PA 87.
(Filed with the Secretary of State July 22, 2003, at 9:48 a.m.)
Date: July 21, 2003
Time: 3:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4746 (Public Act No. 77, I.E.), being
An act to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of thefamily division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties," by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 2001 PA 91.
(Filed with the Secretary of State July 22, 2003, at 9:50 a.m.)
Date: July 21, 2003
Time: 3:32 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4749 (Public Act No. 78, I.E.), being
An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," (MCL 600.101 to 600.9948) by adding section 175.
(Filed with the Secretary of State July 22, 2003, at 9:52 a.m.)
Date: July 21, 2003
Time: 3:34 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4750 (Public Act No. 79, I.E.), being
An act to amend 1988 PA 260, entitled "An act to create the community dispute resolution program; to create the community dispute resolution fund; to establish criteria for funding and participation in the program; to provide for the administration of the program; to authorize pilot projects; to require the reporting of certain statistical data; and to repeal certain parts of this act on specific dates," by amending section 10 (MCL 691.1560), as amended by 1993 PA 286.
(Filed with the Secretary of State July 22, 2003, at 9:54 a.m.)
Date: July 24, 2003
Time: 10:48 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4866 (Public Act No. 110, I.E.), being
An act to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance, sale, and refunding of bonds, notes, or commercial paper of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," by amending section 3 (MCL 388.983), as amended by 1991 PA 64.
(Filed with the Secretary of State July 24, 2003, at 11:52 a.m.)
Date: July 29, 2003
Time: 10:59 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4582 (Public Act No. 115, I.E.), being
An act to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," by amending section 16c (MCL 490.16c), as added by 2002 PA 184.
(Filed with the Secretary of State July 29, 2003, at 11:40 a.m.)
Date: July 29, 2003
Time: 11:01 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4657 (Public Act No. 116, I.E.), being
An act to amend 1984 PA 44, entitled "An act to provide purity and quality standards for motor fuels; to regulate the transfer, sale, dispensing, or offering motor fuels for sale; to provide for an inspection and testing program; to provide for the powers and duties of certain state agencies; to provide for the licensing of certain persons engaged in the transfer, sale, dispensing, or offering of motor fuels for sale; to regulate stage I and stage II vapor-recovery systems at certain facilities; to provide for fees; and to provide remedies and prescribe penalties," by amending section 4 (MCL 290.644), as amended by 1986 PA 127.
(Filed with the Secretary of State July 29, 2003, at 11:42 a.m.)
Date: July 29, 2003
Time: 10:55 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4580 (Public Act No. 117, I.E.), being
An act to amend 1999 PA 276, entitled "An act to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts," by amending section 4406 (MCL 487.14406), as added by 2002 PA 183.
(Filed with the Secretary of State July 29, 2003, at 11:44 a.m.)
Date: July 29, 2003
Time: 10:57 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4581 (Public Act No. 118, I.E.), being
An act to amend 1996 PA 354, entitled "An act to codify the laws relating to savings banks; to provide for incorporation, regulation, supervision, and internal administration of savings banks; to prescribe the rights, powers, and immunities of savings banks; to prescribe the powers and duties of certain state agencies and officials; to provide for remedies; and to prescribe penalties," by amending section 514 (MCL 487.3514), as added by 2002 PA 247.
(Filed with the Secretary of State July 29, 2003, at 11:46 a.m.)
Date: July 29, 2003
Time: 10:51 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4522 (Public Act No. 119, I.E.), being
An act to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 826, 845, and 933 (MCL 168.826, 168.845, and 168.933), as amended by 1999 PA 217, and by adding section 848.
(Filed with the Secretary of State July 29, 2003, at 11:48 a.m.)
Date: July 29, 2003
Time: 10:53 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4579 (Public Act No. 120, I.E.), being
An act to amend 1980 PA 307, entitled "An act to revise and codify the laws relating to savings and loan associations; to provide for the incorporation, regulation, supervision, and internal administration of associations; to prescribe the rights, powers, and immunities of associations; to provide for voluntary and involuntary changes in the corporate structure of associations; to prescribe the powers, rights, and duties of certain state agencies in relation to associations; to require certain reports and examinations of associations; to prescribe remedies and penalties for violations of this act; and to repeal certain acts and parts of acts," by amending section 1135 (MCL 491.1135), as added by 2002 PA 185.
(Filed with the Secretary of State July 29, 2003, at 11:50 a.m.)
Date: July 29, 2003
Time: 10:49 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4516 (Public Act No. 121, I.E.), being
An act to amend 1982 PA 415, entitled "An act to improve the training and education of state and local correctional officers; to provide for the certification of state correctional officers and the development of standards and requirements for state and local correctional officers; to provide for the creation of a correctional officers' training council and a central training academy; and to prescribe the powers and duties of certain state agencies," by amending the title and sections 2, 3, 4, 5, and 15 (MCL 791.502, 791.503, 791.504, 791.505, and 791.515); and to repeal acts and parts of acts.
(Filed with the Secretary of State July 29, 2003, at 11:52 a.m.)
Date: July 29, 2003
Time: 10:45 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4300 (Public Act No. 122, I.E.), being
An act to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," by amending the title and section 2 (MCL 123.872), the title as amended and section 2 as added by 1985 PA 9.
(Filed with the Secretary of State July 29, 2003, at 11:54 a.m.)
Date: July 29, 2003
Time: 10:47 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4502 (Public Act No. 123, I.E.), being
An act to amend 1981 PA 230, entitled "An act to create a bureau of community services and a commission on economic and social opportunity within the department of labor to reduce the causes, conditions, and effects of poverty and promote social and economic opportunities that foster self-sufficiency for low income persons; to provide for the designation of community action agencies; and to prescribe the powers and duties of the bureau, the commission, and the community action agencies," by amending the title and sections 3, 4, 5, 6, 7, 8, 9, 10, and 11 (MCL 400.1103, 400.1104, 400.1105, 400.1106, 400.1107, 400.1108, 400.1109, 400.1110, and 400.1111), section 11 as amended by 1998 PA 76; and to repeal acts and parts of acts.
(Filed with the Secretary of State July 29, 2003, at 11:56 a.m.)
Date: July 31, 2003
Time: 12:10 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4517 (Public Act No. 124, I.E.), being
An act to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," (MCL 801.1 to 801.27) by adding section 4b.
(Filed with the Secretary of State August 1, 2003, at 9:40 a.m.)
Date: July 31, 2003
Time: 12:12 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4515 (Public Act No. 125, I.E.), being
An act to improve the training and education of local corrections officers; to provide for the certification of local corrections officers and the development of standards and requirements for local corrections officers; to provide for the creation of a sheriffs coordinating and training office and a local corrections advisory board; and to prescribe the powers and duties of certain local and state officers and agencies.
(Filed with the Secretary of State August 1, 2003, at 9:42 a.m.)
Date: July 31, 2003
Time: 2:45 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4192 (Public Act No. 131, I.E.), being
An act to amend 1973 PA 186, entitled "An act to create the tax tribunal; to provide for personnel, jurisdiction, functions, practice and procedure; to provide for appeals; and to prescribe the powers and duties of certain state agencies; and to abolish certain boards," by amending sections 35, 37, 43, and 62a (MCL 205.735, 205.737, 205.743, and 205.762a), section 35 as amended by 2000 PA 165, section 37 as amended by 1996 PA 505, and section 43 as amended and section 62a as added by 1994 PA 254.
(Filed with the Secretary of State August 1, 2003, at 9:54 a.m.)
Date: July 31, 2003
Time: 2:47 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4218 (Public Act No. 132, I.E.), being
An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending section 1303 (MCL 380.1303), as amended by 1995 PA 289.
(Filed with the Secretary of State August 1, 2003, at 9:56 a.m.)
Date: July 31, 2003
Time: 2:49 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4704 (Public Act No. 133, I.E.), being
An act to amend 1945 PA 327, entitled "An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state, by political subdivisions, or by public airport authorities; providing for the incorporation of public airport authorities and providing for the powers, duties, and obligations of public airport authorities; providing for the transfer of airport management to public airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics," by amending section 85 (MCL 259.85), as amended by 2002 PA 258; and to repeal acts and parts of acts.
(Filed with the Secretary of State August 1, 2003, at 9:58 a.m.)
Date: July 31, 2003
Time: 2:51 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4248 (Public Act No. 134, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 12f, 14h, 22, 33, and 48 of chapter XVII (MCL 777.12f, 777.14h, 777.22, 777.33, and 777.48), section 12f as added by 2002 PA 34, section 14h as added by 2002 PA 29, section 22 as amended by 2002 PA 143, and sections 33 and 48 as amended by 2000 PA 279.
(Filed with the Secretary of State August 1, 2003, at 10:00 a.m.)
Date: July 31, 2003
Time: 2:53 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4146 (Public Act No. 135, I.E.), being
An act to amend 2000 PA 321, entitled "An act to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bondsand notes by an authority; and to provide for the powers and duties of certain government officials," by amending sections 3, 5, 11, 21, and 23 (MCL 123.1133, 123.1135, 123.1141, 123.1151, and 123.1153), section 21 as amended by 2002 PA 233.
(Filed with the Secretary of State August 1, 2003, at 10:02 a.m.)
Date: July 31, 2003
Time: 2:55 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4806 (Public Act No. 136, I.E.), being
An act to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 1 (MCL 125.1651), as amended by 1997 PA 202.
(Filed with the Secretary of State August 1, 2003, at 10:04 a.m.)
Date: July 31, 2003
Time: 2:57 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4708 (Public Act No. 137, I.E.), being
An act to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 10 (MCL 224.10), as amended by 1989 PA 251.
(Filed with the Secretary of State August 1, 2003, at 10:06 a.m.)
Date: July 31, 2003
Time: 2:59 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4748 (Public Act No. 138, I.E.), being
An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending sections 321, 880, 880a, 880b, 1027, 2529, 2538, 5756, 8371, and 8420 (MCL 600.321, 600.880, 600.880a, 600.880b, 600.1027, 600.2529, 600.2538, 600.5756, 600.8371, and 600.8420), section 321 as amended by 1997 PA 182,sections 880 and 880b as amended by 2000 PA 56, section 880a as added and sections 5756 and 8420 as amended by 1993 PA 189, section 1027 as added by 1996 PA 388, sections 2529 and 8371 as amended by 2002 PA 605, and section 2538 as amended by 1999 PA 151, and by adding sections 171 and 244.
(Filed with the Secretary of State August 1, 2003, at 10:08 a.m.)
Date: July 31, 2003
Time: 3:18 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4154 (Public Act No. 142, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 719 and 720 (MCL 257.719 and 257.720), section 719 as amended by 2002 PA 453 and section 720 as amended by 2002 PA 535.
(Filed with the Secretary of State August 5, 2003, at 2:46 p.m.)
Date: August 5, 2003
Time: 7:20 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4391 (Public Act No. 145, I.E.), being
An act to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.
(Filed with the Secretary of State August 6, 2003, at 2:14 p.m.)
Date: August 5, 2003
Time: 7:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4388 (Public Act No. 146, I.E.), being
An act to make and supplement appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2003 and for the fiscal year ending September 30, 2004; to provide for the 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.
(Filed with the Secretary of State August 6, 2003, at 2:16 p.m.)
Date: August 7, 2003
Time: 3:44 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4390 (Public Act No. 154, I.E.), being
An act to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.
(Filed with the Secretary of State August 8, 2003, at 10:54 a.m.)
Communications from State Officers
The following communication from the Department of Environmental Quality was received and read:
July 14, 2003
I am pleased to present to the Governor and the Legislature the report on In-Service Mercury Switch Review, prepared by the Department of Environmental Quality (DEQ). This report was prepared in accordance with the DEQ budget bill for fiscal year 2003, Public Act 520 of 2002.
If you have comments or questions about this report, please contact Ms. Marcia Horan, Chief of the Pollution Prevention and Compliance Assistance Section, Environmental Science and Services Division, at 517-373-9122, or you may contact me.
Sincerely,
Steven E. Chester
Director
517-373-7917
The communication was referred to the Clerk.
The following communication from the Department of Corrections was received and read:
July 16, 2003
Michigan Compiled Laws 791.220g requires the Department of Corrections to report to the Senate and House committees responsible for legislation concerning corrections and to the Clerk of the House of Representatives and the Secretary of the Senate, on the operation of the Michigan Youth Correctional Facility. Attached is a copy of that report as required by statute.
If you have any questions regarding this report, or request additional information, please feel free to contact me.
Sincerely,
Heidi Washington
Administrative Assistant
The communication was referred to the Clerk.
The following communications from the Auditor General were received and read:
July 16, 2003
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the
Capital Renewal Division and the
Design and Construction Division
Department of Management and Budget
July 2003
July 23, 2003
Enclosed is a copy of the financial statements, together with the Auditor's Report, for the Bureau of State Lottery for the six-month period ending March 31, 2003.
If you have questions regarding this report, please call me; Scott M. Strong, C.P.A., Director of Audit Operations; or Michael R. Becker, C.P.A., Audit Division Administrator for audits of the Bureau of State Lottery.
