No. 75

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature


REGULAR SESSION OF 2003


House Chamber, Lansing, Wednesday, October 15, 2003.

1:00 p.m.

The House was called to order by the Speaker Pro Tempore.

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

Accavitti--present Garfield--e/d/s Meyer--present Sheen--present

Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present

Adamini--present Gillard--present Milosch--present Shulman--present

Amos--present Gleason--present Minore--present Smith--present

Anderson--present Hager--present Moolenaar--present Spade--present

Bieda--present Hardman--present Mortimer--present Stahl--present

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

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

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--excused Johnson, Ruth--present Plakas--present Walker--present

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

DeRoche--present Koetje--present Reeves--excused 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--excused LaSata--excused 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--present

Gaffney--present Meisner--present

e/d/s = entered during session

Rep. Virgil Smith, from the 7th District, offered the following invocation:

"Lord, we come to You today to ask that we are doing Your work and that You bless us with the knowledge that we need to do Your work. We are here representing the people of the State of Michigan trying to make a difference. So I ask that You please give us the knowledge, the patience and the know-how to represent the people of the State of Michigan. In Your name, we pray. Amen."

______

Rep. Palmer moved that Rep. LaSata be excused from today's session.

The motion prevailed.

Rep. Waters moved that Reps. Daniels, Elkins, Reeves and Stallworth be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 28.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Lake Superior State University relative to the Lake Superior State University Arts Classroom Building.

(For text of concurrent resolution, see House Journal No. 68, p. 1764.)

(The concurrent resolution was reported by the Committee on Appropriations on October 9, consideration of which, under the rules, was postponed until October 14.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 548 Yeas--104

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Paletko Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Vander Veen

Clack Johnson, Rick Pastor Voorhees

Condino Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Nays--0

In The Chair: Julian

The Speaker laid before the House

Senate Concurrent Resolution No. 33.

A concurrent resolution to disapprove Executive Reorganization Order 2003-14 pertaining to the creation of the Department of Labor and Economic Growth, the renaming of the Department of Consumer and Industry Services, the abolishment of the Department of Career Development, and the transfer of various powers, duties, functions, and responsibilities between the Department of Consumer and Industry Services and the Department of Community Health, the Department of Environmental Quality, the Department of Management and Budget, the Department of State Police, the Department of Transportation, the Department of Treasury, and the Family Independence Agency.

(For text of concurrent resolution, see House Journal No. 66, p. 1743.)

(The concurrent resolution was reported by the Committee on Commerce on September 30, consideration of which, under the rules, was postponed until October 1.)

The question being on the adoption of the concurrent resolution,

Rep. Huizenga moved that the concurrent resolution be re-referred to the Committee on Commerce.

The motion prevailed.

______

Rep. Brown moved that Rep. Adamini be excused temporarily from today's session.

The motion prevailed.

Rep. Garfield entered the House Chambers.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4601, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 552 (MCL 168.552), as amended by 1999 PA 220.

(The bill was received from the Senate on October 9, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 14, see House Journal No. 73, p. 1859.)

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

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

Roll Call No. 549 Yeas--105

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Paletko Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Vander Veen

Clack Johnson, Rick Pastor Voorhees

Condino Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield

Nays--0

In The Chair: Julian

The House agreed to the full title of the bill.

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

Second Reading of Bills

House Bill No. 4608, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," (MCL 565.201 to 565.203) by adding section 2a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Agriculture and Resource Management,

The substitute (H-6) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4608, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," (MCL 565.201 to 565.203) by adding section 2a.

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

Roll Call No. 550 Yeas--103

Accavitti Gieleghem Middaugh Sheltrown

Acciavatti Gillard Milosch Shulman

Adamini Gleason Minore Smith

Amos Hager Moolenaar Spade

Anderson Hardman Mortimer Stahl

Bieda Hart Murphy Stakoe

Bisbee Hood Newell Steil

Bradstreet Hoogendyk Nitz Stewart

Brandenburg Hopgood Nofs Tabor

Brown Howell O'Neil Taub

Byrum Huizenga Paletko Tobocman

Casperson Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Phillips Walker

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield Meyer Sheen

Nays--2

Caswell Johnson, Ruth

In The Chair: Julian

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

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

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," (MCL 565.201 to 565.203) by adding section 2a; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5133, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties 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 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 24 (MCL 205.24), as amended by 2002 PA 657.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5133, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties 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 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 24 (MCL 205.24), as amended by 2002 PA 657.

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

Roll Call No. 551 Yeas--105

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Paletko Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Vander Veen

Clack Johnson, Rick Pastor Voorhees

Condino Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4914, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 80124a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3)* previously recommended by the Committee on Great Lakes and Tourism,

The substitute (H-3)* was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4914, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 80124a.

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

Roll Call No. 552 Yeas--105

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Paletko Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Vander Veen

Clack Johnson, Rick Pastor Voorhees

Condino Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Huizenga moved that Rule 45 be suspended.

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

Rep. Huizenga moved that the Committee on Government Operations be discharged from further consideration of House Resolution No. 101.

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

The resolution was placed on the order of Reports of Standing Committees and laid over one day.

Reports of Standing Committees

House Resolution No. 101.

A resolution to encourage President Jimmy Carter and Habitat for Humanity, International, to select Michigan as the site for the 2005 Jimmy Carter Habitat for Humanity Work Project.

(For text of resolution, see House Journal No. 59, p. 1230.)

Rep. Huizenga moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Phillips, McConico, Byrum, Hunter, Smith, Dennis, Hardman, Daniels, Adamini, Anderson, Brown, Ehardt, Gieleghem, Jamnick, Kolb, Lipsey, Minore, Paletko, Plakas, Richardville, Rivet, Shaffer, Sheltrown, Shulman, Spade, Vagnozzi, Woodward, Zelenko, DeRossett, Gleason, Taub, Waters, Clack, Gillard, Murphy and Garfield offered the following resolution:

House Resolution No. 148.

A resolution honoring the life of William J. Waterman.

Whereas, In 1965, William J. Waterman began his long and distinguished career after graduating with a law degree from Florida A&M. In 1967, Attorney Waterman joined the law firm of Hatchett, Brown, Waterman & Campbell. During that time, he formed a lifelong alliance and deep friendship with Attorney Elbert Hatchett and Judge Christopher Brown; and

Whereas, After winning a landmark case that desegregated the Pontiac Public School System, Attorney William J. Waterman established his own law firm of Waterman and Spinks with the love and support of his wife Dr. Deidre Holloway- Waterman, a practicing ophthalmologist, and his two children, Shana Christie and William Toussaint; and

Whereas, In 1988, Attorney William J. Waterman was appointed to the bench by Governor James Blanchard. Beginning January 1, 1990, Judge Waterman served as Chief Judge of the 50th District Court for 8 years and 11 months. He was successfully reelected three times; and

Whereas, Judge Waterman was known as a sincere, no nonsense man of the law who was forceful in his rulings, yet fair to all who entered his courtroom. He worked tirelessly with troubled youth through the Waterman Club. At the Waterman Club teens were encouraged and directed to complete their education and seek gainful employment; and

Whereas, Judge Waterman was a vigorous civil rights activists as well as a community leader. He was loved by, and possessed a deep love for, the city of Pontiac and its people. He was a valiant fighter for the rights of the common man and a champion of those in need; and

Whereas, As a compassionate and involved community leader, Judge Waterman was the recipient of numerous awards from such prestigious organizations as the NAACP, Urban League, the Pontiac Board of Education, Latino organizations and the city of Pontiac; and

Whereas, In 1991, Judge Waterman received the North Oakland County NAACP Award for the development of the Pontiac Gun Bounty Program. He culminated his career by receiving the prestigious D. Augustus Straker Bar Association Special Achievement Award; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the life of Judge William J. Waterman and his exceptional career on the bench and outstanding commitment to justice; and be it further

Resolved, That on October 23, 2003, the 50th District Courthouse shall be dedicated and renamed, now and forever, as the William J. Waterman Hall of Justice.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Wenke, Chair, reported

House Bill No. 4292, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2002 PA 615.

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. Wenke, Sheen, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Farrah and Zelenko

Nays: Rep. Koetje

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 15, 2003, at 9:00 a.m.

Present: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda and Zelenko

Absent: Rep. Condino

Excused: Rep. Condino

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bradstreet, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, October 15, 2003, at 9:00 a.m.

Present: Reps. Bradstreet, Huizenga, Middaugh, Bisbee, Casperson, DeRoche, Garfield, Nitz, Palsrok, Stahl, McConico, Rivet, Woodward, Hopgood and Murphy

Absent: Reps. LaSata, LaJoy, Daniels and Stallworth

Excused: Reps. LaSata, LaJoy, Daniels and Stallworth

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 15, 2003, at 10:30 a.m.

Present: Reps. Van Regenmorter, Howell, Gaffney, Nofs, Meisner and Hood

Absent: Reps. Stakoe, LaSata and Condino

Excused: Reps. Stakoe, LaSata and Condino

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, October 9:

Senate Bill Nos. 762 763 764 765 766 769

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, October 10:

Senate Bill Nos. 767 768 770 771

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, October 15:

House Bill Nos. 5155 5156 5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167 5168 5169 5170 5171

The Clerk announced that the following Senate bills had been received on Wednesday, October 15:

Senate Bill Nos. 658 659 718

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4360, entitled

A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1, 3, 5, 6, and 7 (MCL 722.671, 722.673, 722.675, 722.676, and 722.677), sections 3, 5, 6, and 7 as amended by 1999 PA 33.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1, 3, 5, 6, and 7 (MCL 722.671, 722.673, 722.675, 722.676, and 722.677), sections 3, 5, 6, and 7 as amended by 1999 PA 33; and to repeal acts and parts of acts.

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

Senate Bill No. 658, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 80134a.

The Senate has passed the bill.

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

Senate Bill No. 659, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13g of chapter XVII (MCL 777.13g), as added by 2002 PA 30.

The Senate has passed the bill.

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

Senate Bill No. 718, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 15 (MCL 125.2665), as amended by 2002 PA 727.

The Senate has passed the bill.

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

Communications from State Officers

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

October 14, 2003

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

Performance Audit of the Fee Adequacy and

Delegated Authority Within the Air Quality Division,

Department of Environmental Quality,

released October 14, 2003.

October 14, 2003

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

Financial Audit of the

Legislative Retirement System,

released October 14, 2003.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Rep. Stakoe introduced

House Bill No. 5172, entitled

A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 9 (MCL 456.529), as amended by 2002 PA 550.

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

Rep. Acciavatti introduced

House Bill No. 5173, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 601b (MCL 257.601b), as amended by 2001 PA 103.

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

Reps. Robertson, Rocca, Ruth Johnson, Ward, Julian, Meyer, Stewart, Hager, Hart, Richardville, DeRossett, Newell, Milosch, Shackleton, LaJoy, Walker, Bisbee, Casperson, Gaffney, Nofs, Moolenaar, Caul, Amos, Kooiman and Tabor introduced

House Bill No. 5174, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 16 and 18 (MCL 750.16 and 750.18), section 16 as amended by 2002 PA 672.

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

Reps. Nofs, Rocca, Ruth Johnson, Ward, Julian, Meyer, Stewart, Hager, Hart, Richardville, DeRossett, Newell, Milosch, Shackleton, LaJoy, Walker, Bisbee, Casperson, Gaffney, Moolenaar, Caul, Amos, Robertson, Kooiman and Tabor introduced

House Bill No. 5175, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221, 16226, 17763, and 17764 (MCL 333.16221, 333.16226, 333.17763, and 333.17764), section 16221 as amended by 2002 PA 402, section 16226 as amended by 2002 PA 643, and section 17763 as amended by 1997 PA 153.

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

Reps. Farhat, Rocca, Ruth Johnson, Ward, Julian, Meyer, Stewart, Hager, Hart, Richardville, DeRossett, Newell, Milosch, Shackleton, LaJoy, Walker, Bisbee, Casperson, Gaffney, Nofs, Moolenaar, Caul, Amos, Robertson, Kooiman and Tabor introduced

House Bill No. 5176, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13n of chapter XVII (MCL 777.13n), as added by 2002 PA 30.

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

Reps. Ehardt, Rocca, Ruth Johnson, Ward, Julian, Meyer, Stewart, Hager, Hart, Richardville, DeRossett, Newell, Milosch, Shackleton, LaJoy, Walker, Bisbee, Casperson, Gaffney, Nofs, Moolenaar, Caul, Amos, Robertson, Kooiman and Tabor introduced

House Bill No. 5177, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16a of chapter XVII (MCL 777.16a), as amended by 2000 PA 279.

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

Reps. Casperson, Gaffney, Nofs, Moolenaar, Caul, Robertson, Kooiman and Tabor introduced

House Bill No. 5178, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34 (MCL 791.234), as amended by 2002 PA 670.

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

Reps. Newell, Wenke, Howell, Palsrok, Hager, Jamnick, Ward, Hummel, Emmons and Shaffer introduced

House Bill No. 5179, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 662 (MCL 168.662), as amended by 1999 PA 216.

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

Reps. Caswell, DeRossett, Milosch, Nitz, Brandenburg, Bradstreet, DeRoche, Ward, Pastor, Bisbee, Huizenga, Garfield, Hoogendyk, Farhat, Hummel, Drolet, Casperson, Shaffer, Vander Veen, Ehardt, Wenke, Sheen, Pappageorge, Brown and Palmer introduced

House Bill No. 5180, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 9113 (MCL 324.9113), as amended by 2000 PA 504.

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

______

Rep. Pumford moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, October 16, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives