2002-HJ-12-30-077

No. 77

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Monday, December 30, 2002.

11:30 a.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 not present.

Rep. Bob Brown, from the 16th District, offered the following invocation:

"Dear Lord, bless this honorable Chamber in its endeavors. Even though today's meeting is short, and so will this prayer be short, bless this Chamber for the future incoming legislative session. Also, bless the Senate and its wisdom and its endeavors to try and handle a tough issue in the last waning moments just before sine die. Amen."

Communications from State Officers

The following communication from the Office of the Great Lakes was received and read:

December 3, 2002

Attached is a list of eight new research projects and five continuing research projects approved for funding under the Michigan Great Lakes Protection Fund in compliance with Public Act 156 of 1989. Section 10(1) of the Act requires that this list be submitted annually to the Legislature.

If you have any questions, please contact Ms. Emily Finnell, Office of the Great Lakes, at 517-241-7927, or you may contact me.

Sincerely,

David K. Ladd

Director

The communication was referred to the Clerk.

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

December 10, 2002

Attached is the updated approved listing of Executive Branch employees having access to Legislative and Judicial data needed to perform their roles and responsibilities as required by our service agreements.

Sincerely,

Richard H. Huneke

Project Director

Human Resources

Management Network

The communication was referred to the Clerk.

The following communications from the Auditor General were received and read:

December 11, 2002

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

Performance Audit of the

Animal Industry Division, Food and Dairy Division,

and Laboratory Division

Department of Agriculture

December 2002

December 19, 2002

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

Performance Audit of the

Offices of Quality and Reengineering, Human Resources,

and Equal Opportunity

Michigan Department of Transportation

December 2002

December 20, 2002

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

Financial Audit of the

Executive Office

October 1, 2000 through September 30, 2002

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Operations.

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

Notices of Filing

Administrative Rules

December 3, 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 1:20 P.M. this date, administrative rule (02-12-01) for the Department of Consumer and Industry Services, Director's Office, entitled "Agricultural Operations", effective 7 days hereafter.

December 9, 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 11:12 A.M. this date, administrative rule (02-12-02) for the Department of Consumer and Industry Services, Director's Office, entitled "Michigan Boiler Law Rules", effective January 1, 2003.

December 13, 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 8:18 A.M. this date, administrative rule (02-12-03) for the Department of Environmental Quality, Geological and Land Management Division, entitled "Oil and Gas Operations", 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.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, December 18, for his approval of the following bills:

Enrolled House Bill No. 4605 at 3:30 p.m.

Enrolled House Bill No. 5297 at 3:32 p.m.

Enrolled House Bill No. 5363 at 3:34 p.m.

Enrolled House Bill No. 5456 at 3:36 p.m.

Enrolled House Bill No. 5465 at 3:38 p.m.

Enrolled House Bill No. 5680 at 3:40 p.m.

Enrolled House Bill No. 5705 at 3:42 p.m.

Enrolled House Bill No. 5728 at 3:44 p.m.

Enrolled House Bill No. 5730 at 3:46 p.m.

Enrolled House Bill No. 5999 at 3:48 p.m.

Enrolled House Bill No. 6128 at 3:50 p.m.

Enrolled House Bill No. 6333 at 3:52 p.m.

Enrolled House Bill No. 6428 at 3:54 p.m.

Enrolled House Bill No. 6448 at 3:56 p.m.

Enrolled House Bill No. 6523 at 3:58 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 19, for his approval of the following bills:

Enrolled House Bill No. 4007 at 1:00 p.m.

Enrolled House Bill No. 4551 at 1:02 p.m.

Enrolled House Bill No. 4552 at 1:04 p.m.

Enrolled House Bill No. 4607 at 1:06 p.m.

Enrolled House Bill No. 4818 at 1:08 p.m.

Enrolled House Bill No. 5047 at 1:10 p.m.

Enrolled House Bill No. 5049 at 1:12 p.m.

Enrolled House Bill No. 5242 at 1:14 p.m.

Enrolled House Bill No. 5296 at 1:16 p.m.

Enrolled House Bill No. 5371 at 1:18 p.m.

Enrolled House Bill No. 5372 at 1:20 p.m.

Enrolled House Bill No. 5403 at 1:22 p.m.

Enrolled House Bill No. 5540 at 1:24 p.m.

Enrolled House Bill No. 5719 at 1:26 p.m.

Enrolled House Bill No. 5720 at 1:28 p.m.

Enrolled House Bill No. 5721 at 1:30 p.m.

Enrolled House Bill No. 5729 at 1:32 p.m.

Enrolled House Bill No. 5742 at 1:34 p.m.

Enrolled House Bill No. 5858 at 1:36 p.m.

Enrolled House Bill No. 5947 at 1:38 p.m.

Enrolled House Bill No. 5952 at 1:40 p.m.

Enrolled House Bill No. 5971 at 1:42 p.m.

Enrolled House Bill No. 5997 at 1:44 p.m.

Enrolled House Bill No. 6205 at 1:46 p.m.

Enrolled House Bill No. 6219 at 1:48 p.m.

Enrolled House Bill No. 6234 at 1:50 p.m.

Enrolled House Bill No. 6256 at 1:52 p.m.

Enrolled House Bill No. 6444 at 1:54 p.m.

Enrolled House Bill No. 6445 at 1:56 p.m.

Enrolled House Bill No. 6496 at 1:58 p.m.

Enrolled House Bill No. 5364 at 3:36 p.m.

Enrolled House Bill No. 5467 at 3:38 p.m.

Enrolled House Bill No. 5523 at 3:40 p.m.

Enrolled House Bill No. 5743 at 3:42 p.m.

Enrolled House Bill No. 6121 at 3:44 p.m.

Enrolled House Bill No. 6327 at 3:46 p.m.

Enrolled House Bill No. 6337 at 3:48 p.m.

Enrolled House Bill No. 6343 at 3:50 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Friday, December 20, for his approval of the following bills:

Enrolled House Bill No. 5394 at 2:20 p.m.

Enrolled House Bill No. 6079 at 2:22 p.m.

Enrolled House Bill No. 6095 at 2:30 p.m.

Enrolled House Bill No. 4003 at 2:32 p.m.

Enrolled House Bill No. 4017 at 2:34 p.m.

Enrolled House Bill No. 4092 at 2:36 p.m.

Enrolled House Bill No. 4330 at 2:38 p.m.

Enrolled House Bill No. 4454 at 2:40 p.m.

Enrolled House Bill No. 4492 at 2:42 p.m.

Enrolled House Bill No. 4553 at 2:44 p.m.

Enrolled House Bill No. 4675 at 2:46 p.m.

Enrolled House Bill No. 5149 at 2:48 p.m.

Enrolled House Bill No. 5277 at 2:50 p.m.

Enrolled House Bill No. 5291 at 2:52 p.m.

Enrolled House Bill No. 5395 at 2:54 p.m.

Enrolled House Bill No. 5583 at 2:56 p.m.

Enrolled House Bill No. 5584 at 2:58 p.m.

Enrolled House Bill No. 5716 at 3:00 p.m.

Enrolled House Bill No. 5734 at 3:02 p.m.

Enrolled House Bill No. 5735 at 3:04 p.m.

Enrolled House Bill No. 5736 at 3:06 p.m.

Enrolled House Bill No. 5761 at 3:08 p.m.

Enrolled House Bill No. 5829 at 3:10 p.m.

Enrolled House Bill No. 5953 at 3:12 p.m.

Enrolled House Bill No. 5977 at 3:14 p.m.

Enrolled House Bill No. 5978 at 3:16 p.m.

Enrolled House Bill No. 5984 at 3:18 p.m.

Enrolled House Bill No. 5994 at 3:20 p.m.

Enrolled House Bill No. 5995 at 3:22 p.m.

Enrolled House Bill No. 5996 at 3:24 p.m.

Enrolled House Bill No. 5998 at 3:26 p.m.

Enrolled House Bill No. 6028 at 3:28 p.m.

Enrolled House Bill No. 6096 at 3:30 p.m.

Enrolled House Bill No. 6120 at 3:32 p.m.

Enrolled House Bill No. 6202 at 3:34 p.m.

Enrolled House Bill No. 6204 at 3:36 p.m.

Enrolled House Bill No. 6260 at 3:38 p.m.

Enrolled House Bill No. 6268 at 3:40 p.m.

Enrolled House Bill No. 6446 at 3:42 p.m.

Enrolled House Bill No. 6447 at 3:44 p.m.