August 12, 2003
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the
Real Estate Support Area
Highway Bureau of Development
Michigan Department of Transportation
August 2003
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
July 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:56 P.M. this date, administrative rule (03-07-01) for the Department of Consumer and Industry Services, Director's Office, entitled "Manufacturing Housing Commission General Rules", effective August 1, 2003.
July 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:58 P.M. this date, administrative rule (03-07-02) for the Department of Consumer and Industry Services, Public Service Commission, entitled "Additional Safety Requirements for Sour Gas Pipelines", effective 7 days hereafter.
July 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:00 P.M. this date, administrative rule (03-07-03) for the Department of Consumer and Industry Services, Bureau of Workers' & Unemployment Compensation, entitled "Youth Employment Standards", effective 7 days hereafter.
July 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:02 P.M. this date, administrative rule (03-07-04) for the Department of Consumer and Industry Services, Bureau of Workers' & Unemployment Compensation, entitled "Payment of Wages and Fringe Benefits", effective 7 days hereafter.
July 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:04 P.M. this date, administrative rule (03-07-05) for the Department of Consumer and Industry Services, Director's Office, entitled "Child Day Care Licensing Child Care Center", effective September 1, 2003.
July 28, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:58 P.M. this date, administrative rule (03-07-06) for the Department of Consumer and Industry Services, Director's Office, entitled "Hazardous Work in Laboratories", effective 7 days hereafter.
Sincerely,
Terri Lynn Land
Secretary of State
Elena L. Beasley, Manager
Office of the Great Seal
The communications were referred to the Clerk.
The following communication from the Department of State was received and read:
July 31, 2003
Pursuant to the provisions of the Campaign Finance Act, 1976 PA 388, as amended, MCL 169.1 et seq, (the "Act"), the various dollar figures specified in section 46 have been reviewed in light of the changes in the Consumer Price Index compiled by the United States Department of Labor and the number of registered voters in the state. By this letter I am transmitting the results of that review in accordance with the provisions of section 46. These figures are not recommendations for legislative changes.
Sincerely,
Terri Lynn Land
Secretary of State
The communication was referred to the Clerk.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Bradstreet, Spade, Stallworth, Accavitti, Casperson, Caul, DeRossett, Ehardt, Elkins, Farhat, Garfield, Gillard, Hopgood, Howell, Jamnick, Koetje, Law, Lipsey, Meyer, Newell, Nitz, Pappageorge, Richardville, Sak, Shackleton, Shulman, Stahl, Tabor, Taub, Vander Veen, Voorhees, Walker, Woodward, Acciavatti, Byrum and Huizenga offered the following resolution:
House Resolution No. 112.
A resolution honoring David A. Svanda upon completion of his term on the Michigan Public Service Commission.
Whereas, It is a great pleasure to extend this expression of our thanks and best wishes to David A. Svanda for over seven years of service on the Michigan Public Service Commission. Commissioner Svanda's commitment to excellence in public service has provided our state and country with outstanding leadership through a period of time when the energy, transportation and telecommunications industries have experienced unprecedented changes. Through these times, David A. Svanda has exhibited the highest standards of citizenship, dedication and unselfishness; and
Whereas, During his recent tenure as a Michigan Public Service Commissioner, David A. Svanda served as the first President of the National Association of Regulatory Commissioners (NARUC) from Michigan in over 100 years. While serving as chairman of the Board of NARUC, he also served on that organization's executive committee, the board of directors, and previously was chairman of the Committee on Finance and Technology and chairman of the Mentoring and New Member Services Committee. He was also a member of the Federal Communications Commission's (FCC) Local and State Government Advisory Committee and past president of the 15-state Mid-American Regulatory Conference (MARC). He was and is a member of the Keystone Energy Board. Prior to his appointment to the Public Service Commission, he served as Director of Administrative Services for Governor John Engler and as Director of the Governor's Northern Michigan Office. He is a former city manager of the city of Marquette and has served on many national, state, regional and local boards; and
Whereas, Commissioner Svanda worked tirelessly to implement energy and telecommunications restructuring legislation in Michigan and provided critical expert testimony before many state legislative and congressional panels; and
Whereas, Commissioner Svanda's intelligence, vision and integrity have earned him widespread acclaim and our deepest appreciation; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor and commend David A. Svanda upon leaving state government after years of distinguished service to Michigan and sincerely wish him continued success in all endeavors; and be it further
Resolved, That a copy of this resolution be transmitted to David A. Svanda as a token of our esteem.
