2003-HJ-03-11-017.htm

No. 17

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Tuesday, March 11, 2003.

1:00 p.m.

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

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

Accavitti--present Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--present Stahl--present

Bisbee--present Hart--present Murphy--excused Stakoe--present

Bradstreet--present Hood--present Newell--present Stallworth--present

Brandenburg--present Hoogendyk--present Nitz--present Steil--present

Brown--present Hopgood--present Nofs--present Stewart--present

Byrum--present Howell--present O'Neil--present Tabor--present

Casperson--present Huizenga--present Paletko--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--present Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--excused

Gaffney--present

e/d/s = entered during session

Rep. Judy Emmons, from the 70th District, offered the following invocation:

"Heavenly Father, we thank You for this day that we are here safely and gathered together. We thank You for Your bountiful goodness. We pray for strength, wisdom and clarity of thought as we deliberate and consider the issues confronting this great state. We would ask that You hold in Your palm our leaders in Washington, our President, his advisors, as they, too, deliberate. We ask that You bless us as we travel. Keep us safe and keep us ever mindful of Your gracious forgiveness. In Jesus' name. Amen."

______

Rep. Waters moved that Reps. Murphy and Zelenko be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Motions and Resolutions

Reps. Ruth Johnson, Vander Veen, Pappageorge, Amos, Shaffer, Kooiman, DeRossett, Hager, Acciavatti, LaJoy, Ehardt, Kolb and Rocca offered the following resolution:

House Resolution No. 24.

A resolution to urge the Department of Environmental Quality to take certain actions to address the issue of the disposal of used electronic equipment and materials.

Whereas, Electronic waste, specifically the cathode ray tubes in televisions and computer monitors, is a new and significant waste product stemming from our increasingly technology-based society; and

Whereas, Hazardous components within electronics equipment often contain toxic materials, such as lead, mercury, and cadmium, which, if released into the environment, can have a harmful effect on our natural resources. This is a national concern that is shared by the people of Michigan; and

Whereas, Electronics manufacturers and trade associations have acknowledged this concern and are working on design changes, supporting pilot collection programs, and participating in state and national dialogue; and

Whereas, Some Michigan communities have taken responsibility for recycling electronic waste that would otherwise go to municipal solid waste landfills and incinerators at costs that will only increase; and

Whereas, The adequacy of the infrastructure and the capacity for handling electronic waste in an environmentally responsible manner are unknown; and

Whereas, Part 145 of 1994 PA 451, the Natural Resources and Environmental Protection Act, charges the Department of Environmental Quality with responsibility for facilitating pollution prevention activities, including recycling; now, therefore, be it

Resolved by the House of Representatives, That we urge the Department of Environmental Quality to conduct an assessment of the unregulated electronic waste stream generated in Michigan and of the state's capacity for managing this waste. We ask that this assessment be completed by December 1, 2003; and be it further

Resolved, That we urge the Department of Environmental Quality to establish an electronics recycling strategy that adequately and effectively addresses electronic waste generated in this state by focusing on the reuse and recycling of these materials. We urge that this strategy include public awareness initiatives to inform the public of the hazards of electronic waste; and be it further

Resolved, That copies of this resolution be transmitted to the Department of Environmental Quality.

The resolution was referred to the Committee on Land Use and Environment.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, February 26:

Senate Bill Nos. 205 206 207 208 209 210 211 212 213

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, February 28:

House Bill Nos. 4292 4293 4294 4295 4296 4297 4298 4299 4300 4301 4302 4303 4304 4305 4306 4307 4308 4309

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, February 28:

Senate Bill Nos. 214 215 216 218 219 220 221 222 223 224 225 226 227 228

229 230 231 232 233 234 235 236 237 238 239 240 241 242

243

The Clerk announced that the following bill had been printed and placed upon the files of the members, Monday, March 3:

Senate Bill No. 217

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 5:

Senate Bill Nos. 244 245 246 247 248 249 250 251 252 253 254 255 256 257

The Clerk announced that the following Senate bills had been received on Thursday, March 6:

Senate Bill Nos. 180 195

By unanimous consent, the House returned to the order of

Messages from the Senate

House Bill No. 4206, entitled

A bill to provide for the approval of certain contracts involving the operation of city and village water and sewer systems; to create an authority; and to provide for the powers and duties of certain governmental officials and entities.

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

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

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

House Concurrent Resolution No. 5.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to provide that all states receive a minimum of 95 percent of transportation funds sent to the federal government and to urge Congress to make the return of transportation money to the states a higher priority within existing federal revenues.

(For text of concurrent resolution, see House Journal No. 3, p. 53.)

The Senate has adopted the concurrent resolution and named Senators Allen, Bishop, Brater, Cassis, Cropsey, Goschka, Jacobs, Kuipers, Schauer, Scott, Switalski and Thomas as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 180, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 224.

The Senate has passed the bill.

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

Senate Bill No. 195, entitled

A bill to provide for the approval of certain contracts involving the operation of city and village water and sewer systems; to require certain policies and procedures in the awarding of contracts; and to provide for the powers and duties of certain governmental officials and entities.

The Senate has passed the bill.

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

By unanimous consent, the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4062, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21799a (MCL 333.21799a).

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Woronchak, Pappageorge, Rocca, Tabor, Vander Veen, Stallworth, Vagnozzi and Zelenko

Nays: None

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

House Bill No. 4079, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20194 and 21799a (MCL 333.20194 and 333.21799a), section 20194 as added by 1993 PA 79.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Woronchak, Pappageorge, Rocca, Tabor, Vander Veen, Stallworth, Vagnozzi and Zelenko

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 27, 2003, at 9:00 a.m.

Present: Reps. Woronchak, Pappageorge, Rocca, Tabor, Vander Veen, Stallworth, Vagnozzi and Zelenko

Absent: Rep. Brandenburg

Excused: Rep. Brandenburg

The Committee on Government Operations, by Rep. Koetje, Chair, reported

Senate Bill No. 160, entitled

A bill to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; and to provide for the administration of this act.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet, Howell, Waters and Lipsey

Nays: None

The Committee on Government Operations, by Rep. Koetje, Chair, reported

Senate Bill No. 195, entitled

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet and Howell

Nays: Rep. Waters

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Koetje, Chair of the Committee on Government Operations, was received and read:

Meeting held on: Tuesday, March 11, 2003, at 2:12 p.m.

Present: Reps. Koetje, Drolet, Howell, Waters and Lipsey

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nofs, Chair of the Committee on Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Thursday, February 27, 2003, at 1:15 p.m.

Present: Reps. Nofs, Garfield, Richardville, Pappageorge, Ruth Johnson, Casperson, Woodward, Spade and Elkins

Absent: Reps. Woronchak and Sheltrown

Excused: Reps. Woronchak and Sheltrown

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ward, Chair of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Tuesday, March 11, 2003, at 9:00 a.m.

Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meyer, Chair of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Tuesday, March 11, 2003, at 10:30 a.m.

Present: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law

Notices

March 4, 2003

Mr. Gary Randall

Clerk of the House

Ground Floor, Capitol Building

Dear Mr. Randall:

This letter is to authorize Representative Clark Bisbee to hold public hearings of the Joint Committee on Business Competitiveness from March 1, 2003 through September 1, 2003 in various locations across the state of Michigan.

Thank you for your attention to this matter.

Sincerely,

Rick Johnson

Speaker of the House

February 28, 2003

Mr. Gary Randall

Clerk of the House

Ground Floor, Capitol Building

Lansing, Michigan 48909

Dear Mr. Randall:

Please make note in your records that Representative Paula Zelenko is removed from the House Standing Committee on Higher Education, and replaced by Representative Morris Hood, III.

Thank you for your attention to this matter.

Sincerely,

Rick Johnson

Speaker of the House

Messages from the Governor

The following messages from the Governor were received March 3, 2003 and read:

EXECUTIVE ORDER

No. 2003 - 4

MICHIGAN LAND USE LEADERSHIP COUNCIL

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

WHEREAS, Article V, Section 4 of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes;

WHEREAS, the State of Michigan is experiencing the outward migration of population and economic activity from Michigan's urban areas resulting in land use change in rural and urban areas;

WHEREAS, outward migration and land use change has significantly impacted development patterns; traffic, air, and water resources; historic, cultural, and scenic resources; open space, wetlands, and agriculture; the availability of affordable housing; and the ability of this State and its local governments to finance public facilities and service improvements;

WHEREAS, Michigan's sprawling low-density growth pattern is projected to consume additional land at a rate that exceeds six to eight times the rate of population growth, creating a strain on the efficient provision of public services;

WHEREAS, Michigan's land-based industries are important to the economy of this State including agriculture, Michigan's second largest industry, which annually generates nearly $40 billion in economic activity, tourism, which generates nearly $12 billion in economic activity annually, and forestry, which annually generates nearly $9 billion in economic activity;

WHEREAS, between 1982 and 1997, Michigan lost over 1 million acres of farmland;

WHEREAS, Michigan's vital natural resources, which are an important economic, environmental, and social aspect of this State, continue to be fragmented and impacted by encroaching development;

WHEREAS, the unplanned, uncontrolled consumption of open space not only impairs the quality of Michigan's land, water, and ecosystems, but will also threaten Michigan's social and economic well-being if not met with strong leadership and vision;

WHEREAS, state-initiated land use coordination efforts will result in cost savings; better prioritization of limited state resources spent on public infrastructure; better stewardship of Michigan's agricultural, natural, historic, scenic, and cultural resources; an increased supply of affordable housing; orderly, safe, and well-planned urban and rural communities; preservation of important historic and scenic resources; and an expansion in private economic development activities;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the powers vested in me by the Michigan Constitution of 1963 and the laws of the State of Michigan, order the following:

I. MICHIGAN LAND USE LEADERSHIP COUNCIL

A. The Michigan Land Use Leadership Council ("Council") is created within the Department of Environmental Quality.

B. The Council shall have 26 members.

C. The Speaker of the House of Representatives, the House Minority Leader, the Senate Majority Leader, and the Senate Minority Leader each may designate one member of the Michigan Legislature to participate as members of the Council.

D. From a list of candidates recommended by the Speaker of the House of Representatives and the Senate Majority Leader, the Governor shall appoint 11 members of the Council.

E. After consultation with the House Minority Leader and the Senate Minority Leader, the Governor shall appoint 11 additional members of the Council.

F. The Directors of the Departments of Agriculture, Consumer and Industry Services, Environmental Quality, History, Arts and Libraries, Natural Resources, and Transportation, or their designees, shall serve as ex officio, non-voting participants at meetings of the Council.

G. Members of the Council appointed by the Governor shall serve at the pleasure of the Governor.

H. A vacancy on the Council shall be filled in the same manner as the original appointment.

II. CHARGE TO THE COUNCIL

B. The Council is advisory in nature and shall:

1. Identify the trends, causes, and consequences of unmanaged growth and development.

2. Provide recommendations to the Governor and the Legislature designed to minimize the negative economic, environmental, and social impacts of current land use trends; promote urban revitalization and reinvestment; foster intergovernmental and public-private land use partnerships; identify new growth and development opportunities; and protect Michigan's natural resources, including farmland and open space, and better manage the cost of public investments in infrastructure to support growth.

B. In exercising its duties the Council may:

1. Evaluate the effectiveness of current state, regional, and local land use laws, including but not limited to zoning and planning laws, housing laws, building codes, and annexation laws.

2. Survey developers, builders, contractors, farmers, planners, engineers, surveyors, environmentalists, historic preservationists, attorneys, academics, citizen groups, others in the private sector, state agencies, and local governmental agencies about problems associated with current land use trends and current policies and suggested policy changes.

3. Stimulate statewide discussion on problems related to current land use trends, identifying best development practices and alternative land use and capital investment solutions.

4. Review model legislation and studies on land use techniques and collect information on states that have developed innovative solutions to similar land use challenges.

5. Identify any state programs or regulations that directly or indirectly encourage or subsidize low-density development and outward migration from urban areas.

6. Identify public information, training, and technical assistance related to land use needed by state, regional, and local agencies.

7. Identify incentives or techniques for sharing the benefits of economic growth and eliminating or reducing fiscal competition among local units of government and for fostering intergovernmental cooperation.

8. Propose innovative and cooperative land use approaches that will accommodate and guide growth and development through cooperation and partnerships on a local and regional basis; ensure the construction of adequate supporting services and infrastructure, including utilities, storm water management systems, and transportation; provide opportunities for or eliminate barriers to affordable housing; protect the environment and historic and scenic resources; enhance community livability; preserve farmland; and minimize negative impacts on natural resources.

C. The Council shall complete its work and issue a final report and recommendations, including any proposed legislation, to the Governor, the Clerk of the Michigan House of Representatives, and the Secretary of the Michigan Senate by August 15, 2003.

III. OPERATIONS OF THE COUNCIL

A. The Governor shall designate two members of the Council appointed by the Governor as Co-Chairpersons who shall share equally the powers of directing the Council. The Co-Chairpersons shall serve as Co-Chairpersons at the pleasure of the Governor.

B. The Council shall be staffed by personnel within the Department of Environmental Quality, as designated by the Director. The Directors of the Departments of Agriculture, Consumer and Industry Services, History, Arts, and Libraries, Natural Resources, and Transportation shall provide personnel assistance to the Council at the request of the Director of the Department of Environmental Quality.

C. The Co-chairpersons shall appoint an executive coordinator for the Council.

D. The Council may adopt procedures, not inconsistent with Michigan law and this Order, governing its organization and operations. The Council may establish subcommittees as it deems advisable.

E. The Council shall meet at the call of the Co-chairpersons and as may be provided in procedures adopted by the Council.

F. A majority of the serving members constitutes a quorum for the transaction of business of the Council at a meeting, notwithstanding the existence of one or more vacancies. The Council shall act by a majority vote of its serving members.

G. In developing recommendations, the Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may consult with outside experts in order to perform its duties.

H. Members of the Council shall serve without compensation. Members of the Council may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available appropriations.

I. The Council may hire or retain such contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Director of the Department of Environmental Quality deems advisable and necessary, in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

J. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.

K. Members of the Council appointed by the Governor shall refer all legal, legislative, and media contacts to the Department of Environmental Quality.

IV. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this State or of any political subdivision of this State shall give to the Council, or to any member or representative of the Council, any necessary assistance required by the Council, or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Council

B. The invalidity of any portion of this Order shall not affect the validity of the remainder the Order

This Executive Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 28th day of February, 2003.

Jennifer M. Granholm

Governor

By the Governor:

Terri Land

Secretary of State

The message was referred to the Clerk.

EXECUTIVE ORDER

No. 2003 5

GOVERNOR'S CHRONIC WASTING DISEASE TASK FORCE

EXECUTIVE OFFICE OF THE GOVERNOR

WHEREAS, Article V, Section 4 of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes;

WHEREAS, Section 1 of 1931 PA 195, MCL 10.51, authorizes and empowers the Governor, at such times and for such purposes as the Governor deems necessary or advisable, to create special commissions consisting of as many members as the Governor deems appropriate;

WHEREAS, chronic wasting disease is a neurological disease of deer and elk, a transmissible spongiform encephalopathy similar to mad cow disease in cattle and scrapie in sheep, characterized by loss of body condition, behavioral abnormalities, and death;

WHEREAS, chronic wasting disease can reduce the growth and size of deer and elk populations in areas where the prevalence of the disease is high, and is of increasing concern for wildlife managers across North America;

WHEREAS, there is no reliable live animal testing available for diagnosing chronic wasting disease, nor a treatment available, and information about the spread and long term implications of the disease is incomplete;

WHEREAS, once a disease thought to be limited in the wild to a relatively small endemic area in northeastern Colorado, southeastern Wyoming and southwestern Nebraska, chronic wasting disease has recently been found in new areas of Colorado and Nebraska, among wild deer in Illinois, New Mexico, South Dakota, Wisconsin and Saskatchewan, and among captive herds in Colorado, Nebraska, South Dakota, Minnesota, Montana, Oklahoma, Kansas, Wisconsin, Saskatchewan and Alberta;

WHEREAS, the spread of chronic wasting disease beyond its historic range threatens more than elk and deer in Michigan. If allowed to spread into Michigan, the disease has the potential to negatively impact other wildlife populations, limit interest in recreational and commercial use of deer and elk, and negatively impact rural economies;

WHEREAS, the increased occurrence of chronic wasting disease in regionally diverse locations necessitates a coordinated state response and an escalation in research, surveillance, monitoring, and management activities focused on containing and managing this lethal deer and elk disease and establishing preventative measures to keep the disease out of Michigan;

WHEREAS, the Natural Resources Commission, the Agriculture Commission, the Department of Natural Resources, and the Department of Agriculture have worked well to date to institute policies and procedures for the Departments of Natural Resources and Agriculture to limit the threat posed by the disease; and

WHEREAS, greater partnership among the Michigan Departments of Agriculture, Community Health, Environmental Quality, Natural Resources, State Police, and Transportation, as well as other state, federal, and provincial, and local agencies in the Great Lakes region and beyond is necessary to prevent and control the spread of chronic wasting disease.

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the state of Michigan, pursuant of the powers vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:

I. GOVERNOR'S CHRONIC WASTING DISEASE TASK FORCE

A. The Governor's Chronic Wasting Disease Task Force ("Task Force") is created within the Executive Office of the Governor.

B. The members of the Task Force shall include five members of the public appointed by the Governor.

C. The Directors of the Departments of Agriculture, Community Health, Environmental Quality, Natural Resources, State Police, and Transportation, or their designates, shall serve as ex officio, non-voting members of the Task Force.

D. The members of the Task Force shall serve at the pleasure of the Governor.

E. A vacancy on the Task Force shall be filled in the same manner as the original appointment.

II. CHARGE TO THE TASK FORCE

A. The Task Force shall act in an advisory capacity to the Executive Office of the Governor and shall:

1. Review existing state efforts regarding the prevention of chronic wasting disease.

2. Develop and make recommendations to implement a comprehensive and coordinated state chronic wasting disease prevention plan.

3. Make recommendations on the clarification of enforcement authority to prevent the spread of chronic wasting disease into Michigan, and if ever detected in Michigan, to prevent its spread within this state.

4. Recommend a process for the development of a widely-accessible reference database of available and current information concerning chronic wasting disease.

5. Identify mechanisms to promote effective communications and coordination of efforts between state, federal, provincial, and local officials regarding chronic wasting disease.

B. The Task Force shall complete its work and issue a final report and recommendations, including any proposed legislation, to the Governor by September 19, 2003.

III. OPERATIONS OF THE TASK FORCE

A. The Governor shall designate one member of the Task Force as Chairperson to serve at the pleasure of the Governor.

B. The Chairperson shall select from among the members of the Task Force a Vice-Chairperson and a Secretary. Task force staff shall assist the Secretary with recordkeeping responsibilities.

C. The Task Force shall be staffed by personnel from and assisted by the Departments of Agriculture, Community Health, Environmental Quality, Natural Resources, State Police, and Transportation, as requested by the Executive Office of the Governor.

D. The Task Force may adopt procedures, not inconsistent with Michigan law and this executive order, governing its organization and operations. The Task Force may establish subcommittees as it deems advisable.

E. The Task Force shall meet at the call of the Chairperson, or the Vice-Chairperson or other designee of the Chairperson, and as may be provided in procedures adopted by the Task Force.

F. The Task Force shall act by a majority vote of its serving members. A majority of the members present and voting constitutes a quorum for the transaction of business of the Task Force at a meeting.

G. In developing recommendations, the Task Force may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Task Force may consult with outside experts in order to perform its duties, including but not limited to experts at state universities, state agencies, and federal agencies such as the United States Department of Agriculture and the United States Fish and Wildlife Service.

H. Members of the Task Force shall serve without compensation. Members of the Task Force may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available appropriations.

I. The Task Force may hire or retain such contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties as the Executive Office of the Governor deems advisable and necessary, in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

J. The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person.

K. Members of the Task Force shall refer all legal, legislative, and media contacts to the Executive Office of the Governor.

IV. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Task Force, or to any member or representative of the Task Force, any necessary assistance required by the Task Force, or any member or representative of the Task Force, in the performance of the duties of the Task Force so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Task Force.

B. The invalidity of any portion of this Order shall not affect the validity of the remainder the order.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 28th day of February, 2003.

Jennifer M. Granholm

Governor

By the Governor:

Terri Land

Secretary of State

The message was referred to the Clerk.

Communications from State Officers

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

February 26, 2003

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

Performance Audit of the

Criminal Justice Information Center

Michigan Department of State Police

February 2003

February 28, 2003

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

Financial Audit of the

Michigan Broadband Development Authority

March 14, 2002 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 Government Operations.