Enrolled House Bill No. 6479 at 3:46 p.m.

Enrolled House Bill No. 6480 at 3:48 p.m.

Enrolled House Bill No. 6493 at 3:50 p.m.

Enrolled House Bill No. 6490 at 3:52 p.m.

Enrolled House Bill No. 6498 at 3:54 p.m.

Enrolled House Bill No. 6501 at 3:56 p.m.

Enrolled House Bill No. 6502 at 3:58 p.m.

Enrolled House Bill No. 6510 at 4:00 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: December 13, 2002

Time: 9:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5552 (Public Act No. 599, I.E.), being

and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 17401, 17431, and 17432 (MCL 333.17401, 333.17431, and 333.17432), sections 17401 and 17432 as amended by 1997 PA 151 and section 17431 as amended by 1994 PA 234.

(Filed with the Secretary of State December 16, 2002, at 11:16 a.m.)

Date: December 20, 2002

Time: 9:02 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6256 (Public Act No. 601, I.E.), being

An act to amend 1965 PA 232, entitled "An act relating to the marketing of agricultural commodities; to provide for marketing programs, agreements, referendums by producers, assessments on producers, and commodity committees; and to prescribe the functions of the department of agriculture relative thereto including powers of enforcement of this act; and to prescribe penalties," by amending the title and sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 17, 19, 21, 22, 23, and 24 (MCL 290.652, 290.653, 290.654, 290.655, 290.657, 290.658, 290.659, 290.660, 290.661, 290.667, 290.669, 290.671, 290.672, 290.673, and 290.674), sections 2, 3, 5, 7, 9, 10, 21, and 22 as amended by 1996 PA 216, section 8 as amended by 1997 PA 20, and sections 19, 23, and 24 as amended by 1980 PA 196; and to repeal acts and parts of acts.

(Filed with the Secretary of State December 20, 2002, at 3:08 p.m.)

Date: December 20, 2002

Time: 9:04 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6428 (Public Act No. 602, I.E.), being

An act to amend 1966 PA 28, entitled "An act to authorize the board of trustees of police and firemen or municipal employees retirement systems to increase benefits," by amending the title and sections 1 and 2 (MCL 38.571 and 38.572).

(Filed with the Secretary of State December 20, 2002, at 3:10 p.m.)

Date: December 20, 2002

Time: 9:06 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5403 (Public Act No. 603, I.E.), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending section 4 (MCL 208.4), as amended by 1999 PA 115.

(Filed with the Secretary of State December 20, 2002, at 3:12 p.m.)

Date: December 20, 2002

Time: 9:30 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4042 (Public Act No. 612), being

An act to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending the title and sections 1, 1a, 3, and 6 (MCL 445.111, 445.111a, 445.113, and 445.116), section 1 as amended by 1999 PA 18 and section 3 as amended by 2000 PA 15, and by adding sections 1b, 1c, 1d, and 1e.

(Filed with the Secretary of State December 20, 2002, at 3:30 p.m.)

Date: December 20, 2002

Time: 9:35 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4632 (Public Act No. 613, I.E.), being

An act to amend 1976 PA 331, entitled "An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties," by amending section 3 (MCL 445.903), as amended by 2000 PA 14, and by adding section 9a.

(Filed with the Secretary of State December 20, 2002, at 3:32 p.m.)

Date: December 20, 2002

Time: 4:24 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6478 (Public Act No. 614, I.E.), being

An act to amend 1937 PA 94, entitled ''An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,'' (MCL 205.91 to 205.111) by adding section 4x.

(Filed with the Secretary of State December 20, 2002, at 4:36 p.m.)

Date: December 20, 2002

Time: 4:26 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6479 (Public Act No. 615, I.E.), being

An act to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending section 30 (MCL 206.30), as amended by 2000 PA 400.

(Filed with the Secretary of State December 20, 2002, at 4:38 p.m.)

Date: December 20, 2002

Time: 4:28 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6480 (Public Act No. 616, I.E.), being

An act to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 30c (MCL 205.30c), as amended by 2001 PA 168.

(Filed with the Secretary of State December 20, 2002, at 4:40 p.m.)

Date: December 20, 2002

Time: 4:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6481 (Public Act No. 617, I.E.), being

An act to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," (MCL 205.51 to 205.78) by adding section 4aa.

(Filed with the Secretary of State December 20, 2002, at 4:42 p.m.)

Date: December 21, 2002

Time: 3:12 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6327 (Public Act No. 621, 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 provide for assessment fees on certain health maintenance organizations; 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 provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act," by amending sections 224b, 2409, 2409a, 2409c, 3515, 3519, and 3528 (MCL 500.224b, 500.2409, 500.2409a, 500.2409c, 500.3515, 500.3519, and 500.3528), section 224b as added and sections 3515 and 3519 as amended by 2002 PA 304, sections 2409 and 2409a as amended by 1993 PA 200, section 2409c as added by 1986 PA 318, and section 3528 as added by 2000 PA 252.

(Filed with the Secretary of State December 23, 2002, at 3:51 p.m.)

Date: December 21, 2002

Time: 3:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5743 (Public Act No. 624, I.E.), being

making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending sections 7cc and 53b (MCL 211.7cc and 211.53b), section 7cc as amended by 1996 PA 476 and section 53b as amended by 2000 PA 284.

(Filed with the Secretary of State December 23, 2002, at 3:57 p.m.)

Date: December 22, 2002

Time: 1:05 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5296 (Public Act No. 629), being

(Filed with the Secretary of State December 23, 2002, at 4:07 p.m.)

Date: December 22, 2002

Time: 1:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5297 (Public Act No. 630), 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 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 47.

(Filed with the Secretary of State December 23, 2002, at 4:09 p.m.)

Date: December 22, 2002

Time: 1:13 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5047 (Public Act No. 631, 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 12a to chapter V.

(Filed with the Secretary of State December 23, 2002, at 4:11 p.m.)

Date: December 22, 2002

Time: 1:15 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5456 (Public Act No. 632, I.E.), being

An act to authorize the state administrative board to convey certain property in Jackson county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

(Filed with the Secretary of State December 23, 2002, at 4:13 p.m.)

Date: December 22, 2002

Time: 1:17 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5465 (Public Act No. 633, I.E.), being

(Filed with the Secretary of State December 23, 2002, at 4:15 p.m.)

Date: December 22, 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. 6128 (Public Act No. 634, I.E.), being

An act to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," (MCL 460.1 to 460.10cc) by adding sections 9 and 9b.

(Filed with the Secretary of State December 23, 2002, at 4:17 p.m.)

Date: December 22, 2002

Time: 1:27 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5999 (Public Act No. 635, I.E.), being

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 provide for assessment fees on certain health maintenance organizations; 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 provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act," by amending section 4072 (MCL 500.4072), as amended by 1986 PA 318.

(Filed with the Secretary of State December 23, 2002, at 4:19 p.m.)

Date: December 22, 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. 6219 (Public Act No. 636, 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 80166 (MCL 324.80166), as added by 1995 PA 58, and by adding section 80166a.

(Filed with the Secretary of State December 23, 2002, at 4:21 p.m.)

Date: December 22, 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. 4818 (Public Act No. 637, I.E.), being

An act to amend 1988 PA 234, entitled ''An act to create the Vietnam veterans memorial monument fund; to establish a commission to govern the monument fund; to prescribe the purpose of the monument fund; to prescribe the powers and duties of the commission and certain state departments and officers; to designate the veterans memorial park; to provide for legislative oversight; and to provide for dissolution of the commission and monument fund,'' by amending the title and sections 3 and 7 (MCL 35.1053 and 35.1057), the title as amended by 2000 PA 470 and sections 3 and 7 as amended by 1992 PA 121.

(Filed with the Secretary of State December 23, 2002, at 4:23 p.m.)

Date: December 22, 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. 6234 (Public Act No. 638, I.E.), being

An act to authorize the department of natural resources to convey certain state owned property in Huron county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

(Filed with the Secretary of State December 23, 2002, at 4:25 p.m.)

Date: December 22, 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. 6523 (Public Act No. 639, I.E.), being

An act 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 11 (MCL 247.661), as amended by 2002 PA 498.

(Filed with the Secretary of State December 23, 2002, at 4:27 p.m.)

Date: December 22, 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. 5049 (Public Act No. 640, 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 1279d.

(Filed with the Secretary of State December 23, 2002, at 4:29 p.m.)

Date: December 22, 2002

Time: 1:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5947 (Public Act No. 641), being

An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 44 (MCL 211.44), as amended by 2002 PA 479.

(Filed with the Secretary of State December 23, 2002, at 4:31 p.m.)

Date: December 22, 2002

Time: 2:00 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5363 (Public Act No. 642, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 213, 216, 217, 217c, 222, 226, 226a, 233b, 244, 248, 249, 251, and 251a (MCL 257.213, 257.216, 257.217, 257.217c, 257.222, 257.226, 257.226a, 257.233b, 257.244, 257.248, 257.249, 257.251, and 257.251a), section 216 as amended by 1996 PA 141, section 217 as amended by 2002 PA 552, sections 217c and 249 as amended by 1993 PA 300, sections 222 and 244 as amended by 2002 PA 485, section 226 as amended by 2000 PA 36, section 226a as amended by 1998 PA 384, section 233b as added by 1994 PA 305, section 248 as amended by 1999 PA 172, section 251 as amended by 2002 PA 491, and section 251a as added by 1990 PA 265.

(Filed with the Secretary of State December 23, 2002, at 4:33 p.m.)

Date: December 22, 2002

Time: 2:02 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6333 (Public Act No. 643, I.E.), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 16105, 16106, 16108, 16128, 16163, 16174, 16186, 16226, 16261, 16323, 16608, and 17031 (MCL 333.16105, 333.16106, 333.16108, 333.16128, 333.16163, 333.16174, 333.16186, 333.16226, 333.16261, 333.16323, 333.16608, and 333.17031), section 16106 as amended by 1997 PA 153, section 16108 as amended and section 16323 as added by 1993 PA 80, section 16174 as amended by 1998 PA 227, section 16186 as amended by 2002 PA 441, section 16226 as amended by 2000 PA 29, section 16608 as amended by 1990 PA 216, and section 17031 as amended by 1990 PA 248.

(Filed with the Secretary of State December 23, 2002, at 4:35 p.m.)

Date: December 22, 2002

Time: 2:05 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6343 (Public Act No. 644, I.E.), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 5453, 5454, 5455, 5456, 5457, 5458, 5459, 5460, 5462, 5463, 5467, 5468, 5471, 5472, 5473a, 5475, 5476, and 5477 (MCL 333.5453, 333.5454, 333.5455, 333.5456, 333.5457, 333.5458, 333.5459, 333.5460, 333.5462, 333.5463, 333.5467, 333.5468, 333.5471, 333.5472, 333.5473a, 333.5475, 333.5476, and 333.5477), sections 5453, 5454, 5455, 5456, 5462, 5463, 5467, 5471, and 5476 as added by 1998 PA 220 and sections 5457, 5458, 5459, 5460, 5468, 5472, 5473a, 5475, and 5477 as added by 1998 PA 219.

(Filed with the Secretary of State December 23, 2002, at 4:37 p.m.)

Date: December 22, 2002

Time: 2:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5371 (Public Act No. 645, I.E.), being

An act to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding section 11b.

(Filed with the Secretary of State December 23, 2002, at 4:39 p.m.)

Date: December 22, 2002

Time: 2:12 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5242 (Public Act No. 646, I.E.), being

An act to amend 1994 PA 203, entitled "An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators," by amending section 8 (MCL 722.958).

(Filed with the Secretary of State December 23, 2002, at 4:41 p.m.)

Date: December 22, 2002

Time: 6:02 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5364 (Public Act No. 652, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 11, 217, 235, 310, 312e, and 401 (MCL 257.11, 257.217, 257.235, 257.310, 257.312e, and 257.401), section 11 as amended by 1990 PA 154, section 217 as amended by 2002 PA 552, section 235 as amended by 1988 PA 470, section 310 as amended by 2002 PA 554, section 312e as amended by 2002 PA 534, and section 401 as amended by 1995 PA 98, and by adding sections 4c, 35c, and 248j.

(Filed with the Secretary of State December 23, 2002, at 4:53 p.m.)

Date: December 23, 2002

Time: 10:15 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6121 (Public Act No. 660, I.E.), being

An act to prohibit certain lending practices; to require disclosure of certain information for home loans; to prescribe certain duties and obligations of the lender in a home loan transaction; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide for remedies.

(Filed with the Secretary of State December 23, 2002, at 5:09 p.m.)

Date: December 23, 2002

Time: 10:20 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5372 (Public Act No. 661, I.E.), being

An act to amend 1975 PA 238, entitled ''An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,'' by amending sections 2, 3, 7, 8a, and 8d (MCL 722.622, 722.623, 722.627, 722.628a, and 722.628d), sections 2, 7, and 8d as amended by 2000 PA 45, section 3 as amended by 2002 PA 10, and section 8a as added by 1992 PA 39.

(Filed with the Secretary of State December 23, 2002, at 5:11 p.m.)

Date: December 25, 2002

Time: 6:12 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4007 (Public Act No. 662), being

(Filed with the Secretary of State December 26, 2002, at 1:28 p.m.)

Date: December 25, 2002

Time: 6:15 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6447 (Public Act No. 663, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending sections 8001, 8003, 8005, and 8011 (MCL 600.8001, 600.8003, 600.8005, and 600.8011), as added by 2001 PA 262, and by adding section 2962a.

(Filed with the Secretary of State December 26, 2002, at 1:30 p.m.)

Date: December 25, 2002

Time: 6:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5394 (Public Act No. 665, I.E.), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 7401 and 7403 (MCL 333.7401 and 333.7403), as amended by 2001 PA 236.

(Filed with the Secretary of State December 26, 2002, at 1:34 p.m.)

Date: December 25, 2002

Time: 6:42 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5395 (Public Act No. 666, 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 34 of chapter IX, sections 1 and 2 of chapter XI, and sections 13m, 43, 45, and 57 of chapter XVII (MCL 769.34, 771.1, 771.2, 777.13m, 777.43, 777.45, and 777.57), section 34 of chapter IX and section 43 of chapter XVII as amended by 2000 PA 279, section 1 of chapter XI as amended by 2002 PA 483, section 2 of chapter XI as amended by 1998 PA 520, section 13m of chapter XVII as added by 2002 PA 30, section 45 of chapter XVII as added by 1998 PA 317, and section 57 of chapter XVII as amended by 1999 PA 227.

(Filed with the Secretary of State December 26, 2002, at 1:36 p.m.)

Date: December 25, 2002

Time: 6:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5734 (Public Act No. 667), being

An act to amend 1980 PA 119, entitled "An act to prescribe a privilege tax for the use of public roads and highways of this state by motor carriers by imposing a specific tax upon the use of motor fuel within this state; to provide for certain credits against this tax and certain mechanisms for paying, collecting, and enforcing this tax; to provide for the licensing of motor carriers and for exemptions from licensure; to require the keeping and providing for the examination of certain reports; to provide review procedures for the assessment of the tax and revocation of a license; to impose certain duties upon and confer certain powers to certain state departments and agencies; to prescribe certain penalties for the violation of this act; and to make appropriations," by amending sections 1, 2, and 4 (MCL 207.211, 207.212, and 207.214), sections 1 and 4 as amended by 2000 PA 406 and section 2 as amended by 1996 PA 584.

(Filed with the Secretary of State December 26, 2002, at 1:38 p.m.)

Date: December 25, 2002

Time: 6:50 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5735 (Public Act No. 668), being

An act to amend 2000 PA 403, entitled "An act to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts," by amending sections 2, 3, 4, 5, 8, 30, 37, 38, 92, 121, and 122 (MCL 207.1002, 207.1003, 207.1004, 207.1005, 207.1008, 207.1030, 207.1037, 207.1038, 207.1092, 207.1121, and 207.1122); and to repeal acts and parts of acts.

(Filed with the Secretary of State December 26, 2002, at 1:40 p.m.)

Date: December 25, 2002

Time: 6:52 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5736 (Public Act No. 669), being

(Filed with the Secretary of State December 26, 2002, at 1:42 p.m.)

Date: December 25, 2002

Time: 6:55 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6510 (Public Act No. 670, I.E.), being

An act to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 20e and 34 (MCL 791.220e and 791.234), section 20e as amended by 1995 PA 20 and section 34 as amended by 1999 PA 191.

(Filed with the Secretary of State December 26, 2002, at 1:44 p.m.)

Date: December 25, 2002

Time: 7:02 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6079 (Public Act No. 672), 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 sections 16, 25, 33, 34, 44, 45, 50c, 57, 60, 64, 90c, 113, 114, 123, 125, 138, 140, 149, 150, 151, 153, 172, 173, 183, 184, 191, 192, 197a, 215, 217, 217c, 219, 219a, 220, 240, 263, 264, 287, 288, 294, 295, 298, 301, 302, 304, 305, 306, 314, 330, 331, 335, 335a, 354, 359, 368, 371, 375, 389, 393, 396, 404, 407, 408, 410, 411a, 411d, 414, 428, 429, 430, 454, 466, 478, 482, 490a, 492, 502b, 508, 509, 519, 524, 537, 538, 540c, 540d, 540f, 540g, 540h, and 561 (MCL 750.16, 750.25, 750.33, 750.34, 750.44, 750.45, 750.50c, 750.57, 750.60, 750.64, 750.90c, 750.113, 750.114, 750.123, 750.125, 750.138, 750.140, 750.149, 750.150, 750.151, 750.153, 750.172, 750.173, 750.183, 750.184, 750.191, 750.192, 750.197a, 750.215, 750.217, 750.217c, 750.219, 750.219a, 750.220, 750.240, 750.263, 750.264, 750.287, 750.288, 750.294, 750.295, 750.298, 750.301, 750.302, 750.304, 750.305, 750.306, 750.314, 750.330, 750.331, 750.335, 750.335a, 750.354, 750.359, 750.368, 750.371, 750.375, 750.389, 750.393, 750.396, 750.404, 750.407, 750.408, 750.410, 750.411a, 750.411d, 750.414, 750.428, 750.429, 750.430, 750.454, 750.466, 750.478, 750.482, 750.490a, 750.492, 750.502b, 750.508, 750.509, 750.519, 750.524, 750.537, 750.538, 750.540c, 750.540d, 750.540f, 750.540g, 750.540h, and 750.561), section 50c as added by 1994 PA 336, section 90c as amended by 2001 PA 1, section 125 as amended by 1999 PA 251, sections 215, 371, 524, 537, and 538 as amended by 1991 PA 145, section 217c as added and section 368 as amended by 1998 PA 360, section 219a as amended by 1998 PA 312, sections 263 and 264 as amended by 1997 PA 155, section 302 as amended by 1989 PA 85, section 375 as amended by 1996 PA 206, section 411a as amended by 2000 PA 370, section 411d as added by 1980 PA 490, section 502b as amended by 1991 PA 44, section 508 as amended by 1990 PA 77, section 540c as amended and section 540h as added by 1996 PA 557, section 540d as amended by 1996 PA 329, section 540f as added by 1996 PA 333, and section 540g as amended by 1998 PA 311.

(Filed with the Secretary of State December 26, 2002, at 1:48 p.m.)

Date: December 25, 2002

Time: 7:04 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6268 (Public Act No. 673, I.E.), being

An act to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 109 (MCL 400.109), as amended by 2000 PA 168.

(Filed with the Secretary of State December 26, 2002, at 1:50 p.m.)

Date: December 25, 2002

Time: 7:08 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6202 (Public Act No. 674), being

(Filed with the Secretary of State December 26, 2002, at 1:52 p.m.)

Date: December 25, 2002

Time: 7:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4675 (Public Act No. 675, 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 provide for certain disqualifications; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,'' (MCL 38.2101 to 38.2670) by adding section 512.

(Filed with the Secretary of State December 26, 2002, at 1:54 p.m.)

Date: December 25, 2002

Time: 7:14 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5953 (Public Act No. 676), being

An act to provide for circumstances under which certain forestry operations shall not be found to be a public or private nuisance; to provide for certain forestry management practices; to provide for certain powers and duties for certain state agencies and departments; and to provide remedies.

(Filed with the Secretary of State December 26, 2002, at 1:56 p.m.)

By unanimous consent the House returned to the order of

Messages from the Senate

December 30, 2002

The Honorable Rick Johnson

Speaker of the House of Representatives

Capitol Building

Lansing, Michigan 48913

Dear Mr. Speaker:

I herewith return to the House of Representatives the following House Bills and House Concurrent Resolutions which failed of passage or adoption in the Senate:

House Bill Nos.: 4001 4016 4035 4075 4079 4090 4091 4141 4145 4154 4162 4180 4190 4192

4200 4237 4247 4250 4273 4288 4300 4334 4338 4351 4352 4376 4377 4401

4403 4411 4428 4430 4431 4436 4450 4451 4453 4456 4460 4476 4477 4478

4479 4480 4482 4483 4484 4485 4486 4527 4528 4537 4554 4564 4581 4596

4597 4602 4614 4617 4619 4631 4635 4636 4637 4639 4640 4641 4642 4651

4660 4667 4673 4698 4708 4710 4712 4714 4720 4721 4722 4723 4724 4725

4726 4732 4754 4757 4759 4760 4761 4762 4765 4781 4782 4796 4798 4823

4824 4825 4826 4827 4851 4852 4853 4857 4869 4871 4873 4875 4885 4886

4887 4888 4890 4892 4893 4894 4895 4896 4897 4898 4899 4900 4901 4902

4904 4905 4906 4907 4908 4909 4910 4911 4915 4926 4989 5001 5014 5032

5035 5057 5085 5086 5087 5088 5090 5122 5134 5150 5154 5185 5206 5210

5212 5213 5214 5215 5256 5257 5264 5265 5266 5269 5272 5274 5282 5301

5302 5305 5306 5314 5330 5333 5369 5370 5376 5377 5378 5379 5397 5399

5431 5444 5445 5446 5450 5451 5462 5468 5469 5497 5600 5607 5641 5691

5715 5722 5727 5731 5747 5754 5764 5766 5767 5797 5808 5814 5824 5853

5857 5866 5867 5879 5880 5929 5949 5958 5962 5967 6069 6070 6075 6076

6097 6108 6109 6110 6111 6113 6119 6122 6123 6124 6137 6162 6186 6203

6208 6238 6239 6328 6329 6338 6356 6372 6373 6374 6375 6486 6491 6492

6494 6495 6556

House Concurrent Resolution Nos.: 1 4 7 12 17 19 20 26 29 31 32 33 38 39 43 53 54 57 64 66 69

Very Respectfully,

Carol Morey Viventi, J.D.

Secretary of the Senate

Comments and Recommendations

Rep. Middaugh moved that Rule 82 be suspended.

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

Rep. Middaugh moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Vear:

"Thank you Mr. Speaker and members of the house for this opportunity to offer some additional departing remarks:

I would like to properly thank a special individual who has done far more than the rest of my supporters and staff, my wife, Mary Vear. Her mostly unrecognized and unpaid public service has been a great benefit to the people of Michigan, the 58th house district and myself. She has attended many meetings and events when I had other conflicting events, she spoke at schools, gave group and student tours of the capital, spoke to many groups on my behalf, answered constituent calls and letters, addressed thousands of envelopes for mass mailings, covered my capital office when I was short staffed and knocked on more doors than anyone else while weathering the cold, the rain, and sweltering heat during my campaigns, until our unfortunate accident in Washington D.C. I believe many of you and the citizens of the 58th district have come to know and love her as much as I do. I thank her for all she has sacrificed.

I also like thank again my children, Chase, Travis and Chris for their help (parades, parades and more parades and door to door to door), their support and patience while I was trying to balance family with duty, as I was doing the peoples business for 80 or more hours per week.

I will also treasure all the new friendships I have developed with members of the legislature. We have worked together on many issues, and when we were on opposite sides of the issues, we worked through our differences to develop good sound public policy.

Again I would like to thank all citizens who allowed me to be their voice in Lansing, for the 58th district. Thank you all and may God guide the new members of the Michigan Legislature as they shape and protect our great State of Michigan for our future generations.

Have a great and prosperous New Year.

May God Bless you all.

God bless Michigan,

and God bless America."

Rep. Clarke:

"To each and every one of you, God's blessings."

By unanimous consent the House returned to the order of

Messages from the Senate

December 30, 2002

The Honorable Rick Johnson

Speaker of the House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Speaker:

I have the honor to inform you that the Senate has completed the business of the session and is now ready to adjourn.

Very respectfully,

Carol Morey Viventi, J.D.

Secretary of the Senate

______

Rep. Middaugh moved that the House adjourn.

The motion prevailed, the time being 12:00 Noon.

The hour of 12:00 Noon having arrived,

Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the Clerk declared the House adjourned without day.

GARY L. RANDALL

Clerk of the House of Representatives.