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Wojno, Dennis, Spade, Stallworth, Waters, Accavitti, Bieda, Brown, Casperson, Caul, Elkins, Farhat, Garfield, Gieleghem, Gillard, Gleason, Hardman, Hopgood, Jamnick, Law, Lipsey, Minore, Palmer, Pappageorge, Rocca, Sak, Sheltrown, Vander Veen, Voorhees, Woodward, Zelenko, Tobocman and Byrum offered the following resolution:
House Resolution No. 113.
A resolution to urge the United States Congress to support the Lifespan Respite Care Act of 2003.
Whereas, An estimated 26,000 Americans care for one or more adult family members or friends who are disabled, chronically ill, or terminally ill. In addition, almost 25 percent of the nation's elderly experience multiple chronic disabling conditions that make it necessary to rely on others for help in meeting their daily needs; and
Whereas, Every year approximately 600,000 Americans die at home and many of these individuals rely on extensive family caregiving before their deaths. The family caregiver role is personally rewarding, but it can result in substantial emotional, physical, and financial hardship. Of those individuals needing assistance in daily living, nearly 42 percent are under the age of 65; and
Whereas, Current respite care programs are insufficient to meet the needs of this underserved population. Moreover, the limited available respite care programs find it difficult to recruit appropriately trained respite workers; and
Whereas, The Lifespan Respite Care Act of 2003 will encourage the creation of state and local lifespan care programs. It will help improve the coordination and dissemination of respite care information and resources to family caregivers. It will also support evaluative research to identify effective respite care services that alleviate, reduce, or minimize any negative consequences of caregiving. Further, the act will promote innovative, flexible, and comprehensive approaches to respite care delivery and support training programs helping family caregivers to make informed decisions about respite care services; and
Whereas, The Michigan House of Representatives has begun work on legislation that complements the Lifespan Respite Care Act. With its passage, Michigan will be better prepared to assist individuals in caregiving; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Congress to support the Lifespan Respite Care Act of 2003; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Health Policy.
Rep. Law offered the following resolution:
House Resolution No. 114.
A resolution to express opposition to a proposal to construct a bridge between Meso Island and Sugar Island in the Detroit River.
Whereas, The Sugar Island Regional Transportation Agency has announced a proposal to construct a bridge to connect Sugar Island with Meso Island. The islands, which are in the Detroit River, are part of Grosse Ile Township; and
Whereas, The United States Coast Guard, which issues necessary bridge permits on the basis of navigational, environmental, and other considerations, has asked for comments on the proposal at this point as part of its informational gathering; and
Whereas, The navigational clearance proposed does not provide for the reasonable needs of existing and prospective navigation through the waterway. The height of 25 feet does not provide adequate clearance for many sail boats, motor boats, and commercial dredging barges passing between Sugar Island and Meso Island; and
Whereas, The disruptive degradation to the environment is of great concern to local residents. A proactive approach to safeguarding the environmental surroundings of Sugar Island and Meso Islands and along the Detroit River is important to the recreational economy of the Downriver region; and
Whereas, Concerns for the public safety of recreational users of the waterway surround this project. In addition, the proposed fixed bridge is too steep a rise for motorists to safely travel over, especially during inclement weather; now, therefore be it
Resolved by the House, That we express opposition to the proposal to construct a bridge between Meso Island and Sugar Island in the Detroit River as presented by the United States Coast Guard in the Public Notice 09-02/03; and be it further
Resolved, That copies of this resolution be transmitted to the Office of Commander in the Ninth Coast Guard District in Cleveland, the Sugar Island Regional Transportation Agency, and the Grosse Ile Township Board of Trustees.
The resolution was referred to the Committee on Transportation.
Introduction of Bills
Reps. Sheen, Hummel, Newell, Woronchak, Brandenburg, Shulman, Drolet, Vander Veen, Voorhees, Palmer, Kooiman, Garfield, Milosch, Wenke, Ehardt, Stakoe, Hoogendyk, Ward, Condino, Farrah, Richardville, Huizenga, O'Neil and Hune introduced
House Bill No. 5010, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7cc, 7ee, 10f, 34d, 35, 36, 37, 40, 41, 42, 43, 44, 44a, 46, 51, 53b, 53c, 59, and 78a (MCL 211.7cc, 211.7ee, 211.10f, 211.34d, 211.35, 211.36, 211.37, 211.40, 211.41, 211.42, 211.43, 211.44, 211.44a, 211.46, 211.51, 211.53b, 211.53c, 211.59, and 211.78a), sections 7cc and 53b as amended by 2002 PA 624, sections 7ee, 10f, and 34d as amended by 1996 PA 476, sections 35 and 41 as amended by 2002 PA 620, section 36 as amended by 1997 PA 138, section 37 as amended by 1994 PA 415, section 40 as amended by 1995 PA 143, section 43 as amended by 1994 PA 253, section 44 as amended by 2002 PA 641, section 44a as added by 1993 PA 313, section 46 as amended by 1982 PA 539, section 51 as amended by 1992 PA 97, section 53c as added by 1995 PA 74, section 59 as amended by 2001 PA 97, section 78a as added by 1999 PA 123, and by adding sections 44e, 44f, and 44g; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hummel, Newell, Kooiman, Palmer, Garfield, Stahl, Sheen, Milosch, Hoogendyk, Ward, Condino, Farrah, O'Neil, Huizenga, Hune and Richardville introduced
House Bill No. 5011, entitled
A bill to amend 1957 PA 206, entitled "An act to authorize 2 or more counties, cities, townships and incorporated villages, or any combination thereof, to incorporate an airport authority for the planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining and operating the landing, navigational and building facilities necessary thereto of 1 or more community airports; to provide for changes in the membership therein; to authorize an authority or the counties, cities, townships and incorporated villages that form an authority to levy taxes for such purposes; to provide for the operation and maintenance and issuing notes therefor; to authorize condemnation proceedings; and to prescribe penalties and provide remedies," by amending section 7a (MCL 259.627a), as added by 1987 PA 153.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Wenke, Newell, Hoogendyk, Kooiman, Palmer, Garfield, Stakoe, Hummel, Sheen, Milosch, Ward, Condino, Farrah, O'Neil, Huizenga and Hune introduced
House Bill No. 5012, entitled
A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," by amending section 12 (MCL 207.12), as amended by 2001 PA 35.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Stakoe, Newell, Kooiman, Palmer, Garfield, Hummel, Sheen, Milosch, Hoogendyk, Ward, Condino, Farrah, O'Neil, Huizenga, Hune and Richardville introduced
House Bill No. 5013, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 17 (MCL 207.567).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. O'Neil, Newell, Kooiman, Palmer, Garfield, Hummel, Sheen, Milosch, Hoogendyk, Ward, Condino, Farrah, Huizenga, Hune and Richardville introduced
House Bill No. 5014, entitled
A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 1 of chapter XXXI (MCL 111.1).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Farrah, Newell, Kooiman, Palmer, Garfield, Hummel, Sheen, Milosch, Hoogendyk, Ward, Condino, O'Neil, Huizenga, Hune and Richardville introduced
House Bill No. 5015, entitled
A bill to amend 1986 PA 196, entitled "Public transportation authority act," by amending section 18 (MCL 124.468).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Condino, Newell, Kooiman, Palmer, Garfield, Hummel, Sheen, Milosch, Hoogendyk, Ward, Farrah, O'Neil, Huizenga, Hune and Richardville introduced
House Bill No. 5016, entitled
A bill to amend 1978 PA 255, entitled "Commercial redevelopment act," by amending section 16 (MCL 207.666).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Milosch, Newell, Kooiman, Palmer, Garfield, Stakoe, Hummel, Sheen, Hoogendyk, Ward, Condino, Farrah, O'Neil, Huizenga, Hune and Richardville introduced
House Bill No. 5017, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 144 (MCL 389.144), as amended by 2002 PA 73.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Stakoe, Newell, Kooiman, Palmer, Garfield, Hummel, Sheen, Milosch, Hoogendyk, Ward, Condino, Farrah, O'Neil, Huizenga, Hune and Richardville introduced
House Bill No. 5018, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 961 (MCL 380.961); and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Palmer, Newell, Sheen, Milosch, Hoogendyk, Ward, Condino, Farrah, O'Neil, Huizenga, Hune and Richardville introduced
House Bill No. 5019, entitled
A bill to amend 1988 PA 57, entitled "An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to guarantee certain labor contracts and employment rights in regard to the formation and reorganization of authorities; to provide for certain condemnation proceedings; to provide for the levy of property taxes for certain purposes; and to prescribe penalties and provide remedies," by amending section 12 (MCL 124.612).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Sheen, Newell, Kooiman, Palmer, Garfield, Stakoe, Hummel, Milosch, Hoogendyk, Ward, Condino, Farrah, O'Neil, Huizenga, Richardville and Hune introduced
House Bill No. 5020, entitled
A bill to amend 1963 PA 55, entitled "An act to provide for the incorporation of public authorities to acquire, own, and operate or cause to be operated mass transportation systems; to require the state to guarantee payment of certain claims against certain transportation authorities and to give the state a lien in satisfaction of payment; to prescribe the rights, powers, and duties of those public authorities; to provide for the issuance of bonds; to provide for the levy and collection of certain taxes; and to authorize contracts between those authorities and either public or private corporations to carry out the operation of those mass transportation systems," by amending section 7 (MCL 124.357), as amended by 2002 PA 337.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Walker, Bradstreet, Casperson, Tabor, DeRossett, Palsrok and Hummel introduced
House Bill No. 5021, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 1615.