The following communication from the Department of Environmental Quality was received and read:

February 28, 2003

I am pleased to enclose with this letter the annual report regarding brownfield plans and work plans submitted to the Department of Environmental Quality (DEQ) pursuant to the reporting requirements of Section 15(12) of the Brownfield Redevelopment Financing Act, 1996 PA 381, as amended. The report summarizes information provided by local Brownfield Redevelopment Authorities from January 1, 2002 through December 31, 2002.

The Act 381 program continues to be an important factor in promoting redevelopment of Michigan's brownfield sites. If you have any questions regarding this or any other aspects of our cleanup and redevelopment program, please contact Mr. Jim Sygo, Chief, Remediation and Redevelopment Division, at 517-335-1104, or you may contact me.

Sincerely,

Steven E. Chester

Director

517-373-7917

The communication was referred to the Clerk.

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

March 3, 2003

Pursuant to Section 314 of P.A. 527 of 2002, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Special Invest. Report Adrian Trng. School 2003C0212024 CS460200931

Special Invest. Report Sequoyah Center 2003C0212026 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 website under "Inside CIS" at the following address: http://www.michigan.gov/cis/.

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

Sincerely,

Allan R. Pohl

Acting Director

Finance and Administrative

Services

The communication was referred to the Clerk.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

Senate Concurrent Resolution No. 1.

A concurrent resolution to memorialize the Congress of the United States to establish a minimum rate of return of 95 percent of Michigan's federal transportation funding for highway and transit programs.

(For text of concurrent resolution, see House Journal No. 9, p. 116.)

(The concurrent resolution was reported by the Committee on Transportation on February 27, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

House Bill No. 4198, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82126 (MCL 324.82126), as amended by 1998 PA 30.

The bill was read a second time.

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

The motion prevailed.

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

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

Rep. Waters moved that Reps. Byrum, Stallworth and McConico be excused temporarily from today's session.

The motion prevailed.

Rep. Richardville moved that Rep. Newell be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4198, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82126 (MCL 324.82126), as amended by 1998 PA 30.

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

Roll Call No. 22 Yeas--102

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Nitz Stakoe

Bradstreet Hood Nofs Steil

Brandenburg Hoogendyk O'Neil Stewart

Brown Hopgood Paletko Tabor

Casperson Howell Palmer Taub

Caswell Huizenga Palsrok Tobocman

Caul Hummel Pappageorge Vagnozzi

Cheeks Hune Pastor Van Regenmorter

Clack Hunter Phillips Vander Veen

Condino Jamnick Plakas Voorhees

Daniels Johnson, Rick Pumford Walker

Dennis Johnson, Ruth Reeves Ward

DeRoche Julian Richardville Waters

DeRossett Koetje Rivet Wenke

Drolet Kolb Robertson Whitmer

Elkins Kooiman Rocca Williams

Emmons LaJoy Sak Wojno

Farhat LaSata Shackleton Woodward

Farrah Law Shaffer Woronchak

Gaffney Lipsey

Nays--0

In The Chair: Vander Veen

The House agreed to the title of the bill.

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

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

Introduction of Bills

Reps. Meyer, Sheltrown, Caswell, Julian, Rivet, Newell, Ehardt, Stahl, Shackleton and Nitz introduced

House Bill No. 4310, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 25 (MCL 285.85), as added by 2002 PA 80.

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

Reps. Meyer, Sheltrown, Caswell, Julian, Rivet, Newell, Ehardt, Stahl, Shackleton and Nitz introduced

House Bill No. 4311, entitled

A bill to provide insurance to farm produce producers against losses from the failure of grain dealers; to establish a farm produce insurance authority; to prescribe the powers and duties of the authority and its board; to establish a farm produce insurance fund; to provide for assessments on grain dealers; to prescribe certain powers and duties of certain state agencies and officers; to authorize the promulgation of rules; 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. Kolb, Vander Veen, Stewart, Dennis, Bieda, Hart, Murphy, Accavitti, Vagnozzi, Paletko, Plakas, Hardman, Condino, McConico, Woodward, Gillard, Whitmer, Gieleghem, Tobocman, Law, Phillips, Hopgood, Minore, Clack, Wojno, Woronchak, Rivet, Lipsey, Sak, Williams, Zelenko and Jamnick introduced

House Bill No. 4312, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3111 and 3113 (MCL 324.3111 and 324.3113).