2002-HJ-04-09-029

No. 29

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Tuesday, April 9, 2002.

2:00 p.m.

The House was called to order by Associate Speaker Pro Tempore Julian.

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--excused

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Hummel--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Palmer--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Schauer--present

Schermesser--present

Scranton--excused

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--excused

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Van Woerkom--present

Vander Roest--present

Vander Veen--present

Vear--present

Voorhees--present

Waters--present

Whitmer--excused

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rabbi Elchonon Bunim Freedman, Director of the Jewish Hospice and Chaplaincy Network of Southfield, offered the following invocation:

"May there be abundant peace from Heaven and good life upon all people. He who makes peace from on high, may He make peace for us, His people--the people of Israel, the people of the United States of America and all of those residents of the state of Michigan. Let us say, Amen."

______

Rep. Jacobs moved that Reps. Garza, Stallworth and Whitmer be excused from today's session.

The motion prevailed.

Rep. Vander Roest moved that Rep. Scranton be excused from today's session.

The motion prevailed.

Rep. Vander Roest moved that Reps. Jelinek and Rick Johnson be excused temporarily from today's session.

The motion prevailed.

Rep. Lockwood, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 391 and 394-427. Had I been present, I would have voted 'yea'."

Third Reading of Bills

House Bill No. 5711, entitled

A bill to amend 1915 PA 59, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," by amending sections 34, 35, and 67 (MCL 247.434, 247.435, and 247.467).

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

Roll Call No. 428 Yeas--103

Adamini Faunce Lipsey Rivet

Allen Frank Lockwood Rocca

Anderson George Mans Schauer

Basham Gieleghem McConico Schermesser

Bernero Gilbert Mead Shackleton

Birkholz Godchaux Meyer Sheltrown

Bisbee Gosselin Middaugh Shulman

Bishop Hager Minore Spade

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hardman Neumann Switalski

Brown, B. Hart Newell Tabor

Brown, C. Howell O'Neil Thomas

Brown, R. Hummel Palmer Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Daniels Koetje Pumford Waters

Dennis Kolb Quarles Williams

DeRossett Kooiman Raczkowski Wojno

DeVuyst Kowall Reeves Woodward

DeWeese Kuipers Richardville Woronchak

Drolet LaSata Richner Zelenko

Ehardt Lemmons Rison

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5712, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 35 (MCL 259.35).

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

Roll Call No. 429 Yeas--100

Adamini Faunce Lipsey Rivet

Allen George Lockwood Rocca

Anderson Gieleghem Mans Schauer

Basham Gilbert McConico Schermesser

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bishop Hale Minore Spade

Bogardus Hansen Mortimer Stamas

Bovin Hardman Murphy Stewart

Bradstreet Hart Newell Switalski

Brown, B. Howell O'Neil Tabor

Brown, C. Hummel Palmer Thomas

Brown, R. Jacobs Pappageorge Toy

Callahan Jamnick Patterson Van Woerkom

Cassis Jansen Pestka Vander Roest

Caul Johnson, Ruth Phillips Vander Veen

Clark, I. Julian Plakas Vear

Clarke, H. Koetje Pumford Voorhees

Dennis Kolb Quarles Waters

DeRossett Kooiman Raczkowski Williams

DeVuyst Kowall Reeves Wojno

DeWeese Kuipers Richardville Woodward

Drolet LaSata Richner Woronchak

Ehardt Lemmons Rison Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Rep. McConico moved that Rep. Daniels be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5742, entitled

A bill to amend 1921 PA 302, entitled "An act to provide for the supervision of private, denominational and parochial schools; to provide the manner of securing funds in payment of the expense of such supervision; to provide the qualifications of the teachers in such schools; and to provide for the endorsement of the provisions hereof," by amending section 1 (MCL 388.551).

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

Roll Call No. 430 Yeas--100

Adamini Faunce Lemmons Rivet

Allen Frank Lipsey Rocca

Anderson George Lockwood Schauer

Basham Gieleghem Mans Schermesser

Bernero Gilbert McConico Shackleton

Birkholz Godchaux Mead Sheltrown

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hardman Neumann Switalski

Brown, B. Hart Newell Tabor

Brown, C. Howell O'Neil Thomas

Brown, R. Hummel Palmer Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Dennis Koetje Pumford Waters

DeRossett Kolb Quarles Williams

DeVuyst Kooiman Raczkowski Wojno

DeWeese Kowall Reeves Woodward

Drolet Kuipers Richardville Woronchak

Ehardt LaSata Richner Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5665, entitled

A bill to amend 1919 PA 71, entitled "An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all such departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating thereto; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the auditor general, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act," by amending the title and sections 1, 2, 5, 6, 7, 8, 9, 10, 11, and 12 (MCL 21.41, 21.42, 21.45, 21.46, 21.47, 21.48, 21.49, 21.50, 21.51, and 21.52), the title as amended by 1996 PA 426, section 5 as amended by 1993 PA 196, and sections 11 and 12 as amended by 1985 PA 48; and to repeal acts and parts of acts.

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

Roll Call No. 431 Yeas--103

Nays--0

In The Chair: Julian

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

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

A bill to amend 1919 PA 71, entitled "An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all such departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating thereto; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the auditor general, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 (MCL 21.41, 21.42, 21.43, 21.44, 21.45, 21.46, 21.47, 21.48, 21.49, 21.50, 21.51, and 21.52), the title as amended by 1996 PA 426, section 5 as amended by 1993 PA 196, and sections 11 and 12 as amended by 1985 PA 48; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Senate Bill No. 829, entitled

A bill to amend 1967 PA 55, entitled "An act relating to the management of state funds; to prescribe the powers and duties of the state treasurer and the state administrative board; and to repeal certain acts and parts of acts," by amending section 1 (MCL 12.51).

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

Roll Call No. 432 Yeas--103

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Senate Bill No. 831, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 389 (MCL 18.1389), as amended by 1988 PA 504.

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

Roll Call No. 433 Yeas--102

Adamini Faunce Lipsey Rivet

Allen Frank Lockwood Rocca

Anderson George Mans Schauer

Basham Gieleghem McConico Schermesser

Bernero Gilbert Mead Shackleton

Birkholz Godchaux Meyer Sheltrown

Bisbee Gosselin Middaugh Shulman

Bishop Hager Minore Spade

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hardman Neumann Switalski

Brown, B. Hart Newell Tabor

Brown, C. Howell O'Neil Thomas

Brown, R. Hummel Palmer Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Daniels Koetje Pumford Waters

Dennis Kolb Quarles Williams

DeRossett Kooiman Reeves Wojno

DeVuyst Kowall Richardville Woodward

DeWeese Kuipers Richner Woronchak

Drolet LaSata Rison Zelenko

Ehardt Lemmons

Nays--0

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"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,".

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5335, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 558, 561, 590f, 691, and 696 (MCL 168.2, 168.558, 168.561, 168.590f, 168.691, and 168.696), section 2 as amended by 1999 PA 216, section 558 as amended by 1999 PA 217, and section 590f as added by 1988 PA 116, and by adding section 560b; and to repeal acts and parts of acts.

The Senate has amended the bill as follows:

1. Amend page 13, following line 25, by inserting:

"Sec. 971. (1) If the recall was successful, the officer with whom the recall petition was filed shall, within 5 days after receiving the certification, submit to the county election scheduling committee a proposed date for a special election to be held within 60 days for the filling of the vacancy. If any primary or election is to be held in that electoral district within 4 months after the certification and at a time as will permit preparation for the election by election officials as provided by law, the election to fill the vacancy shall be held concurrently with that primary or election. The same provisions made in section 964 for calling and conducting of the recall election govern in the calling and conducting of the election to fill the vacancy created, except as otherwise provided in this section.

(2) If a petition is filed under section 959, the officer with whom the petition is filed shall not submit a proposed date to the county election scheduling committee, but shall call the special election subject to the same time limitations set out in this section.

(3) If the governor appoints a review team under the local government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to 141.1291, to perform the functions prescribed in that act relative to a city, township, or village and an elected official of the city, township, or village was the subject of a successful recall, the officer with whom the recall petition was filed does not have the authority to propose a date for a special election. If the review team described in this subsection is appointed after the officer submits a proposed special election date or the county election scheduling committee schedules the special election as required by subsection (1), but before the election is held, the officer's or county election scheduling committee's action becomes void when the review team is appointed. Within 5 days after the review team described in this subsection reports its findings to the governor as required by section 14 of the local government fiscal responsibility act, 1990 PA 72, MCL 141.1214, the review team shall submit to the county election scheduling committee a proposed date for the special election. A special election scheduled under this subsection is subject to all of the other provisions of subsection (1). THIS SUBSECTION APPLIES TO ANY SPECIAL ELECTION SCHEDULED BUT NOT YET HELD BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SENTENCE.".

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill 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 2, 558, 561, 590f, 691, 696, and 971 (MCL 168.2, 168.558, 168.561, 168.590f, 168.691, 168.696, and 168.971), section 2 as amended by 1999 PA 216, section 558 as amended by 1999 PA 217, section 590f as added by 1988 PA 116, and section 971 as amended by 2002 PA 91, and by adding section 560b; and to repeal acts and parts of acts.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Patterson moved that Rule 45 be suspended.

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

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 434 Yeas--97

Adamini Frank Lipsey Rivet

Allen George Lockwood Rocca

Anderson Gieleghem Mans Schauer

Basham Gilbert Mead Schermesser

Bernero Godchaux Meyer Shackleton

Birkholz Gosselin Middaugh Sheltrown

Bisbee Hager Minore Shulman

Bishop Hale Mortimer Spade

Bogardus Hansen Murphy Stamas

Bovin Hart Neumann Stewart

Bradstreet Howell Newell Switalski

Brown, B. Hummel O'Neil Tabor

Brown, C. Jacobs Palmer Thomas

Brown, R. Jamnick Pappageorge Toy

Callahan Jansen Patterson Van Woerkom

Cassis Johnson, Ruth Pestka Vander Roest

Caul Julian Phillips Vander Veen

Clark, I. Koetje Plakas Vear

Clarke, H. Kolb Pumford Voorhees

Dennis Kooiman Quarles Williams

DeRossett Kowall Raczkowski Wojno

DeVuyst Kuipers Richardville Woodward

DeWeese LaSata Richner Woronchak

Ehardt Lemmons Rison Zelenko

Faunce

Nays--6

Daniels Hardman Reeves Waters

Drolet McConico

In The Chair: Julian

The House agreed to the title as amended.

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

Third Reading of Bills

Senate Bill No. 830, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by repealing section 88 (MCL 16.188).

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

Roll Call No. 435 Yeas--102

Ehardt Lemmons

Nays--0

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to organize the executive and administrative agencies of state government; to establish principal departments and department heads; to define the powers and duties of the principal departments and their governing agents; to allocate executive and administrative powers, duties, functions, and services among the principal departments; to provide for a method for the gradual implementation of the provisions of this act and for the transfer of existing funds and appropriations of the principal departments herein created and established,".

The House agreed to the full title.

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

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

Senate Bill No. 832, entitled

A bill to amend 1955 PA 70, entitled "An act to authorize cities to acquire and operate exhibition areas for commercial, industrial and agricultural products; to provide for the issuance of bonds to finance the cost thereof; to authorize the fixing and collecting of fees and other charges for the use of facilities therein; and to authorize the making of reasonable rules and regulations relative to the public use of facilities therein," by amending section 5 (MCL 123.655).

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

Roll Call No. 436 Yeas--102

Ehardt Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Senate Bill No. 835, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 15 (MCL 125.1815), as amended by 1996 PA 271.

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

Roll Call No. 437 Yeas--100

Adamini Ehardt LaSata Rison

Allen Faunce Lemmons Rivet

Anderson Frank Lipsey Rocca

Basham George Lockwood Schauer

Bernero Gieleghem McConico Schermesser

Birkholz Gilbert Mead Shackleton

Bisbee Godchaux Meyer Sheltrown

Bishop Gosselin Middaugh Shulman

Bogardus Hager Mortimer Spade

Bovin Hale Murphy Stamas

Bradstreet Hansen Neumann Stewart

Brown, B. Hardman Newell Switalski

Brown, C. Hart O'Neil Tabor

Brown, R. Howell Palmer Toy

Callahan Hummel Pappageorge Van Woerkom

Cassis Jacobs Patterson Vander Roest

Caul Jamnick Pestka Vander Veen

Clark, I. Jansen Phillips Vear

Clarke, H. Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Waters

Dennis Koetje Quarles Williams

DeRossett Kolb Raczkowski Wojno

DeVuyst Kooiman Reeves Woodward

DeWeese Kowall Richardville Woronchak

Drolet Kuipers Richner Zelenko

Nays--0

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to prevent urban deterioration and encourage economic development and activity and to encourage neighborhood revitalization and historic preservation; to provide for the establishment of tax increment finance authorities and to prescribe their powers and duties; to authorize the acquisition and disposal of interests in real and personal property; to provide for the creation and implementation of development plans; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to permit the issuance of bonds and other evidences of indebtedness by an authority; to permit the use of tax increment financing; to reimburse authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state agencies and officers,".

The House agreed to the full title.

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

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

House Bill No. 5680, entitled

A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending sections 5, 6, and 7 (MCL 331.5, 331.6, and 331.7), section 5 as amended by 1984 PA 17 and section 7 as amended by 1983 PA 78.

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

Roll Call No. 438 Yeas--102

Adamini Faunce Lipsey Rison

Allen Frank Lockwood Rivet

Anderson George Mans Rocca

Basham Gieleghem McConico Schauer

Bernero Gilbert Mead Schermesser

Birkholz Godchaux Meyer Shackleton

Bisbee Gosselin Middaugh Sheltrown

Bishop Hager Minore Shulman

Bogardus Hale Mortimer Spade

Bovin Hansen Murphy Stamas

Bradstreet Hardman Neumann Stewart

Brown, B. Hart Newell Switalski

Brown, C. Howell O'Neil Tabor

Brown, R. Hummel Palmer Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Daniels Koetje Pumford Waters

Dennis Kolb Quarles Williams

DeRossett Kooiman Raczkowski Wojno

DeVuyst Kowall Reeves Woodward

DeWeese Kuipers Richardville Woronchak

Drolet LaSata Richner Zelenko

Ehardt Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Senate Bill No. 903, entitled

A bill to amend 1909 PA 269, entitled "An act to revise the laws relating to Michigan state university; and to prescribe the powers and duties of the board of trustees of Michigan state university," by amending section 20 (MCL 390.120).

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

Roll Call No. 439 Yeas--103

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

The Speaker Pro Tempore assumed the Chair.

Senate Bill No. 904, entitled

A bill to amend 1931 PA 96, entitled "An act to provide for the construction and maintenance of non-trunk line roads located within the limits of a United States forest," by amending section 3 (MCL 249.33).

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

Roll Call No. 440 Yeas--102

Ehardt Lemmons

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

______

Rep. McConico moved that Rep. Quarles be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5750, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as added by 1986 PA 127.

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

Roll Call No. 441 Yeas--102

Adamini Faunce Lipsey Rivet

Allen Frank Lockwood Rocca

Anderson George Mans Schauer

Basham Gieleghem McConico Schermesser

Bernero Gilbert Mead Shackleton

Birkholz Godchaux Meyer Sheltrown

Bisbee Gosselin Middaugh Shulman

Bishop Hager Minore Spade

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hardman Neumann Switalski

Brown, B. Hart Newell Tabor

Brown, C. Howell O'Neil Thomas

Brown, R. Hummel Palmer Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Daniels Koetje Pumford Waters

Dennis Kolb Raczkowski Williams

DeRossett Kooiman Reeves Wojno

DeVuyst Kowall Richardville Woodward

DeWeese Kuipers Richner Woronchak

Drolet LaSata Rison Zelenko

Ehardt Lemmons

Nays--0

In The Chair: Birkholz

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

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

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as amended by 2002 PA 13.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 5752, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by repealing sections 712 and 713 (MCL 257.712 and 257.713).

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

Roll Call No. 442 Yeas--102

Adamini Faunce Lipsey Rivet

Allen Frank Lockwood Rocca

Anderson George Mans Schauer

Basham Gieleghem McConico Schermesser

Bernero Gilbert Mead Shackleton

Birkholz Godchaux Meyer Sheltrown

Bisbee Gosselin Middaugh Shulman

Bishop Hager Minore Spade

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hardman Neumann Switalski

Brown, B. Hart Newell Tabor

Brown, C. Howell O'Neil Thomas

Brown, R. Hummel Palmer Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Daniels Koetje Pumford Waters

Dennis Kolb Raczkowski Williams

DeRossett Kooiman Reeves Wojno

DeVuyst Kowall Richardville Woodward

DeWeese Kuipers Richner Woronchak

Drolet LaSata Rison Zelenko

Ehardt Lemmons

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Senate Bill No. 905, entitled

A bill to amend 1859 PA 143, entitled "An act relative to the university interest fund," by amending section 1 (MCL 21.211).

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

Roll Call No. 443 Yeas--99

Adamini Ehardt LaSata Rocca

Allen Faunce Lipsey Schauer

Anderson Frank Lockwood Schermesser

Basham George Mans Shackleton

Bernero Gieleghem McConico Sheltrown

Birkholz Gilbert Mead Shulman

Bisbee Godchaux Meyer Spade

Bishop Gosselin Middaugh Stamas

Bogardus Hager Minore Stewart

Bovin Hale Mortimer Switalski

Bradstreet Hansen Murphy Tabor

Brown, B. Hardman Neumann Thomas

Brown, C. Hart Newell Toy

Brown, R. Howell O'Neil Van Woerkom

Callahan Hummel Palmer Vander Roest

Cassis Jacobs Pappageorge Vander Veen

Caul Jamnick Patterson Vear

Clark, I. Jansen Pestka Voorhees

Clarke, H. Johnson, Ruth Phillips Waters

Daniels Julian Pumford Williams

Dennis Koetje Raczkowski Wojno

DeRossett Kolb Reeves Woodward

DeVuyst Kooiman Richardville Woronchak

DeWeese Kowall Richner Zelenko

Drolet Kuipers Rivet

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Senate Bill No. 906, entitled

A bill to amend 1901 PA 232, entitled "An act to extend aid to the Michigan state college of agriculture and applied science," by amending section 4 (MCL 390.224); and to repeal acts and parts of acts.

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

Roll Call No. 444 Yeas--99

Adamini Ehardt LaSata Rivet

Allen Faunce Lemmons Rocca

Anderson Frank Lipsey Schauer

Basham George Lockwood Schermesser

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hardman Neumann Tabor

Brown, C. Hart Newell Toy

Brown, R. Howell O'Neil Van Woerkom

Callahan Hummel Palmer Vander Roest

Cassis Jacobs Pappageorge Vander Veen

Caul Jamnick Patterson Vear

Clark, I. Jansen Pestka Voorhees

Clarke, H. Johnson, Ruth Phillips Waters

Daniels Julian Pumford Williams

Dennis Koetje Raczkowski Wojno

DeRossett Kolb Reeves Woodward

DeVuyst Kooiman Richardville Woronchak

DeWeese Kowall Richner Zelenko

Drolet Kuipers Rison

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

House Bill No. 5754, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by repealing part 51 (MCL 324.5101 to 324.5103).

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

Roll Call No. 445 Yeas--100

Adamini Ehardt LaSata Richner

Allen Faunce Lemmons Rison

Anderson Frank Lipsey Rivet

Basham George Lockwood Rocca

Bernero Gieleghem Mans Schauer

Birkholz Gilbert McConico Schermesser

Bisbee Godchaux Mead Shackleton

Bishop Gosselin Meyer Sheltrown

Bogardus Hager Middaugh Shulman

Bovin Hale Minore Spade

Bradstreet Hansen Mortimer Stamas

Brown, B. Hardman Murphy Stewart

Brown, C. Hart Neumann Switalski

Brown, R. Howell Newell Tabor

Callahan Hummel O'Neil Toy

Cassis Jacobs Palmer Van Woerkom

Caul Jamnick Pappageorge Vander Roest

Clark, I. Jansen Patterson Vander Veen

Clarke, H. Johnson, Ruth Pestka Vear

Daniels Julian Phillips Voorhees

Dennis Koetje Plakas Waters

DeRossett Kolb Pumford Wojno

DeVuyst Kooiman Raczkowski Woodward

DeWeese Kowall Reeves Woronchak

Drolet Kuipers Richardville Zelenko

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

House Bill No. 5755, entitled

A bill to repeal 1927 PA 98, entitled "An act authorizing the state highway commissioner of the state of Michigan to enter into an agreement with the Wisconsin state highway commission to construct an interstate bridge project extending from approximately the intersection of Ogden avenue and Chandler street in the city of Menominee,

Michigan, in a straight line terminating at the approximate center of Dunlap square in the city of Marinette, Wisconsin, and to provide for the cost and expense thereof," (MCL 254.121 to 254.123).

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

Roll Call No. 446 Yeas--101

Adamini Faunce Lemmons Rison

Allen Frank Lipsey Rivet

Anderson George Lockwood Rocca

Basham Gieleghem Mans Schauer

Bernero Gilbert McConico Schermesser

Birkholz Godchaux Mead Shackleton

Bisbee Gosselin Meyer Sheltrown

Bishop Hager Middaugh Shulman

Bogardus Hale Minore Spade

Bovin Hansen Mortimer Stamas

Bradstreet Hardman Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Thomas

Callahan Jacobs Palmer Toy

Cassis Jamnick Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

Clark, I. Johnson, Ruth Pestka Vander Veen

Clarke, H. Julian Phillips Vear

Daniels Koetje Plakas Voorhees

Dennis Kolb Pumford Waters

DeRossett Kooiman Raczkowski Williams

DeVuyst Kowall Reeves Woodward

DeWeese Kuipers Richardville Woronchak

Drolet LaSata Richner Zelenko

Ehardt

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Patterson moved that a respectful message be sent to the Governor requesting the return of House Bill No. 5486.

The motion prevailed.

Messages from the Governor

April 9, 2002

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Randall:

Per the request of the House of Representatives, I am returning Enrolled House Bill No. 5486.

Sincerely,

John Engler

Governor

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Patterson moved to vacate the enrollment of House Bill No. 5486.

The motion prevailed.

Messages from the Senate

Rep. Patterson moved that Rule 67 be suspended.

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

House Bill No. 5486, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 58, 67, 69, 71, 90, 90a, 108, 112, 135, 173, and 176 (MCL 559.158, 559.167, 559.169, 559.171, 559.190, 559.190a, 559.208, 559.212, 559.235, 559.273, and 559.276), sections 58, 67, 69, 90, 108, 112, and 135 as amended and sections 90a and 176 as added by 2000 PA 379, section 71 as amended by 1982 PA 538, and section 173 as amended by 1983 PA 113; and to repeal acts and parts of acts.

Rep. Patterson moved to reconsider the vote by which the House concurred in the Senate amendments.

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

The question being on concurring in the Senate amendments,

The Senate requested the return of

House Bill No. 5486, entitled

Rep. Patterson moved that the request of the Senate be granted.

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Clarke, Neumann, Schermesser, Hardman, Raczkowski, McConico, DeWeese, Wojno, Bernero, Lipsey, Woodward, Adamini, Hansen, Gieleghem, Zelenko, Bogardus, Jamnick, Lockwood, Vander Roest, Murphy, Anderson, Spade, Reeves, Hale, DeRossett, Thomas, Hager, Ehardt, Vander Veen, Koetje, Van Woerkom, Rivet, Pappageorge, Shulman, Bovin, Rich Brown, Jacobs, Dennis, Lemmons, Birkholz, Faunce, Waters and Kolb offered the following resolution:

House Resolution No. 390.

A resolution honoring Deputy Darron McKinney.

Whereas, In grateful recognition of his loyal service protecting and defending the people of Wayne County, we offer our congratulations and thanks to Deputy Darron McKinney. He has gone above and beyond the tour of duty and has shown his commitment to public service many times throughout his years as a police officer; and

Whereas, This year, Darron recorded an album paying tribute to the men and women who protect the public. His song, "A Call to Courage" has touched the entire Metropolitan Detroit area. The song, that captures the essence of law enforcement, was created to bring police and those in public service closer to God. "A Call to Courage" promotes this attitude to the public. Patriotic tunes such as McKinney's have become a hit ever since the September 11th tragedies and we applaud Deputy Darron McKinney as he joins forces with millions of other musicians who bring the public together in such a tragic time. On behalf of everyone who has benefited directly from the work of this outstanding law enforcement officer and musician, and the countless others who reap the rewards of his sacrifices, we thank him; and

Whereas, Few professions hold more responsibility and danger than police work. The increasing presence of drugs and violence in our society has served to make this an even more difficult task in recent years. As we have seen in the past year alone, the most routine and seemingly innocent situation can quickly become a moment of terror. Each day, on each shift, the men and women who protect us, cope with this pressure while maintaining the perspective that most people are law abiding; and

Whereas, We appreciate all that Deputy Darron McKinney has endured and contributed over the course of his career. We draw strength from the high standards he has set and shares with the entire Wayne County Sheriff's Department; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Deputy Darron McKinney. May he and his family always enjoy the security that he has devoted his life to providing for others; and be it further

Resolved, That a copy of this resolution be transmitted to Darron McKinney as evidence of our high regard.

Pending the reference of the resolution to a committee,

Rep. Patterson 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. Bishop, Neumann, Schermesser, Hardman, Richardville, Raczkowski, McConico, DeWeese, Wojno, Lipsey, Woodward, Adamini, Hansen, Gieleghem, Julian, Zelenko, Bogardus, Jamnick, Lockwood, Vander Roest, Kooiman, Murphy, Clarke, Spade, Howell, Cassis, Hale, DeRossett, Thomas, Hager, Gilbert, Ehardt, Vear, Mead, Vander Veen, Toy, Koetje, Van Woerkom, Middaugh, Rivet, Bradstreet, Drolet, Gosselin, Meyer, Pappageorge, Shulman, Bovin, Jacobs, Lemmons, Birkholz, Kowall, Faunce, Voorhees, Waters and Kolb offered the following resolution:

House Resolution No. 391.

A resolution proclaiming April 29, 2002, as Student Technology Integration Day in Michigan.

Whereas, The growing need for informational technology in an academic environment presents itself as an excellent opportunity for advancement and creativity. Students benefit from the opportunity to learn to support technology based facilities and gain valuable work experience; and

Whereas, The Rochester Community Schools provide a world-class example by displaying exemplary student technology integration practices. There is a strong relationship between technological awareness and career success; and

Whereas, The Student Integration Technology Day programs promote student enrichment, while advancing the use of technology. Technology forums are instrumental in fostering the development of instructional technology through student and faculty partnerships; and

Whereas, The Student Integration Technology Day is truly unique, allowing the participants to demonstrate seamless integration of technology in the learning environment. A quality, daily technology education program is vital in helping people develop necessary career survival assets; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim the day of April 29, 2002, as Student Technology Integration Day in Michigan. We wish to promote technology integration and recommend students to consider instituting long-term technological goals. We also encourage all citizens and students to support the efforts by participating in activities that emphasize the importance of technology in their communities.

Pending the reference of the resolution to a committee,

Rep. Patterson 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. Thomas, Neumann, Schermesser, Hardman, Raczkowski, McConico, Quarles, Sheltrown, DeWeese, Wojno, Bernero, Lipsey, Woodward, Adamini, Hansen, Gieleghem, Zelenko, Bogardus, Jamnick, Lockwood, Vander Roest, Murphy, Anderson, Clarke, Spade, Reeves, Minore, Hale, DeRossett, Hager, Ehardt, Vander Veen, Toy, Koetje,
Van Woerkom, Rivet, Drolet, Pappageorge, Shulman, Bovin, Rich Brown, Jacobs, Plakas, Dennis, Lemmons, Birkholz, Faunce, Waters and Kolb offered the following resolution:

House Resolution No. 392.

A resolution honoring Dr. Nelis James Saunders upon the occasion of her 38 years of community service with the Daughter of the Elks, Nettie Carter Jackson Temple #962.

Whereas, Daughter, Dr. Nelis James Saunders is the child of the late Elder and Sister Dewey James. She had one sister, Mrs. Ollie James Wade, who is deceased. Daughter Saunders attended Middleton High School, in Tampa, Florida. She also attended Florida Memorial College, Florida A&M University, and Wayne State University, majoring in political science and journalism. She is the very proud mother of five children and thirteen grandchildren; and

Whereas, For the last 50 years, Dr. Nelis James Saunders has been an active member at Mt. Olive Baptist Church. She organized the Willa M. Grimes Circle in the Department of Missions, serves on the Usher Board and Scholarship Committee, and is a member of the Political and Social Concerns Committee; and

Whereas, Dr. Saunders was elected to the Michigan House of Representatives in 1969 and was one of the first black female state legislators. Dr. Saunders organized the National Black Women's Political Leadership Caucus in 1971 and that political organization is currently one the strongest in the United States; and

Whereas, Dr. Saunders is a member of the Lady Camille Temple #755 of the Improved Benevolent Protective Order of Elks of the World. She holds the highest honor in the Elks, that of Past Grand Daughter Ruler. She is also a life member and a Past Presiding Daughter. Dr. Saunders is a member of Gamma Phi Delta-Alpha Theta Chapter where she is a Past Presiding Basileus. She organized 22 Gamma Phi Delta-Alpha Theta Chapters in the states of Michigan, Florida, Texas, Tennessee, Arkansas, Ohio and Illinois; and

Whereas, Dr. Saunders is a member of the American Legion Women's Auxiliary, Detroit Association of Women's Clubs, Inc., Detroit Women's Economic Club, Booker T. Washington Business Association, NAACP Golden Heritage, and is the recipient of the Rose Rain Award; and

Whereas, There can be little doubt that her years of service to her community and her commitment to the Elks have guaranteed her a place in the hearts of its citizens. Dr. Saunders will long be remembered for her creative and unique style of building bridges, effecting positive legislative changes, and exemplifying true commitment and dedication. We offer our thanks on this personal milestone; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Dr. Nelis James Saunders upon the occasion of her 38 years of community service with the Daughter of the Elks, Nettie Carter Jackson Temple #962; and be it further

Resolved, That a copy of the resolution be transmitted to Daughter, Dr. Nelis James Saunders as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson 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. Julian, Neumann, Schermesser, Hardman, Richardville, Raczkowski, McConico, Sheltrown, DeWeese, Wojno, Bernero, Lipsey, Woodward, Adamini, Hansen, Gieleghem, Zelenko, Bogardus, Jamnick, Lockwood, Vander Roest, Kooiman, Murphy, Anderson, Clarke, Spade, Howell, Cassis, Minore, Hale, DeRossett, Thomas, Hager, Ehardt, Vear, Mead, Vander Veen, Toy, Koetje, Van Woerkom, Rivet, Drolet, Gosselin, Meyer, Pappageorge, Shulman, Bovin, Rich Brown, Jacobs, Plakas, Frank, Lemmons, Birkholz, Bishop, Kowall, Faunce, Voorhees, Waters and Kolb offered the following resolution:

House Resolution No. 393.

A resolution honoring the members and coaches of the New Lothrop Varsity Volleyball team upon the occasion of its outstanding season.

Whereas, It is a pleasure to join with their families, entire school, and all of New Lothrop in celebrating the achievements of the New Lothrop Varsity Volleyball team on its wonderful success over the past season. With the fine record this squad attained, which has culminated in the 2002 Class C State Volleyball Championship, this group of disciplined student-athletes has generated great pride throughout this part of our state; and

Whereas, Much to the delight of their loyal fans, the New Lothrop Hornets have also earned the respect of prep sports followers throughout Michigan with their talent, teamwork, and determination. As opponents have found out all season long, this is a team that brings unity and a positive outlook to all levels of competition. In the face of challenge and pressure, this is a group of young people who maintain their focus on making their dreams come true and accepting nothing less than their very best effort; and

Whereas, Winning titles or compiling outstanding seasons is never a fluke. While anything can happen in a single game, all teams show their true abilities and dedication over a long season or a difficult tournament. What distinguishes the best, however, is usually the effort that appears in practice, far removed from the excitement of game day. We admire the efforts, team spirit, and preparation of these talented young people; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the members and coaches of the New Lothrop Varsity Volleyball team upon the occasion of its outstanding season; and be it further

Resolved, That a copy of this resolution be transmitted to the New Lothrop Varsity Volleyball team as a token of our admiration.

Pending the reference of the resolution to a committee,

Rep. Patterson 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.

Reports of Select Committees

First Conference Report

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

House Bill No. 5763, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending sections 19, 20, 27, 29, 32, and 48 (MCL 421.19, 421.20, 421.27, 421.29, 421.32, and 421.48), section 19 as amended by 1996 PA 535, section 20 as amended by 1994 PA 162, section 27 as amended by 1995 PA 181, section 29 as amended by 1995 PA 25, section 32 as amended by 1996 PA 503, and section 48 as amended by 1983 PA 164, and by adding sections 13l and 32b.

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate and to the following amendments:

1. Amend page 8, line 25, after "then" by striking out the balance of the line through "otherwise" on line 26 and inserting "THE DIRECTOR WHO".

2. Amend page 9, line 4, after "THE" by striking out the balance of the line through "AGENCY" on line 5 and inserting "DIRECTOR".

3. Amend page 9, line 6, after "cover" by striking out "their" and inserting "HIS OR HER".

4. Amend page 44, line 2, after "section 75" by striking out the balance of the line through "13l" on line 4.

5. Amend page 44, line 11, after "$300.00" by striking out the balance of the line through "$415.00." on line 22 and inserting "BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 13l, AND, FOR BENEFIT YEARS THAT BEGIN ON AND AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 13l, THE INDIVIDUAL'S MAXIMUM WEEKLY BENEFIT RATE SHALL NOT EXCEED $415.00 DURING ALL OR ANY PORTION OF THE INITIAL 6-WEEK PERIOD IN A BENEFIT YEAR IN WHICH THE INDIVIDUAL RECEIVES BENEFITS; $390.00 DURING ALL OR ANY PORTION OF THE SUCCEEDING 10-WEEK PERIOD IN A BENEFIT YEAR IN WHICH THE INDIVIDUAL RECEIVES BENEFITS; AND $365.00 DURING ALL OR ANY PORTION OF THE SUCCEEDING 10-WEEK PERIOD IN A BENEFIT YEAR IN WHICH THE INDIVIDUAL RECEIVES BENEFITS.".

6. Amend page 49, line 18, after "remuneration." by striking out "HOWEVER, BEFORE THE PAYMENT OF BENEFITS IN A BENEFIT YEAR, THE INDIVIDUAL MUST SERVE A NONCOMPENSABLE WEEK FOR THE FIRST OTHERWISE COMPENSABLE WEEK OF THE BENEFIT YEAR. THE NONCOMPENSABLE WEEK REQUIRED UNDER THE PRECEDING SENTENCE SHALL NOT INTERRUPT THE PAYMENT OF A WEEKLY BENEFIT RATE FOR CONSECUTIVE WEEKS OF UNEMPLOYMENT. AN ELIGIBLE INDIVIDUAL SHALL BE PAID HIS OR HER WEEKLY BENEFIT RATE WITH RESPECT TO THE WEEK FOR WHICH THE INDIVIDUAL RECEIVED CREDIT FOR A NONCOMPENSABLE WEEK WHEN THE INDIVIDUAL'S UNEMPLOYMENT IS TERMINATED BY THE INDIVIDUAL ACCEPTING FULL-TIME WORK WITH ANY EMPLOYER OR EMPLOYING UNIT OR WHEN THE INDIVIDUAL IS NO LONGER ELIGIBLE FOR BENEFITS." and inserting "HOWEVER, BEFORE THE PAYMENT OF BENEFITS IN A BENEFIT YEAR, THE INDIVIDUAL MUST SERVE 1 NONCOMPENSABLE WEEK FOR THE FIRST OTHERWISE COMPENSABLE WEEK OF THE BENEFIT YEAR. THE NONCOMPENSABLE WEEK REQUIRED UNDER THE PRECEDING SENTENCE SHALL NOT INTERRUPT THE PAYMENT OF A WEEKLY BENEFIT RATE FOR CONSECUTIVE WEEKS OF UNEMPLOYMENT. AN ELIGIBLE AND QUALIFIED INDIVIDUAL SHALL BE PAID 1 INCENTIVE PAYMENT PER BENEFIT YEAR THAT CONSISTS OF HIS OR HER WEEKLY BENEFIT RATE WITH RESPECT TO THE WEEK FOR WHICH THE INDIVIDUAL RECEIVED CREDIT FOR THE NONCOMPENSABLE WEEK IF THE INDIVIDUAL'S UNEMPLOYMENT WAS TERMINATED BY THE INDIVIDUAL ACCEPTING FULL-TIME WORK WITH ANY EMPLOYER LIABLE UNDER THIS ACT OR THE UNEMPLOYMENT COMPENSATION LAW OF ANOTHER STATE BY THE END OF THE THIRD CALENDAR WEEK AFTER THE END OF THE FIRST CALENDAR WEEK IN WHICH THE INDIVIDUAL EARNS OR RECEIVES NO REMUNERATION. AN INCENTIVE PAYMENT IS PAYABLE PURSUANT TO THE PRECEDING SENTENCE ONLY FOR 1 WEEK IN AN ELIGIBLE AND QUALIFIED INDIVIDUAL'S BENEFIT YEAR AND ONLY TO THE EXTENT THAT THE INDIVIDUAL IS OTHERWISE ELIGIBLE AND QUALIFIED FOR BENEFITS.".

7. Amend page 92, line 27, after "separation" by inserting "WITHIN 30 DAYS OF THE SEPARATION".

8. Amend page 99, line 23, after "IS" by striking out "$1,250,000,000.00" and inserting "$1,000,000,000.00".

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

A bill to amend 1936 (Ex Sess) PA 1, entitled "An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 3, 4, 4a, 10, 19, 20, 27, 29, 32, 44, 48, 54, and 54c (MCL 421.3, 421.4, 421.4a, 421.10, 421.19, 421.20, 421.27, 421.29, 421.32, 421.44, 421.48, 421.54, and 421.54c), section 4 as amended by 1996 PA 498, section 10 as amended by 1989 PA 224, section 19 as amended by 1996 PA 535, sections 20 and 54 as amended by 1994 PA 162, section 27 as amended by 1995 PA 181, section 29 as amended by 1995 PA 25, section 32 as amended by 1996 PA 503, section 44 as amended by 1996
PA 504, section 48 as amended by 1983 PA 164, and section 54c as amended by 1993 PA 277, and by adding sections 5b, 13l, and 32b; and to repeal acts and parts of acts.

Rick Johnson

Clark Bisbee

Conferees for the House

Glenn Steil

Dan L. DeGrow

Conferees for the Senate

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

Reports of Standing Committees

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Bill No. 5761, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20145 and 21523 (MCL 333.20145 and 333.21523), section 20145 as amended by 1993 PA 88.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 5761 To Report Out:

Yeas: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Vander Veen, Woronchak, Neumann, Adamini, Hardman, Schauer, Williams,

Nays: None.

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

Senate Bill No. 1009, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 1009 To Report Out:

Yeas: Reps. Ehardt, Raczkowski, Bradstreet, Ruth Johnson, Rocca, Vander Veen, Woronchak, Neumann, Adamini, Hardman, Schauer, Williams,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 9, 2002, at 9:00 a.m.,

Present: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Vander Veen, Woronchak, Neumann, Adamini, Hardman, Schauer, Williams,

Absent: Reps. Scranton, Garza,

Excused: Reps. Scranton, Garza.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 5682, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending sections 9 and 14 (MCL 28.429 and 28.434), section 9 as amended by 1996 PA 169 and section 14 as amended by 2000 PA 381.

The committee recommended that the bill be referred to the Committee on Civil Law and the Judiciary.

Favorable Roll Call

HB 5682 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, Gosselin, Raczkowski, McConico, Rison,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Civil Law and the Judiciary.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 5683, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending sections 5j, 5l, and 5o (MCL 28.425j, 28.425l, and 28.425o), as added by 2000 PA 381.

The committee recommended that the bill be referred to the Committee on Civil Law and the Judiciary.

Favorable Roll Call

HB 5683 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, Gosselin, Raczkowski, McConico, Rison,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Civil Law and the Judiciary.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Faunce, Chair of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, April 9, 2002, at 10:30 a.m.,

Present: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, McConico, Rison,

Absent: Reps. Callahan, O'Neil,

Excused: Reps. Callahan, O'Neil.

The Committee on Senior Health, Security and Retirement, by Rep. Voorhees, Chair, reported

House Bill No. 5727, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 17a (MCL 141.917a), as amended by 1987 PA 283.

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

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

Favorable Roll Call

HB 5727 To Report Out:

Yeas: Reps. Voorhees, Cassis, Kuipers, Vear, Williams, Bovin, Spade, Zelenko,

Nays: None.

The Committee on Senior Health, Security and Retirement, by Rep. Voorhees, Chair, reported

House Bill No. 5730, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 12a (MCL 46.12a), as amended by 1998 PA 502.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 5730 To Report Out:

Yeas: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, Spade, Zelenko,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Voorhees, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Tuesday, April 9, 2002, at 10:30 a.m.,

Present: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, Spade, Zelenko.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Bill No. 5360, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 251 (MCL 257.251), as amended by 2000 PA 397.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 5360 To Report Out:

Yeas: Reps. Allen, Bishop, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Rivet, Kolb, Lemmons, Lipsey, McConico, Waters,

Nays: None.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Bill No. 5361, entitled

A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending section 17 (MCL 257.1317), as amended by 1988 PA 254.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 5361 To Report Out:

Yeas: Reps. Allen, Bishop, Bisbee, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Rivet, Kolb, Lemmons, Lipsey, McConico, Waters,

Nays: None.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Bill No. 5362, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803 (MCL 257.803).

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 1, following line 11, by inserting:

"Enacting section 1. This amendatory act takes effect July 1, 2002.".

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

Favorable Roll Call

HB 5362 To Report Out:

Yeas: Reps. Allen, Bishop, Bisbee, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, McConico, Waters,

Nays: None.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Bill No. 5364, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 11 (MCL 257.11), as amended by 1990 PA 154, and by adding section 248j.

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

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

Favorable Roll Call

HB 5364 To Report Out:

Yeas: Reps. Allen, Bishop, Bisbee, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, McConico, Waters, Zelenko,

Nays: None.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Bill No. 5365, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217 and 234 (MCL 257.217 and 257.234), section 217 as amended by 2000 PA 397 and section 234 as amended by 2000 PA 151.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 5365 To Report Out:

Yeas: Reps. Allen, Bishop, Bisbee, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, McConico, Waters, Zelenko,

Nays: None.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Bill No. 5804, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217, 222, and 251 (MCL 257.217, 257.222, and 257.251), as amended by 2000 PA 397, and by adding section 17c.

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

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

Favorable Roll Call

HB 5804 To Report Out:

Yeas: Reps. Allen, Bishop, Bisbee, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, McConico, Waters, Zelenko,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 9, 2002, at 9:00 a.m.,

Present: Reps. Allen, Bishop, Bisbee, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, McConico, Waters, Zelenko,

Absent: Rep. DeVuyst,

Excused: Rep. DeVuyst.

Messages from the Senate

Senate Bill No. 1006, entitled

A bill 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 1996 PA 370.

The Senate has amended the House amendments as follows:

1. Amend House Amendment No. 1, page 6, line 3, after "VIOLENT" by inserting "OR OTHER".

2. Amend House Amendment No. 2, page 6, line 4, after "VIOLENT" by inserting "OR OTHER".

3. Amend House Amendment No. 3, page 6, line 5, after "VIOLENT" by inserting "OR OTHER".

4. Amend House Amendment No. 4, page 6, line 14, after "inserting" by striking out the balance of the amendment and inserting ""VIOLENT OR OTHER FELONY" MEANS A VIOLATION OF A PENAL LAW OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES FOR WHICH THE OFFENDER, UPON CONVICTION, MAY BE PUNISHED BY DEATH OR IMPRISONMENT FOR MORE THAN 1 YEAR OR AN OFFENSE EXPRESSLY DESIGNATED BY LAW TO BE A FELONY.".

The Senate has concurred in the House amendments as amended, ordered that it given immediate effect and agreed to the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Notices

April 9, 2002

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

This letter is to inform you that I am temporarily removing Representative Gretchen Whitmer from the House Appropriations Committee and replacing her with Representative Michael Murphy. Accordingly, I hereby make the following changes in the Appropriations subcommittee assignments:

Representative Michael Murphy replaces Representative Gretchen Whitmer as Minority Vice-Chair of the Subcommittees on General Government and State Police/Military and Veterans Affairs. Representative Michael Murphy also replaces Representative Gretchen Whitmer as a member of the Subcommittee on Community Health.

Representative Rich Brown replaces Representative Gretchen Whitmer on the Subcommittee on Higher Education.

Thank you for your attention to this matter.

Sincerely,

Rick Johnson

Speaker of the House

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Friday, March 22, for his approval of the following bills:

Enrolled House Bill No. 5118 at 3:44 p.m.

Enrolled House Bill No. 5328 at 3:46 p.m.

Enrolled House Bill No. 5400 at 3:48 p.m.

Enrolled House Bill No. 5674 at 3:50 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 25, for his approval of the following bills:

Enrolled House Bill No. 5108 at 3:36 p.m.

Enrolled House Bill No. 5109 at 3:38 p.m.

Enrolled House Bill No. 5110 at 3:40 p.m.

Enrolled House Bill No. 5112 at 3:42 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 26, for his approval of the following bills:

Enrolled House Bill No. 5021 at 10:30 a.m.

Enrolled House Bill No. 5114 at 10:32 a.m.

Enrolled House Bill No. 5216 at 10:34 a.m.

Enrolled House Bill No. 5732 at 10:36 a.m.

Enrolled House Bill No. 5270 at 4:00 p.m.

Enrolled House Bill No. 5349 at 4:02 p.m.

Enrolled House Bill No. 5422 at 4:04 p.m.

Enrolled House Bill No. 5495 at 4:06 p.m.

Enrolled House Bill No. 5496 at 4:08 p.m.

Enrolled House Bill No. 5501 at 4:10 p.m.

Enrolled House Bill No. 5513 at 4:12 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, March 27, for his approval of the following bills:

Enrolled House Bill No. 5041 at 2:46 p.m.

Enrolled House Bill No. 5295 at 2:48 p.m.

Enrolled House Bill No. 5486 at 2:50 p.m.

Enrolled House Bill No. 5506 at 2:52 p.m.

Enrolled House Bill No. 5507 at 2:54 p.m.

Enrolled House Bill No. 5509 at 2:56 p.m.

Enrolled House Bill No. 5512 at 2:58 p.m.

Enrolled House Bill No. 5520 at 3:00 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 28, for his approval of the following bills:

Enrolled House Bill No. 5511 at 1:37 p.m.

Enrolled House Bill No. 4037 at 1:39 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, April 9, for his approval of the following bill:

Enrolled House Bill No. 5335 at 3:40 p.m.

Messages from the Governor

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: March 25, 2002

Time: 1:35 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5205 (Public Act No. 78, 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 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 719 (MCL 257.719), as amended by 2000 PA 306.

(Filed with the Secretary of State March 25, 2002, at 2:55 p.m.)

Date: March 25, 2002

Time: 1:25 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4859 (Public Act No. 79, 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 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 7411 (MCL 333.7411), as amended by 1993 PA 169.

(Filed with the Secretary of State March 25, 2002, at 2:57 p.m.)

Date: March 25, 2002

Time: 1:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5434 (Public Act No. 80), being

An act to amend 1939 PA 141, entitled ''An act to permit the director of the department of agriculture of this state to regulate the storage, warehousing, buying, and selling of farm produce within this state; to provide for the licensing, regulation, and bonding of grain dealers; to provide for warehouse receipts and price later agreements and their priority; to provide for the creation of security interests; to provide for the establishment of an inspection service and personnel for licensed grain dealers; and to provide penalties for the violation of this act,'' by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, and 22 (MCL 285.62, 285.63, 285.64, 285.65, 285.66, 285.67, 285.68, 285.69, 285.70, 285.71, 285.72, 285.73, 285.74, 285.75, 285.76, 285.78, 285.79, 285.80, 285.81, and 285.82), the title as amended by 1984 PA 169, sections 2, 3, 5, 6, and 18 as amended and section 21 as added by 1996 PA 311, and section 7 as amended by 1982 PA 33, and by adding sections 17, 23, 24, 25, 26, 27, and 28; and to repeal acts and parts of acts.

(Filed with the Secretary of State March 25, 2002, at 2:59 p.m.)

Date: March 25, 2002

Time: 1:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4860 (Public Act No. 81, I.E.), being

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," by amending section 43524 (MCL 324.43524), as amended by 1996 PA 585.

(Filed with the Secretary of State March 25, 2002, at 3:01 p.m.)

Date: March 25, 2002

Time: 10:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5026 (Public Act No. 82, I.E.), being

An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 231a (MCL 750.231a).

(Filed with the Secretary of State March 26, 2002, at 10:08 a.m.)

Date: March 26, 2002

Time: 4:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5216 (Public Act No. 91, 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 2, 33, 770, 770a, 771, 773, 794a, 795, and 971 (MCL 168.2, 168.33, 168.770, 168.770a, 168.771, 168.773, 168.794a, 168.795, and 168.971), section 2 as amended by 1999 PA 216, section 33 as amended by 1996 PA 583, section 794a as amended by 1995 PA 261, section 795 as amended by 2001 PA 269, and section 971 as amended by 1976 PA 66, and by adding section 37; and to repeal acts and parts of acts.

(Filed with the Secretary of State March 27, 2002, at 10:35 a.m.)

Date: March 27, 2002

Time: 9:05 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5674 (Public Act No. 92), 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 512, 524, 527, 535, 549b, 549e, 550a, 821, 821a, 822, 8143, 8144, 8146, 8147, 8148, 8152, and 8176 (MCL 600.512, 600.524, 600.527, 600.535, 600.549b, 600.549e, 600.550a, 600.821, 600.821a, 600.822, 600.8143, 600.8144, 600.8146, 600.8147, 600.8148, 600.8152, and 600.8176), sections 535, 550a, and 8147 as amended by 1990 PA 54, section 549e as added by 1980 PA 129, section 821 as amended by 1998 PA 298, section 821a as added by 1998 PA 100, section 822 as amended by 1998 PA 313, section 8152 as amended by 2000 PA 38, and section 8176 as amended by 1994 PA 138, and by adding section 810a; and to repeal acts and parts of acts.

(Filed with the Secretary of State March 27, 2002, at 3:55 p.m.)

Date: March 27, 2002

Time: 9:55 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5732 (Public Act No. 93, I.E.), being

An act to amend 1943 PA 240, entitled "An act to provide for a state employees' retirement system; to create a state employees' retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; and to prescribe penalties and provide remedies," by amending sections 1b, 1d, 5, 11, 13, 17j, 19, 20, 20d, 21, 24, 31, 33, 38, 46, 48, 49, and 52 (MCL 38.1b, 38.1d, 38.5, 38.11, 38.13, 38.17j, 38.19, 38.20, 38.20d, 38.21, 38.24, 38.31, 38.33, 38.38, 38.46, 38.48, 38.49, and 38.52), section 1b as amended by 1996 PA 33, sections 1d and 49 as added by 1995 PA 176, sections 11 and 13 as amended and section 52 as added by 1996 PA 487, sections 17j, 19, and 31 as amended by 1998 PA 205, section 20 as amended by 1996 PA 521, section 20d as amended by 1996 PA 532, section 38 as amended by 1996 PA 279, and section 48 as added by 1990 PA 110, and by adding sections 17n, 19g, and 19h.

(Filed with the Secretary of State March 27, 2002, at 3:57 p.m.)

Date: March 27, 2002

Time: 9:57 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5110 (Public Act No. 94, I.E.), being

An act to amend 1980 PA 300, entitled "An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 4, 34, 36, 41, 43a, 46, 85, and 108 (MCL 38.1304, 38.1334, 38.1336, 38.1341, 38.1343a, 38.1346, 38.1385, and 38.1408), sections 4, 34, 36, and 41 as amended by 1997 PA 143, section 43a as amended by 1990 PA 298, section 46 as amended by 1991 PA 47, and sections 85 and 108 as amended by 1998 PA 213.

(Filed with the Secretary of State March 27, 2002, at 3:58 p.m.)

Date: March 27, 2002

Time: 10:00 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5112 (Public Act No. 95, I.E.), being

An act to amend 1992 PA 234, entitled ''An act to establish a judges retirement system; to provide for the administration and maintenance of the retirement system; to create a retirement board; to prescribe the powers and duties of the retirement board; to establish certain reserves for the retirement system; to establish certain funds; to prescribe the powers and duties of certain state departments and certain state and local officials and employees; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,'' by amending the title and sections 105, 213, 214, 216, 217, 304, 305, 308, 401a, 405, 506, 508, 604, 714, and 720 (MCL 38.2105, 38.2213, 38.2214, 38.2216, 38.2217, 38.2304, 38.2305, 38.2308, 38.2401a, 38.2405, 38.2506, 38.2508, 38.2604, 38.2664, and 38.2670), sections 105 and 604 as amended by 1995 PA 193, section 214 as amended and section 720 as added by 1996 PA 523, section 217 as amended by 1998 PA 99, and sections 401a, 506, 508, and 714 as amended by 1999 PA 215.

(Filed with the Secretary of State March 27, 2002, at 4:00 p.m.)

Date: March 27, 2002

Time: 12:04 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5113 (Public Act No. 96, I.E.), being

An act to amend 1986 PA 182, entitled "An act to provide for the Michigan department of state police retirement system; to create certain reserves and certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of the department of state police, the department of management and budget, and certain state officers; and to repeal certain acts and parts of acts," by amending section 43 (MCL 38.1643), as amended by 1991 PA 53.

(Filed with the Secretary of State March 27, 2002, at 4:01 p.m.)

Date: March 27, 2002

Time: 12:06 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5114 (Public Act No. 97, I.E.), being

An act to amend 1957 PA 261, entitled "An act for the creation, maintenance, and administration of a legislative members' and presiding officers' retirement system within the legislature; to provide retirement allowances to the participants of the retirement system, and survivors' allowances and other benefits to their beneficiaries upon death; to exempt those allowances and benefits from certain taxes and legal processes; to authorize and make appropriations for the retirement system; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; and to prescribe penalties and provide remedies," by amending the title and sections 8a, 9, 13a, 14, 20, 22a, 22c, 23, 23d, 26, 30, 57, 59a, 61, 62, 63, and 80 (MCL 38.1008a, 38.1009, 38.1013a, 38.1014, 38.1020, 38.1022a, 38.1022c, 38.1023, 38.1023d, 38.1026, 38.1030, 38.1057, 38.1059a, 38.1061, 38.1062, 38.1063, and 38.1080), the title as amended and sections 61, 63, and 80 as added by 1996 PA 486, sections 8a and 59a as added by 1995 PA 175, sections 9, 22c, 23, 23d, and 26 as amended by 1998 PA 501, section 13a as amended by 1998 PA 78, sections 14 and 20 as amended by 1981 PA 123, sections 22a and 30 as amended by 1994 PA 359, section 57 as amended by 1995 PA 258, and section 62 as amended by 1998 PA 305.

(Filed with the Secretary of State March 27, 2002, at 4:02 p.m.)

Date: March 27, 2002

Time: 12:08 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5111 (Public Act No. 98, I.E.), being

An act to amend 1937 PA 345, entitled "An act to provide for the establishment, maintenance, and administration of a system of pensions and retirements for the benefit of the personnel of fire and police departments employed by cities, villages, or municipalities having full paid members in the departments, and for the spouses and children of the members; to provide for the creation of a board of trustees to manage and operate the system; to authorize appropriations and deductions from salaries; to prescribe penalties and provide remedies; and to repeal all acts and parts of acts inconsistent therewith," by amending sections 6 and 9 (MCL 38.556 and 38.559), as amended by 1991 PA 54.

(Filed with the Secretary of State March 27, 2002, at 4:04 p.m.)

Date: March 27, 2002

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. 5109 (Public Act No. 99, I.E.), being

(Filed with the Secretary of State March 27, 2002, at 4:05 p.m.)

Date: March 27, 2002

Time: 12:20 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5108 (Public Act No. 100, I.E.), being

An act to protect certain rights that public employees have in retirement benefits under certain circumstances; to provide for the establishment of certain funds and arrangements; and to prescribe the powers and duties of certain retirement systems, state departments, courts, public officials, and public employees.

(Filed with the Secretary of State March 27, 2002, at 4:06 p.m.)

Date: March 27, 2002

Time: 2:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5125 (Public Act No. 101, I.E.), being

(Filed with the Secretary of State March 27, 2002, at 4:08 p.m.)

Date: March 27, 2002

Time: 12:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5126 (Public Act No. 102, 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 section 16r of chapter XVII (MCL 777.16r), as amended by 2000 PA 279.

(Filed with the Secretary of State March 27, 2002, at 4:10 p.m.)

Date: March 27, 2002

Time: 2:25 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5145 (Public Act No. 107, I.E.), being

An act 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," by amending section 9307 (MCL 324.9307), as amended by 1998 PA 463.

(Filed with the Secretary of State March 27, 2002, at 4:20 p.m.)

Date: March 27, 2002

Time: 2:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4937 (Public Act No. 108, I.E.), being

(Filed with the Secretary of State March 27, 2002, at 4:22 p.m.)

Date: April 1, 2002

Time: 9:32 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5327 (Public Act No. 111, 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," (MCL 380.1 to 380.1852) by adding section 1165.

(Filed with the Secretary of State April 1, 2002, at 11:20 a.m.)

Date: March 29, 2002

Time: 1:28 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4037 (Public Act No. 126, I.E.), being

(Filed with the Secretary of State April 1, 2002, at 11:50 a.m.)

Date: March 29, 2002

Time: 1:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5041 (Public Act No. 127, 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 section 12d of chapter XVII (MCL 777.12d), as added by 2002 PA 34.

(Filed with the Secretary of State April 1, 2002, at 11:52 a.m.)

Date: March 29, 2002

Time: 1:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5270 (Public Act No. 128, I.E.), being

An act to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending section 1 (MCL 780.651), as amended by 1990 PA 43.

(Filed with the Secretary of State April 1, 2002, at 11:54 a.m.)

Date: March 29, 2002

Time: 1:34 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5295 (Public Act No. 129, 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 2 to chapter II.

(Filed with the Secretary of State April 1, 2002, at 11:56 a.m.)

Date: March 29, 2002

Time: 1:36 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5349 (Public Act No. 130, I.E.), being

An act to amend 1976 PA 442, entitled ''An act to provide for public access to certain public records of public bodies; to permit certain fees; to prescribe the powers and duties of certain public officers and public bodies; to provide remedies and penalties; and to repeal certain acts and parts of acts,'' by amending section 13 (MCL 15.243), as amended by 2001 PA 74.

(Filed with the Secretary of State April 1, 2002, at 11:58 a.m.)

Date: March 29, 2002

Time: 1:38 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5495 (Public Act No. 131, I.E.), being

(Filed with the Secretary of State April 1, 2002, at 12:00 p.m.)

Date: March 29, 2002

Time: 1:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5496 (Public Act No. 132, I.E.), being

An act to amend 1976 PA 390, entitled ''An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; to repeal certain acts and parts of acts; and to repeal certain parts of the act,'' by amending sections 3, 7, 7a, 8, 9, 10, and 11 (MCL 30.403, 30.407, 30.407a, 30.408, 30.409, 30.410, and 30.411), sections 3, 7, 8, 9, 10, and 11 as amended and section 7a as added by 1990 PA 50, and by adding section 21; and to repeal acts and parts of acts.

(Filed with the Secretary of State April 1, 2002, at 12:02 p.m.)

Date: March 29, 2002

Time: 1:42 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5501 (Public Act No. 133, I.E.), being

An act to amend 1967 PA 150, entitled "An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, deployment, employment, and retirement; and to repeal certain acts and parts of acts," by amending sections 105, 179, and 310 (MCL 32.505, 32.579, and 32.710), sections 105 and 179 as amended by 1998 PA 212 and section 310 as amended by 1990 PA 301, and by adding section 372a.

(Filed with the Secretary of State April 1, 2002, at 12:04 p.m.)

Date: March 29, 2002

Time: 1:44 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5506 (Public Act No. 134, I.E.), being

(Filed with the Secretary of State April 1, 2002, at 12:06 p.m.)

Date: March 29, 2002

Time: 1:46 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5507 (Public Act No. 135, I.E.), being

(Filed with the Secretary of State April 1, 2002, at 12:08 p.m.)

Date: March 29, 2002

Time: 1:48 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5509 (Public Act No. 136, I.E.), being

(Filed with the Secretary of State April 1, 2002, at 12:10 p.m.)

Date: April 1, 2002

Time: 9:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5511 (Public Act No. 140, I.E.), being

(Filed with the Secretary of State April 1, 2002, at 12:18 p.m.)

Date: April 1, 2002

Time: 9:42 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5512 (Public Act No. 141, I.E.), being

(Filed with the Secretary of State April 1, 2002, at 12:20 p.m.)

Date: April 1, 2002

Time: 9:44 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5513 (Public Act No. 142, I.E.), being

(Filed with the Secretary of State April 1, 2002, at 12:22 p.m.)

Date: April 1, 2002

Time: 9:46 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5520 (Public Act No. 143, 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 section 22 of chapter XVII (MCL 777.22), as amended by 2000 PA 279.

(Filed with the Secretary of State April 1, 2002, at 12:24 p.m.)

Date: April 1, 2002

Time: 4:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5400 (Public Act No. 146, I.E.), being

An act to amend 1956 PA 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation of this act," by amending section 5208 (MCL 500.5208), as amended by 1984 PA 267, and by adding section 407a.

(Filed with the Secretary of State April 2, 2002, at 8:57 a.m.)

Date: April 1, 2002

Time: 4:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5328 (Public Act No. 147, I.E.), being

An act to amend 1879 PA 237, entitled "An act to provide for the execution, acknowledgment, and recording of contracts for the sale of land," by amending section 6 (MCL 565.356), as added by 1998 PA 106.

(Filed with the Secretary of State April 2, 2002, at 8:59 a.m.)

Date: April 8, 2002

Time: 11:15 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5021 (Public Act No. 149, I.E.), being

(Filed with the Secretary of State April 8, 2002, at 2:38 p.m.)

Date: April 8, 2002

Time: 11:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5422 (Public Act No. 152, I.E.), being

An act to amend 1966 PA 331, entitled "An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 127 (MCL 389.127), as added by 1982 PA 342.

(Filed with the Secretary of State April 8, 2002, at 2:44 p.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

March 11, 2002

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 2:24 P.M. this date, administrative rule (02-03-01) for the Department of Environmental Quality, Air Quality Division, entitled "Part 11. Continuous Emission Monitoring", effective 7 days hereafter.

March 11, 2002

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 2:26 P.M. this date, administrative rule (02-03-02) for the Department of Environmental Quality, Air Quality Division, entitled "Part 4. Emissions Limitations and Prohibitions--Sulfur-Bearing Compounds", effective 7 days hereafter.

March 11, 2002

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 2:29 P.M. this date, administrative rule (02-03-03) for the Department of Environmental Quality, Air Quality Division, entitled "Part 3. Emissions Limitations and Prohibitions--Particulate Matter", effective 7 days hereafter.

March 11, 2002

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 2:31 P.M. this date, administrative rule (02-03-04) for the Department of Environmental Quality, Air Quality Division, entitled "Part 9. Emissions Limitations and Prohibitions--Miscellaneous", effective 7 days hereafter.

March 11, 2002

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 2:33 P.M. this date, administrative rule (02-03-05) for the Department of Environmental Quality, Air Quality Division, entitled "Part 7. Emissions Limitations and Prohibitions--New Sources of Volatile Organic Compounds Emissions", effective 7 days hereafter.

March 11, 2002

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 2:35 P.M. this date, administrative rule (02-03-06) for the Department of Environmental Quality, Air Quality Division, entitled "Part 6. Emissions Limitations and Prohibitions--Existing Sources for Volatile Organic Compounds Emissions", effective 7 days hereafter.

March 11, 2002

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 2:37 P.M. this date, administrative rule (02-03-07) for the Department of Environmental Quality, Air Quality Division, entitled "Part 10. Intermittent Testing and Sampling", effective 7 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communications were referred to the Clerk.

The following communication from the Department of Civil Service was received and read:

March 22, 2002

Enclosed is the Appropriation/Fiscal Analysis Report for the Department of Civil Service for fiscal year 2000-01. This report is provided in accordance with Article XI, Section 5 of the Constitution of the State of Michigan.

Sincerely,

John F. Lopez

State Personnel Director

The communication was referred to the Clerk.

The following communication from the Department of Management and Budget was received and read:

February 13, 2002

I am pleased to present you with a copy of the Annual Report for the Michigan Public School Employees Retirement System, the State Employees Retirement System, the State Police Retirement System and the Judges Retirement System for the fiscal year ending September 30, 2001.

Sincerely,

Duane E. Berger

Director

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

March 29, 2002

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the

Appellate Defender Commission

March 2002

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.

The following communication from the Department of Consumer and Industry Services was received and read:

March 28, 2002

Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Special Investigation Report Bay Pines Center 2002C0114007 CS210200969

Special Investigation Report Sequoyah Center 2002C0117003 CS470201401

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our web site at the following address: http://www.cis.state.mi.us/fast/leg_rep.htm.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

Sincerely,

John R. Suckow, C.P.A.

Director, Finance and Administrative Services

The communication was referred to the Clerk.

The following communication from the Department of State Police was received and read:

April 2, 2002

Enclosed is a copy of the FY01 Annual Report and Evaluation for the Secondary Road Patrol and Traffic Accident Prevention Program.

This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended.

Should you have any questions about this report, please contact Kim Kelly at (517) 333-5305.

Sincerely,

Betty J. Mercer

Division Director

Office of Highway Safety Planning

The communication was referred to the Clerk.

Introduction of Bills

Reps. Schauer, Lipsey, Richardville, Anderson, Woodward, Spade, Mans, Gosselin, Vander Veen and Voorhees introduced

House Bill No. 5820, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 141a (MCL 750.141a), as added by 1994 PA 31.

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

Rep. Jelinek introduced

House Bill No. 5821, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 445 (MCL 380.445).

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

Rep. Palmer introduced

House Bill No. 5822, entitled

A bill to amend 1993 PA 159, entitled "An act to provide for the establishment of a base conversion authority; to prescribe the powers and duties of the base conversion authority; and to provide for conversion of certain bases to civilian uses," by amending section 8 (MCL 3.578).

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

Rep. Bisbee introduced

House Bill No. 5823, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 4302 (MCL 324.4302).

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

Reps. Pestka, Raczkowski, Hansen, Zelenko, Lockwood, Rich Brown, Minore, Jacobs, Rivet, Thomas, McConico, Bob Brown, Plakas, Neumann, Quarles, Wojno, O'Neil, Switalski, Sheltrown, Bernero, Schauer, Spade, Gosselin, Woodward, Whitmer, Mans, Dennis, Anderson and Adamini introduced

House Bill No. 5824, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 520, and 527a (MCL 206.30, 206.520, and 206.527a), section 30 as amended by 2000 PA 400, section 520 as amended by 1995 PA 245, and section 527a as amended by 2001 PA 169.

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

Reps. George, Bernero, Raczkowski, Vander Veen, Van Woerkom and Lemmons introduced

House Bill No. 5825, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 3A.

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

Reps. Raczkowski, George, Bernero, Vander Veen, Van Woerkom and Lemmons introduced

House Bill No. 5826, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a and 161 (MCL 330.1100a and 330.1161), as amended by 1998 PA 497.

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

Reps. Bernero, George, Raczkowski, Vander Veen, Van Woerkom and Lemmons introduced

House Bill No. 5827, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding sections 369, 371, 373, 375, 377, 379, 381, 383, 385, 387, 389, 391, 393, 395, and 397.

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

Reps. Lemmons, Bovin, Hale, Clark, Reeves, Garza, Frank, Kolb, Patterson, Stewart, DeWeese, Bishop, DeVuyst, Shulman, Hansen, Howell, Sheltrown, Neumann, Pestka, Switalski, Daniels, Caul, Hart, Mead, Kooiman, Middaugh, Phillips, Williams, Quarles, Adamini, Rich Brown, Lipsey, Waters, Zelenko, Murphy, O'Neil, Spade, Schauer, Mans, Lockwood, Woodward, Gieleghem, Jansen, Rocca, LaSata, Thomas, Hager, Stamas, Van Woerkom, Pappageorge, Pumford and Hardman introduced

House Bill No. 5828, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 707g.

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

Reps. Vander Veen, Richardville, DeWeese, Ruth Johnson, Voorhees, Kuipers, Pappageorge, Toy, Bradstreet, Ehardt, Drolet, Julian, Hager, Neumann, Bernero and Jansen introduced

House Bill No. 5829, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20180 (MCL 333.20180), as added by 1994 PA 52.

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

Reps. Dennis, Clark, Basham, Schauer, Kolb, Jacobs, Thomas, Frank, Reeves, Garza, Woodward, Gieleghem, Richardville, Patterson, Woronchak, Schermesser, Mans and Allen introduced

House Bill No. 5830, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending section 3119 (MCL 289.3119).

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

Rep. Switalski introduced

House Bill No. 5831, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2543 (MCL 600.2543), as amended by 1986 PA 308.

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

Reps. Pumford and Sheltrown introduced

House Bill No. 5832, entitled

A bill to amend 1988 PA 466, entitled "Animal industry act," by amending sections 3, 4, 6, 8, 9, 11b, 12, 13a, 14, 16, 19, 22, 30a, 30b, 33, and 44 (MCL 287.703, 287.704, 287.706, 287.708, 287.709, 287.711b, 287.712, 287.713a, 287.714, 287.716, 287.719, 287.722, 287.730a, 287.730b, 287.733, and 287.744), sections 3, 4, 6, 8, 9, 12, 14, 16, 19, 30a, 30b, 33, and 44 as amended and sections 11b and 13a as added by 2000 PA 323 and section 22 as amended by 1996 PA 369; and to repeal acts and parts of acts.

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

Reps. Murphy, Jacobs, Bernero, Bogardus, McConico, Dennis, Waters, Zelenko, Lockwood, Switalski, Daniels, Hale and Lemmons introduced

House Bill No. 5833, entitled

A bill to provide for support of children whose parents fail to comply with court-ordered child support; and to prescribe the powers and duties of certain state departments, officers, and employees in the distribution of undisbursed child support.

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

Reps. Murphy, Jacobs, Bernero, Bogardus, McConico, Dennis, Waters, Zelenko, Lockwood, Switalski, Daniels, Hale and Lemmons introduced

House Bill No. 5834, entitled

A bill to amend 1971 PA 174, entitled "Office of child support act," by amending the title and sections 1 and 3 (MCL 400.231 and 400.233), the title and section 3 as amended by 1998 PA 112 and section 1 as amended by 1999 PA 161, and by adding section 3b; and to repeal acts and parts of acts.

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

Reps. Schauer, Frank, Neumann, Adamini, Rich Brown, Vear, Bisbee, Thomas and Spade introduced

House Bill No. 5835, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 13 and 46 (MCL 38.13 and 38.46), section 13 as amended by 1996 PA 487, and by adding section 19g.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Rep. Scranton introduced

House Bill No. 5836, entitled

A bill to amend 1967 PA 204, entitled "Metropolitan transportation authorities act of 1967," by amending section 16 (MCL 124.416), as amended by 1983 PA 31.

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

Rep. Julian introduced

House Bill No. 5837, entitled

A bill to amend 1986 PA 196, entitled "Public transportation authority act," by amending section 23 (MCL 124.473).

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

Rep. Hart introduced

House Bill No. 5838, entitled

A bill to amend 1956 PA 111, entitled "An act to provide for the acquisition, construction, establishment, opening, altering, improving and maintaining of highways; authorizing contracts between townships and boards of county road commissioners for the same; authorizing townships to finance their share of the cost of the same from its contingent fund, special assessments, and bonds or short term notes issued in anticipation of the receipt of sales tax moneys or general obligation bonds; and to prescribe procedures and conditions relative to the issuance of said bonds or short term notes," by amending sections 4 and 5 (MCL 247.354 and 247.355), section 4 as amended by 1983 PA 109.

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

Rep. Newell introduced

House Bill No. 5839, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10n (MCL 247.660n) as added by 1987 PA 234.

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

Rep. Shulman introduced

House Bill No. 5840, entitled

A bill to amend 1952 PA 175, entitled "An act to authorize incorporated cities and villages to borrow money and issue bonds in anticipation of future payments from the motor vehicle highway fund, for any purpose or purposes for which said funds may be used and for the purpose of refunding such bonds; authorizing the pledging of the faith and credit of the issuing city or village, upon proper resolution of its governing body, as additional security for the payment of said bonds; and to prescribe procedures and conditions relative to the issuance of such bonds," by amending sections 1 and 3 (MCL 247.701 and 247.703), section 1 as amended by 1998 PA 506 and section 3 as amended by 1988 PA 152; 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. Hansen and Lemmons introduced

House Bill No. 5841, 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 1983 PA 137.

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

Rep. Pappageorge introduced

House Bill No. 5842, entitled

A bill to amend 1911 PA 28, entitled "An act to authorize the board of supervisors of any county to raise by taxation or borrow money for the purpose of purchasing real estate for sites for, and constructing or repairing public buildings and bridges; to limit the amount that can be raised or borrowed for such purpose by such boards in certain cases; to authorize such boards to submit the question of raising or borrowing money for such purposes to the electors of their certain counties; to provide for the manner of submission; and to repeal Act No. 41 of the Public Acts of 1909, entitled "An act limiting the amount which may be raised in any county in any 1 year by the board of supervisors," approved April twenty-first, 1909," by amending section 1 (MCL 141.71).

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

Reps. Richner and Richardville introduced

House Bill No. 5843, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 22 (MCL 224.22).

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

Rep. Jamnick introduced

House Bill No. 5844, entitled

A bill to repeal 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," (MCL 252.51 to 252.64).

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

Rep. Stallworth introduced

House Bill No. 5845, entitled

A bill to repeal 1931 PA 235, entitled "An act authorizing cities to borrow money and to issue bonds for the purpose of defraying part or all of the city's share of the cost and expense of separating grades for railroads and public highways and streets where such railroads intersect such highways and streets, including part or all of the city's share of the cost and expense of the elevation or depression of such railroads, highways and streets, and including the defraying of part or all of the city's share of the damages resulting to abutting property by reason of such separation of grades, or the elevation or depression of such railroads, public highways or streets," (MCL 253.91).

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

Rep. Daniels introduced

House Bill No. 5846, entitled

A bill to repeal 1927 PA 109, entitled "An act to authorize cities to raise by loan, or borrow money for the construction, improvement, repair and maintenance of bridges and to issue bonds of the said cities to secure repayment thereof and validating proceedings heretofore taken authorizing the issuance of such bonds," (MCL 254.81 to 254.83).

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

Reps. Sheltrown, Pestka and Neumann introduced

House Bill No. 5847, entitled

A bill to repeal 1911 PA 6, entitled "An act to authorize any city within this state, bordering upon any navigable stream which is the boundary line between this state and any other state, in conjunction with any city bordering upon said navigable stream in said other state, to construct and maintain bridges across said stream between said cities," (MCL 254.91 to 254.94).

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

Rep. Bovin introduced

House Bill No. 5848, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 131 (MCL 259.131).

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

Rep. Caul introduced

House Bill No. 5849, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 205 (MCL 330.1205), as amended by 2000 PA 228.

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

Rep. LaSata introduced

House Bill No. 5850, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending sections 401, 406, and 412 (MCL 331.1401, 331.1406, and 331.1412), as amended by 1988 PA 502.

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

Rep. Birkholz introduced

House Bill No. 5851, entitled

A bill to repeal 1919 PA 305, entitled "An act to authorize the issue of bonds; to provide sites for and for the erection thereon of public libraries and for additions to and improvements of such sites and the buildings thereon, whether now existing or hereafter acquired, in cities, villages and school districts where free public libraries have or may hereafter be established," (MCL 397.241 to 397.246).

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

Rep. Hager introduced

House Bill No. 5852, entitled

A bill to amend 1988 PA 265, entitled "District library financing act," by amending sections 4, 5, and 9 (MCL 397.284, 397.285, and 397.289), sections 4 and 5 as amended by 1989 PA 25.

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

Rep. Richardville introduced

House Bill No. 5853, entitled

A bill to repeal 1923 PA 60, entitled "An act to authorize the board of supervisors of any county of this state, severally, or in conjunction with the legislative body or board of any 1 or more cities or villages having a population in excess of 5,000 according to the last official census to establish and operate a public agricultural produce market or markets or sell, exchange or abandon the same," (MCL 46.101 to 46.104).

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

Rep. Stewart introduced

House Bill No. 5854, entitled

A bill to amend 1913 PA 261, entitled "An act to authorize boards of education to provide for the maintenance of free public libraries existing under the control of boards of education of the cities; to authorize and empower said boards of education to raise or borrow money and issue bonds in sufficient sum to purchase property or site, erect and maintain buildings for use as a free public library and other educational purposes," by amending section 2 (MCL 397.262).

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

Rep. Vander Veen introduced

House Bill No. 5855, entitled

A bill to amend 1917 PA 5, entitled "An act authorizing organized townships and incorporated villages in the state of Michigan to borrow money and to issue bonds therefor for the purpose of establishing free public libraries, purchasing sites and constructing buildings thereon," by amending section 4 (MCL 397.324); 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.

Rep. DeWeese introduced

House Bill No. 5856, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 320d.

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

Reps. Koetje, Birkholz, Kuipers, Gosselin, Vear, Kowall, Julian, Raczkowski and Palmer introduced

House Bill No. 5857, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 81.

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

Reps. Faunce, Meyer, Van Woerkom, Kowall and Tabor introduced

House Bill No. 5858, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 503 and 504 (MCL 750.503 and 750.504).

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

Reps. Stewart, Kowall, LaSata, Hager, Pumford, Shulman and Birkholz introduced

House Bill No. 5859, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8507 (MCL 600.8507), as amended by 1994 PA 5.

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

Rep. Birkholz introduced

House Bill No. 5860, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 42a (MCL 211.42a), as amended by 1994 PA 415.

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

Reps. Spade, Hansen, Sheltrown, Wojno, Mans, Anderson, Kolb, Zelenko, Schauer, Bogardus, Minore, Neumann, Dennis, Jacobs and George introduced

House Bill No. 5861, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11503 and 17101 (MCL 324.11503 and 324.17101), section 11503 as amended by 1998 PA 466 and section 17101 as amended by 1995 PA 124, and by adding sections 11539b and 17106.

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

Rep. Callahan introduced

House Bill No. 5862, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 622 (MCL 257.622), as amended by 1991 PA 168.

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

Reps. Callahan, Plakas, Switalski and Jacobs introduced

House Bill No. 5863, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51 (MCL 206.51), as amended by 1999 PA 6; 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. Callahan, Plakas and Switalski introduced

House Bill No. 5864, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.

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

Reps. Shulman, Bishop, Raczkowski, Kowall, Richner and Patterson introduced

House Bill No. 5865, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 310c.

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

Reps. Palmer and Faunce introduced

House Bill No. 5866, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1a of chapter IX (MCL 769.1a), as amended by 1998 PA 231.

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

Reps. Vander Roest and Faunce introduced

House Bill No. 5867, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 30 of chapter XIIA (MCL 712A.30), as amended by 1996 PA 561.

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

Reps. Tabor, DeRossett, Kuipers and Scranton introduced

House Bill No. 5868, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 3 (MCL 15.263), as amended by 1988 PA 278.

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

Rep. Clarke introduced

House Bill No. 5869, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 6 of chapter V (MCL 765.6), as amended by 1988 PA 46.

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

Reps. Vander Roest, Hummel, Julian, Palmer, Kuipers, Van Woerkom, Ruth Johnson, Voorhees, Birkholz, Richner, Drolet and Jansen introduced

House Bill No. 5870, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 269.

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

______

Rep. Faunce moved that the House adjourn.

The motion prevailed, the time being 4:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 10, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Adamini	Faunce	Lipsey	Rivet
Allen	Frank	Lockwood	Rocca
Anderson	George	Mans	Schauer
Basham	Gieleghem	McConico	Schermesser
Bernero	Gilbert	Mead	Shackleton
Birkholz	Godchaux	Meyer	Sheltrown
Bisbee	Gosselin	Middaugh	Shulman
Bishop	Hager	Minore	Spade
Bogardus	Hale	Mortimer	Stamas
Bovin	Hansen	Murphy	Stewart
Bradstreet	Hardman	Neumann	Switalski
Brown, B.	Hart	Newell	Tabor
Brown, C.	Howell	O'Neil	Thomas
Brown, R.	Hummel	Palmer	Toy
Callahan	Jacobs	Pappageorge	Van Woerkom
Cassis	Jamnick	Patterson	Vander Roest
Caul	Jansen	Pestka	Vander Veen
Clark, I.	Johnson, Ruth	Phillips	Vear
Clarke, H.	Julian	Plakas	Voorhees
Daniels	Koetje	Pumford	Waters
Dennis	Kolb	Quarles	Williams
DeRossett	Kooiman	Raczkowski	Wojno
DeVuyst	Kowall	Reeves	Woodward
DeWeese	Kuipers	Richardville	Woronchak
Drolet	LaSata	Richner	Zelenko
Ehardt	Lemmons	Rison

Special Investigation Report	Bay Pines Center	2002C0114007	CS210200969
Special Investigation Report	Sequoyah Center	2002C0117003	CS470201401