The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
Reps. Nitz, Caswell, Brandenburg, Ehardt, Amos, Ward, Pappageorge, Garfield, Voorhees, Casperson, Shaffer and Bieda introduced
House Bill No. 5022, entitled
A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 12 (MCL 41.812), as added by 1989 PA 81.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Milosch, Garfield, McConico, Phillips, Drolet, Brandenburg, Acciavatti and Meyer introduced
House Bill No. 5023, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74117 (MCL 324.74117), as added by 1995 PA 58.
The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
Reps. Casperson, Taub, LaJoy, Walker, Ward, Accavitti, Caswell, Shaffer, Nitz, Wenke, Milosch, Hummel and Farhat introduced
House Bill No. 5024, entitled
A bill to designate an official insect of this state.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Ruth Johnson, Accavitti, Minore, Ehardt, Amos, Ward, Tobocman, Voorhees, Vagnozzi, Rocca, Drolet, Pappageorge and Huizenga introduced
House Bill No. 5025, entitled
A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 4 (MCL 15.234), as amended by 1996 PA 553.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Woronchak introduced
House Bill No. 5026, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 2002 PA 672.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Rep. Pastor introduced
House Bill No. 5027, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 82106, 82109, 82110, and 82118 (MCL 324.82106, 324.82109, 324.82110, and 324.82118), section 82106 as amended by 1998 PA 297, section 82109 as added by 1995 PA 58, section 82110 as amended by 2001 PA 16, and section 82118 as amended by 2001 PA 15.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
Rep. Bieda introduced
House Bill No. 5028, entitled
A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," by amending sections 4 and 10 (MCL 125.1504 and 125.1510), as amended by 1999 PA 245.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Tabor introduced
House Bill No. 5029, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40103 (MCL 324.40103), as amended by 2000 PA 191; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
Reps. Walker, Palsrok, Moolenaar and Emmons introduced
House Bill No. 5030, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the part heading of part 361 and by adding part 363.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Walker, Palsrok, Moolenaar and Emmons introduced
House Bill No. 5031, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7ww.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Moolenaar, Walker, Palsrok and Emmons introduced
House Bill No. 5032, entitled
A bill to amend 2000 PA 261, entitled "Agricultural property recapture act," by amending sections 3 and 6 (MCL 211.1003 and 211.1006).
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Rep. Stakoe introduced
House Bill No. 5033, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 1999 PA 53.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Milosch, Brandenburg, Kooiman, Tabor, Meyer, Nitz, Vander Veen, LaJoy, Newell, DeRossett, Tobocman, Pappageorge, Stahl, Hager, Lipsey, Farhat, Ward, Caswell, Hummel, Robertson and Stakoe introduced
House Bill No. 5034, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2a and 34c (MCL 211.2a and 211.34c), section 2a as amended by 1982 PA 539 and section 34c as amended by 2002 PA 620; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Milosch, Garfield and Tabor introduced
House Bill No. 5035, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending section 3 (MCL 125.2303).
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Milosch, Garfield and Tabor introduced
House Bill No. 5036, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4bb.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Howell, Gaffney, Lipsey, Vagnozzi and Wenke introduced
House Bill No. 5037, entitled
A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending section 512 (MCL 38.2512), as added by 2002 PA 675.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Taub, LaJoy and Shulman introduced
House Bill No. 5038, entitled
A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 1 (MCL 125.1801), as amended by 1998 PA 499.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Gaffney, Howell, Wenke, Hune, Ward, Sheen, Moolenaar, Vander Veen, Hager, Kooiman, Huizenga, Amos, Casperson, Shaffer, Palmer, Palsrok, Stahl, Mortimer, Pappageorge, Acciavatti, Pastor, Byrum, DeRoche, Daniels, Rivet, Nitz, Stakoe, Farhat, Newell, LaJoy, Voorhees, Julian, Nofs, Stallworth, McConico, Lipsey, Accavitti, Rocca, Gillard, Elkins, Paletko, Cheeks, Vagnozzi, Hunter, Hood, Smith, Waters, Reeves, Richardville and Hardman introduced
House Bill No. 5039, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2 and 7b (MCL 722.22 and 722.27b), section 2 as amended by 2002 PA 9 and section 7b as amended by 1996 PA 19.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Walker, Pastor, Nofs, Stahl, Drolet, Palmer, Moolenaar, Garfield, Palsrok and Newell introduced
House Bill No. 5040, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 20a (MCL 257.20a), as added by 1996 PA 404.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Drolet, Pastor, Milosch, Garfield, Brandenburg, Palmer, Robertson, Kooiman, Acciavatti, Farhat, Vander Veen, Ruth Johnson, Walker and Palsrok introduced
House Bill No. 5041, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 4b.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. DeRoche, Drolet, Huizenga, Amos, Casperson, Shaffer, Robertson, Howell, Palmer, Shackleton, Palsrok, Ward, Sheen, Stahl, Mortimer, Pappageorge, Wenke, LaJoy, Acciavatti, Pastor, Moolenaar, Milosch, Brandenburg, Stewart, Ruth Johnson, Ehardt, Nitz, Bisbee, Caswell, Hune, Nofs, Stakoe, Newell, Farhat, Meyer, Woronchak, Vander Veen, Hager, Kooiman, Walker, Garfield, Caul, Hart, Bradstreet, Julian, Voorhees, Shulman, Tabor, DeRossett and Richardville introduced
House Bill No. 5042, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 4c.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Ruth Johnson, Tobocman, Wenke, Stakoe, Rocca, Caul and Taub introduced
House Bill No. 5043, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 614 (MCL 380.614), as amended by 2002 PA 157.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Ruth Johnson, Tobocman, Wenke, Rocca, Caul and Taub introduced
House Bill No. 5044, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1754.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Woronchak, Spade, Voorhees and Kooiman introduced
House Bill No. 5045, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3102 (MCL 500.3102), as amended by 1990 PA 79.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Hood, Byrum, Hunter, Condino, Accavitti, Cheeks, Dennis, Woodward, Gieleghem, Smith and Daniels introduced
House Bill No. 5046, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 2000 PA 432.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Minore, Sak, Anderson, Woodward, Wojno, Accavitti, Paletko, Bieda, Plakas, Vagnozzi, Spade, Law, Zelenko, Byrum, Gillard, Whitmer, Brown, Tobocman, Gieleghem, Farrah, Meisner, Jamnick, Williams, Reeves, Cheeks, Condino, Kolb, McConico, Rivet and Daniels introduced
House Bill No. 5047, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20176b.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Adamini, Sak, Woodward, Anderson, Wojno, Accavitti, Paletko, Bieda, Plakas, Vagnozzi, Spade, Law, Zelenko, Byrum, Gillard, Whitmer, Brown, Tobocman, Gieleghem, Farrah, Meisner, Jamnick, Williams, Reeves, Cheeks, Condino, Kolb, McConico, Rivet and Daniels introduced
House Bill No. 5048, entitled
A bill to require certain disclosures of health facilities and agencies; and to require certain reports to the legislature.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Wojno, Sak, Minore, Paletko, Spade, Bieda, Accavitti, Tobocman, Brown, Gillard, O'Neil, Adamini, Anderson, Woodward, Plakas, Vagnozzi, Law, Zelenko, Byrum, Gieleghem, Farrah, Meisner, Jamnick, Williams, Reeves, Cheeks, Condino, Kolb, McConico, Rivet and Daniels introduced
House Bill No. 5049, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21513 (MCL 333.21513), as amended by 2002 PA 125, and by adding section 21525.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Walker, Palsrok, DeRossett, Bradstreet, Shackleton, Hummel, Casperson, Adamini, Brown and Gillard introduced
House Joint Resolution K, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 55 to article IV, to provide for the conservation and protection of the Great Lakes.
The joint resolution was read a first time by its title and referred to the Committee on Great Lakes and Tourism.\
Reps. Casperson, Tabor, Farhat, Pappageorge, LaJoy, Walker, Ward, Stakoe, Caswell, Shaffer, Nitz, Wenke, Emmons, Hummel, Garfield and Drolet introduced
House Joint Resolution L, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 25 to article I, to recognize a right to hunt and fish, to take game and fish, and to camp.
The joint resolution was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
______
Rep. Newell moved that the House adjourn.
The motion prevailed, the time being 4:15 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, September 23, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives