2007-HJ-12-27-134

No. 134

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Thursday, December 27, 2007.

11:15 a.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 not present.

Rep. Michael G. Sak, from the 76th District, offered the following invocation:

"Heavenly Father, we come to You today expressing thanks for the many blessings that You have bestowed upon us here in the Michigan Legislature, along with our families and our citizens across this great state of Michigan. We are very fortunate enough to live in a state that has the abundance, glory and beauty of our natural resources. May we always be mindful of what a special treasure we have to live within our Great Lakes state and unique peninsulas and most importantly the citizens of our state. Lord, we pray, that with Your guidance and throughout this chamber and through our administration will always be fraught with wisdom and compassion and free of self interest. As we conclude our prayer, keep in mind our military men and women here and their families. God Bless our Military Men and Women! God Bless our Families! God Bless America! Thank You."

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 Friday, December 14:

House Bill Nos. 5564 5565 5566 5567 5568 5569 5570 5571 5572 5573 5574 5575 5576 5577 5578 5579 5580 5581 5582 5583 5584 5585 5586 5587 5588 5589

Senate Bill Nos. 1001 1002 1003 1004 1005

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

Enrolled House Bill No. 4550 at 11:14 a.m.

Enrolled House Bill No. 4551 at 11:16 a.m.

Enrolled House Bill No. 5193 at 11:18 a.m.

Enrolled House Bill No. 5354 at 11:20 a.m.

Enrolled House Bill No. 5449 at 11:22 a.m.

Enrolled House Bill No. 5484 at 11:24 a.m.

Enrolled House Bill No. 5485 at 11:26 a.m.

Enrolled House Bill No. 5487 at 11:28 a.m.

Enrolled House Bill No. 5488 at 11:30 a.m.

Enrolled House Bill No. 5489 at 11:32 a.m.

Enrolled House Bill No. 5491 at 11:34 a.m.

Enrolled House Bill No. 5492 at 11:36 a.m.

Enrolled House Bill No. 5493 at 11:38 a.m.

Enrolled House Bill No. 5494 at 11:40 a.m.

Enrolled House Bill No. 5496 at 11:42 a.m.

Enrolled House Bill No. 5497 at 11:44 a.m.

Enrolled House Bill No. 4132 at 1:36 p.m.

Enrolled House Bill No. 4399 at 1:38 p.m.

Enrolled House Bill No. 4711 at 1:40 p.m.

Enrolled House Bill No. 4712 at 1:42 p.m.

Enrolled House Bill No. 4869 at 1:44 p.m.

Enrolled House Bill No. 4870 at 1:46 p.m.

Enrolled House Bill No. 4936 at 1:48 p.m.

Enrolled House Bill No. 4979 at 1:50 p.m.

Enrolled House Bill No. 5105 at 1:52 p.m.

Enrolled House Bill No. 5125 at 1:54 p.m.

Enrolled House Bill No. 5126 at 1:56 p.m.

Enrolled House Bill No. 5138 at 1:58 p.m.

Enrolled House Bill No. 5139 at 2:00 p.m.

Enrolled House Bill No. 5409 at 2:02 p.m.

Enrolled House Bill No. 5412 at 2:04 p.m.

Enrolled House Bill No. 5413 at 2:06 p.m.

Enrolled House Bill No. 5460 at 2:08 p.m.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 20, 2007

Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lindberg, Melton, Miller, Nofs, Palsrok, Moolenaar, Horn and Opsommer

Absent: Reps. Lemmons, Garfield and Huizenga

Excused: Reps. Lemmons, Garfield and Huizenga

Notices

December 13, 2007

Ms. Carol Morey Viventi

Secretary of the Senate

P.O. Box 30036

Lansing, MI 48909

Mr. Rich Brown

Clerk of the House

P.O. Box 30014

Lansing, MI 48909

Dear Secretary Viventi and Clerk Brown:

Pursuant to Public Act 224 of 2004, we are making the following appointments and reappointments to the State Drug Treatment Court Advisory Committee:

Judge Patrick Bowler, 61st District Court, Kent County Courthouse, 180 Ottawa Avenue NW, Suite 8A, Grand Rapids, MI 49503, representing the Michigan Association of Drug Court Professionals.

Mr. Homer Smith, MADD Michigan, P.O. Box 21157, Lansing, MI 48909, representing an individual who is an advocate for the rights of crime victims.

Judge William T. Ervin, Isabella County Probate Court, 300 N. Main St., Mt. Pleasant, MI 48858, representing the position of a judge of the family division of circuit court who has presided for at least two years over a juvenile drug court program.

Ms. Charita Coleman-Gladdis, Ninth Circuit Court, 227 W. Michigan Ave., Kalamazoo, MI 49007, representing an adult who has successfully completed a drug treatment court program.

Respectfully,

Michael D. Bishop Andy Dillon

Senate Majority Leader Speaker of the House

Messages from the Governor

The following message from the Governor was received December 20, 2007 and read:

EXECUTIVE ORDER

No. 2007 47

ESTABLISHING THE MICHIGAN INTELLIGENCE OPERATIONS CENTER FOR HOMELAND SECURITY

DEPARTMENT OF STATE POLICE

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under section 8 of Article V of the Michigan Constitution of 1963, it is the responsibility of the Governor to take care that the laws be faithfully executed;

WHEREAS, the persons, houses, papers, and possessions of every person in Michigan are guaranteed to be secure from unreasonable searches and seizures under Section 11 of Article I of the Michigan Constitution of 1963, and no warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation;

WHEREAS, the State of Michigan has a continuing obligation to take appropriate steps to protect the safety and security of Michigan residents;

WHEREAS, one of the most serious challenges affecting homeland security is the timely exchange of intelligence and other critical information by and among federal, state, and local law enforcement agencies;

WHEREAS, accurate and timely intelligence is a key factor in state government's ability to protect public infrastructure and Michigan residents;

WHEREAS, the creation of a homeland security intelligence fusion center in Michigan will enable the United States Department of Homeland Security to distribute critical information and intelligence to a single point of contact in this state, enabling dissemination to law enforcement agencies that can utilize the information to better protect Michigan residents;

WHEREAS, the purpose of a homeland security intelligence fusion center will be to collect, evaluate, collate, analyze, and disseminate information to support federal, state, and local law enforcement agencies in detecting, preventing, and responding to criminal and terrorist activity while protecting the political and civil rights of Michigan residents;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. "Advisory Board" means the Advisory Board for the Michigan Intelligence Operations Center for Homeland Security created within the Department of State Police under Section III of this Order.

B. "Center" means the Michigan Intelligence Operations Center for Homeland Security created within the Department of State Police under Section II of this Order.

C. "Department of State Police" or "Department" means the principal department of state government created under Section 150 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.250.

II. CREATION OF THE MICHIGAN INTELLIGENCE OPERATIONS CENTER FOR HOMELAND SECURITY

A. The Michigan Intelligence Operations Center for Homeland Security is created within the Department of State Police.

B. The authority, powers, duties, and functions of the Center, including, but not limited to, budgeting, procurement, andrelated management functions, shall be performed under the direction and supervision of the Director of the Department. The Director of the Department shall direct and supervise the operation of the Center and shall be responsible for developing and implementing the management and operational policies of the Center.

C. Information and intelligence provided to the Center shall be collected, evaluated, collated, analyzed, and disseminated under applicable federal and state laws and regulations.

D. The Center shall comply with any applicable laws, including, but not limited to, 1980 PA 201, MCL 752.1 to 752.6, and the C.J.I.S. Policy Council Act, 1974 PA 163, MCL 28.211 to 28.216.

E. The Department, after consultation with the Advisory Board, shall develop and publish a privacy policy for information and intelligence in the possession of the Center that is designed to protect the political and civil rights of Michigan residents consistent with applicable state and federal law, including, but not limited to, laws and regulations relating to privacy and public access to government information. The privacy policy shall preserve the integrity and effectiveness of law enforcement responsibilities and functions while also assuring that Michigan residents remain protected from the inappropriate use or release of private information.

III. CREATION OF THE ADVISORY BOARD FOR THE MICHIGAN INTELLIGENCE OPERATIONS CENTER FOR HOMELAND SECURITY

A. The Advisory Board for the Michigan Intelligence Operations Center for Homeland Security is created as an advisory body within the Department of State Police.

B. The Advisory Board shall consist of the following 15 members:

1. The Director of the Department of State Police.

2. The Adjutant General or his or her designee from within the Department of Military and Veterans Affairs.

3. The Director of the Department of Civil Rights or his or her designee from within the Department of Civil Rights or from the Civil Rights Commission.

4. The Director of the Department of Corrections or his or her designee from within the Department of Corrections.

5. The following members appointed by the Governor:

a. An individual representing local police departments in Michigan or the Michigan Association of Chiefs of Police.

b. An individual representing local sheriff's departments in Michigan or the Michigan Sheriffs' Association.

c. An individual representing the office of a county prosecuting attorney or the Prosecuting Attorneys Association of Michigan.

d. Five Michigan residents representing federal homeland security or law enforcement agencies, such as the United States Department of Homeland Security, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Attorney's Office for the Eastern District of Michigan, or the United States Attorney's Office for the Western District of Michigan.

e. Three other residents of this state.

C. Of the members of the Advisory Board initially appointed by the Governor under Section III.B.5, 3 members shall beappointed for terms expiring on November 30, 2008, 3 members shall be appointed for terms expiring on November 30,2009, 3 members shall be appointed for terms expiring on November 30, 2010, and 2 members shall be appointed for terms expiring on November 30, 2011. After the initial appointments, members of the Advisory Board appointed by the Governor under Section III.B.5 shall be appointed for terms of 4 years. A vacancy caused other than by expiration of a term shall be filled in the same manner as the original appointment for the remainder of the term.

D. The Director of the Department shall serve as the Chairperson of the Advisory Board. The Advisory Board shall annually elect a member of the Advisory Board to serve as Vice-Chairperson of the Advisory Board.

E. The Advisory Board shall be staffed and assisted by personnel from the Department, as directed by the Director ofthe Department. The budgeting, procurement, and related management functions of the Advisory Board shall be performed under the direction and supervision of the Director of the Department.

F. The Advisory Board shall adopt procedures consistent with Michigan law and this Order governing its organizationand operations. The Advisory Board shall recommend a privacy policy and management policies and procedures for the Center to comply any applicable laws, including, but not limited to, 1980 PA 201, MCL 752.1 to 752.6, and the C.J.I.S. Policy Council Act, 1974 PA 163, MCL 28.211 to 28.216.

G. A majority of the members of the Advisory Board serving constitutes a quorum for the transaction of the Advisory Board's business. The Advisory Board shall act by a majority vote of its serving members.

H. The Advisory Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Advisory Board.

I. The Advisory Board may establish advisory workgroups composed of representatives of law enforcement agencies participating in Center activities, other law enforcement or public safety agencies, and other public participation as the Advisory Board deems necessary to assist the Advisory Board in its duties and responsibilities. The Advisory Board may adopt, reject, or modify any recommendations proposed by an advisory workgroup.

J. The Advisory Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Advisory Board may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

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

L. The Advisory Board may hire or retain 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 Advisory Board and the performance of its duties, as the Director of the Department deems advisable and necessary, in accordance with this Order and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

M. The Advisory Board may accept donations of labor, services, or other things of value from any public or private agency or person.

N. Members of the Advisory Board shall refer all legal, legislative, and media contacts to the Department.

IV. MISCELLANEOUS

A. State departments and agencies shall actively cooperate with the Center and Advisory Board in the performance of their duties and responsibilities under this Order.

B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

D. This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 20th day of December, in the year of our Lord, two thousand seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received December 20, 2007 and read:

EXECUTIVE ORDER

No. 2007 48

MICHIGAN REHABILITATION COUNCIL

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that the Governor shall take care that the laws be faithfully executed;

WHEREAS, many Michigan residents have one or more physical or mental disabilities and persons with disabilities are an important part of Michigan's workforce;

WHEREAS, physical and mental disabilities are a natural part of the human experience and in no way diminish the right of an individual with a disability to live independently, enjoy self-determination, make choices, contribute to society, pursue meaningful careers, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of our society;

WHEREAS, the State of Michigan shares the goals of the federal government of providing individuals with disabilities with the tools necessary to make informed choices and decisions and to achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency;

WHEREAS, when enacting the Rehabilitation Act of 1973, the Congress of the United States recognized the importance of empowering individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society, and assisting states and providers of services in fulfilling the aspirations of individuals with disabilities for meaningful and gainful employment and independent living;

WHEREAS, under Section 100 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 725, to be eligible to receive federal assistance under Sections 100 to 140 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, each state must establish a rehabilitation council;

WHEREAS, reestablishment of a state rehabilitation council previously organized under Executive Order 1994-20 isnecessary to appropriately reflect the current organizational structure of state government and to comply with federal law;

WHEREAS, reestablishment of the Michigan Statewide Rehabilitation Council will improve working relationships among state independent living rehabilitation service programs, centers for independent living, the Michigan Statewide Independent Living Council, vocational rehabilitation programs, and other federally-funded programs;

I. DEFINITIONS

A. "Center for independent living" means that phrase as defined under Section 702 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796a.

B. "Council" means the Michigan Rehabilitation Council created within the Executive Office of the Governor by this Order.

C. "Council for Labor and Economic Growth" means the workforce investment board for this state created by Executive Order 2004-36, as amended by Executive Order 2006-15.

D. "Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order 1996-2, MCL 445.2001, and Executive Order 2003-18, MCL 445.2011.

E. "Disability" means that term as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

F. "Individual with a disability" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

G. "Individuals with disabilities" means more than one individual with a disability.

H. "Michigan Rehabilitation Services" means the bureau within the Department of Labor and Economic Growth that serves as the state general rehabilitation agency for individuals with disabilities, except those who are blind, and that is responsible for administration of the vocational rehabilitation program under the Rehabilitation Act of 1964, 1964 PA 232, MCL 395.81 to 395.90.

I. "Personal assistance services" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

II. CREATION OF MICHIGAN REHABILITATION COUNCIL

A. The Michigan Rehabilitation Council is established within the Department of Labor and Economic Growth.

B. The Council shall include the following voting members:

1. The following members appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities:

a. One individual representing the Statewide Independent Living Council established under Executive Order 2007-49.

b. One individual representing a parent training and information center established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471.

c. One individual representing the client assistance program established under Section 112 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 732.

d. One individual representing qualified vocational rehabilitation counselors with knowledge of, and experience with,vocational rehabilitation programs. The individual appointed under this paragraph shall not be an employee of Michigan Rehabilitation Services.

e. One individual representing community rehabilitation program service providers.

f. Four individuals representing business, industry, or labor, including at least one individual representing the Council for Labor and Economic Growth.

g. Four individuals representing disability advocacy groups, including a cross-section of all of the following:

i. Disability advocacy groups representing individuals with physical cognitive, sensory, and mental disabilities.

ii. Disability groups representing representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves.

h. One individual representing current or former applicants for, or recipients of, vocational rehabilitation services.

i. One individual representing the director of a project carried out under Section 121 of the Rehabilitation Act of 1973,Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grants to the governing bodies of an Indian tribe or to a consortium of tribal governing bodies.

j. Seven other residents of this state, including, but not limited to, individuals who might also qualify for appointment under Sections II.B.1.a to II.B.1.i.

2. The Superintendent of Public Instruction, or his or her designee from within the Department of Education.

C. The Bureau Director of Michigan Rehabilitation Services shall serve as a non-voting ex officio member of the Council.

D. A majority of the members of the Council shall be individuals with disabilities and shall not be employed by Michigan Rehabilitation Services. When appointing members of the Council, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.

E. Of the members of the Council initially appointed by the Governor under Section II.B, 7 members shall be appointed for a term expiring on December 31, 2008, 7 members shall be appointed for a term expiring on December 31, 2009, and 8 members shall be appointed for a term expiring on December 31, 2010. After the initial appointments, members shall be appointed for a term of 3 years.

F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council.

G. Except for a member appointed under Section II.B.1.c or Section II.B.1.i, a member of the Council shall not serve more than two consecutive full terms.

III. CHARGE TO THE COUNCIL

A. After consulting with the Council for Labor and Economic Growth, the Council shall do all of the following:

1. Review, analyze, and advise Michigan Rehabilitation Services regarding the performance of the responsibilities of Michigan Rehabilitation Services under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly responsibilities relating to all of the following:

a. Eligibility, including order of selection.

b. The extent, scope, and effectiveness of services provided.

c. Functions performed by state departments and agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a.

2. In partnership with Michigan Rehabilitation Services, do all of the following:

a. Develop, agree to, and review the goals and priorities of this state in accordance with Section 101(a)(15)(C) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C).

b. Evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the federal government in accordance with Section 101(a)(15)(E) of the Rehabilitation Act of 1973 Public Law 93-112, as amended, 29 USC 721(a)(15)(E).

3. Advise the Department of Labor and Economic Growth and Michigan Rehabilitation Services regarding activities authorized to be carried out under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the State Plan and amendments to the State Plan, applications, reports, needs assessments, and evaluations required by Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a.

4. To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with, all of the following:

a. The functions performed by the Department of Labor and Economic Growth and Michigan Rehabilitation Services.

b. The vocational rehabilitation services provided by state departments and agencies and other public and private entities within this state responsible for providing vocational rehabilitation services to individuals with disabilities under Sections 2 to 803 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 701 to 797b.

c. The employment outcomes achieved by eligible individuals receiving services under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, including the availability of health and other employment benefits in connection with such employment outcomes.

5. Prepare and submit an annual report to the Governor and the United States Secretary of Education on the status of vocational rehabilitation programs operated within this state, and make the report available to the public, including on an Internet website maintained by the Department of Labor and Economic Growth.

6. To avoid duplication of efforts and enhance the number of individuals served, coordinate activities with the activities of other councils within this state, including the Michigan Statewide Independent Living Council created by Executive Order 2007-49, the Michigan Developmental Disabilities Council created under Executive Order 2006-12, the Special Education Advisory Committee created under Section 9a of 1964 PA 297, MCL 388.1009a, the Advisory Council on Mental Illness established within the Department of Community Health, and the Council for Labor and Economic Growth.

7. Provide for coordination and the establishment of working relationships between Michigan Rehabilitation Services, the Michigan Statewide Independent Living Council created by Executive Order 2007-49, and centers for independent living within this state.

8. Perform other functions, consistent with the purpose of Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, as the Council determines to be appropriate, that are comparable to the other functions performed by the Council.

9. Perform other functions related to the Council's responsibilities as requested by the Governor.

IV. OPERATIONS OF THE COUNCIL

A. The Council shall select from among the voting members of the Council a member to serve as Chairperson of the Council and may select from among the voting members of the Council other officers as the Council deems necessary.

B. The Council shall adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations.

C. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving.

D. The Council shall meet at least four times per year in a place that the Council determines necessary to conduct Council business and conduct forums or hearings as the Council determines appropriate.

E. The Council may hold hearings and forums as the Council determines necessary to carry out the duties of the Council under this Order.

F. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.

G. The Council shall prepare, in conjunction with Michigan Rehabilitation Services, a resource plan for the provision of resources, including staff and personnel, as may be necessary and sufficient to carry out the functions of the Council under this Order. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the resource plan.

H. To the extent that there is a disagreement between the Council and Michigan Rehabilitation Services regarding the resources necessary to carry out the functions of the Council under this Order, the disagreement shall be resolved by the Governor consistent with Section IV.H.

I. The Council shall, consistent with applicable Michigan law and rules of the Civil Service Commission, supervise and evaluate staff and personnel as may be necessary to carry out the functions of the Council under this Order.

J. While assisting the Council in carrying out its duties under this Order, staff and other personnel shall not be assigned duties by Michigan Rehabilitation Services or any other state department, agency, or office that would create a conflict of interest under Michigan law.

K. Subject to applicable law, the Council may use funds allocated to the Council by Michigan Rehabilitation Services under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 753a, except for funds appropriated to carry out the client assistance program under Section 112 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 732, and funds reserved under Section 110(c) of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 730(c), to carry out Sections 120 to 124 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 720 to 744, to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties, including child care and personal assistance services, and to pay compensation to a member of the Council, if the member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.

L. The Council may hire or retain 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 Council deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

M. The Council may enter into agreements with state departments and agencies to assist the Council in the performance of its duties and responsibilities under this Order.

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

O. All state departments and agencies shall cooperate with the Council in the performance of its duties and responsibilities under this Order. The Council may request, and state departments and agencies shall provide, information and assistance as the Council requires in the performance of its duties and responsibilities under this Order.

V. MISCELLANEOUS

A. Executive Order 1994-20 is rescinded in its entirety.

B. Any rules, orders, contracts, and agreements related to the Council lawfully in effect prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

E. This Order is effective on Tuesday, January 15, 2008, at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 20th day of December, in the year of our Lord, two thousand and seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received December 20, 2007 and read:

EXECUTIVE ORDER

No. 2007 49

MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL

EXECUTIVE OFFICE OF THE GOVERNOR

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that the Governor shall take care that the laws be faithfully executed;

WHEREAS, many Michigan residents have one or more physical or mental disabilities;

WHEREAS, under Section 705 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796d, tobe eligible to receive federal assistance under Sections 701 to 741 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796 to 796i, a state must establish a statewide independent living council, which may not be established as an entity within a state agency;

WHEREAS, reestablishment of the Michigan Statewide Independent Living Council previously organized under Executive Order 1994-23 is necessary to appropriately reflect the current organizational structure of state government and to comply with federal law;

WHEREAS, reestablishment of the Michigan Statewide Independent Living Council will improve working relationships among state independent living rehabilitation service programs, centers for independent living, the Michigan Statewide Independent Living Council, vocational rehabilitation programs, and other federally-funded programs;

I. DEFINITIONS

A. "Center for independent living" means that phrase as defined under Section 702 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796a.

B. "Commission for the Blind" means the commission created under Section 2 of 1978 PA 260, MCL 393.352, transferred to the Family Independence Agency under Executive Order 1996-2, MCL 445.2001, and transferred to the Department of Labor and Economic Growth under Executive Order 2003-18, MCL 445.2011.

C. "Council" means the Michigan Statewide Independent Living Council created within the Executive Office of the Governor by this Order.

D. "Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order1996-2, MCL 445.2001, and Executive Order 2003-18, MCL 445.2011.

E. "Disability" means that term as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

F. "Independent living services" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

G. "Individual with a disability" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

H. "Individuals with disabilities" means more than one individual with a disability.

I. "Michigan Rehabilitation Services" means the bureau within the Department of Labor and Economic Growth that serves as the state general rehabilitation agency for individuals with disabilities, except those who are blind, and that is responsible for administration of the vocational rehabilitation program under the Rehabilitation Act of 1964, 1964 PA 232, MCL 395.81 to 395.90.

J. "Personal assistance services" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

K. "State Plan" means the state plan for independent living jointly developed, signed, and submitted by the Council, in conjunction with the Commission for the Blind and Michigan Rehabilitation Services, as required by Section 704 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796c.

II. CREATION OF MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL

A. The Michigan Statewide Independent Living Council is created within the Executive Office of the Governor.

B. The Council shall include members that provide statewide representation, represent a broad range of individuals with disabilities from diverse backgrounds, and are knowledgeable about centers for independent living and independent living services. A majority of the voting members of the Council shall be individuals with disabilities and shall not be employed by any state agency or center for independent living.

C. The Council shall include the following voting members appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities:

1. One director of a center for independent living nominated by a majority of the directors of centers for independent living within this state.

2. The director of any project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grants to the governing bodies of an Indian tribe located on a federal or state reservation, or to a consortium of tribal governing bodies, or the director's designated representative.

3. One individual representing parents or guardians of individuals with disabilities.

4. One individual representing advocates of, and for, individuals with disabilities.

5. One individual representing organizations that provide services for individuals with disabilities, including, but not limited to, private businesses.

6. Ten other residents of this state.

D. In addition to the voting members of the Council appointed under Section II.C, the Council shall include the following non-voting ex officio members:

1. The Director of the Department of Community Health, or his or her designee from within the Department of Community Health.

2. The Director of the Department of Human Services, or his or her designee from within the Department of Human Services.

3. The Director of the Department of Labor and Economic Growth, or his or her designee from within the Department of Labor and Economic Growth.

4. The Superintendent of Public Instruction, or his or her designee within the Department of Education.

5. The Executive Director of the Michigan State Housing Development Authority, or his or her designee from within the Michigan State Housing Development Authority.

6. The Director of the Commission for the Blind.

7. The Bureau Director of Michigan Rehabilitation Services.

E. Of the members of the Council initially appointed by the Governor under Section II.C, 5 members shall be appointedfor a term expiring on December 31, 2008, 5 members shall be appointed for a term expiring on December 31, 2009, and the remaining members shall be appointed for a term expiring on December 31, 2010. After the initial appointments, members shall be appointed for a term of 3 years.

G. No member of the Council appointed by the Governor under Section II.C may serve more than two consecutive full terms.

III. CHARGE TO THE COUNCIL

A. The Council shall do all of the following:

1. Jointly develop and sign, in conjunction with the Commission for the Blind and Michigan Rehabilitation Services, the State Plan in compliance with Section 704 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29USC 796c.

2. Monitor, review, and evaluate the implementation of the State Plan.

3. Coordinate activities with the Michigan Rehabilitation Council created under Executive Order 2007-48, the Michigan Interagency Coordinating Council for Infants and Toddlers with Developmental Disabilities created under Executive Order 2007-43, the Michigan Developmental Disabilities Council created under Executive Order 2006-12, the Michigan Commission on Disability Concerns created by Executive Order 1995-11, and any other state councils or entities that address the needs of specific disability populations and issues in Michigan under other federal law.

4. Ensure that all regularly scheduled meetings of the Statewide Independent Living Council are open to the public and that sufficient advance notice is provided.

5. Submit to the United States Secretary of Education reports as the Secretary may reasonably request. Keep records, and provide access to the records, as the Secretary finds necessary to verify the reports. Copies of any reports submitted under this paragraph shall be transmitted to the Governor and the members of the Council appointed under Section II.D.1 to II.D.5.

6. Perform other functions related to the Council's responsibilities as requested by the Governor.

IV. OPERATIONS OF THE COUNCIL

B. The Council shall adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations.

C. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.

D. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of the voting members of the Council serving.

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

F. The Council shall hold hearings and forums as the Council determines necessary to carry out the duties of the Council.

G. The Department of Labor and Economic Growth, the Commission for the Blind, and Michigan Rehabilitation Services may provide staff support for the Council as requested by the Council or the Governor.

H. The Council shall prepare, in conjunction with Michigan Rehabilitation Services, a resource plan for the provision of resources, including staff and personnel, as may be necessary and sufficient to carry out the functions of the Council, with funds made available under Sections 701 to 741 of the Rehabilitation Act of 1973, Public Law 93-112, 29 USC 796 to 796i, under Section 110 of Rehabilitation Act of 1973, Public Law 93-112, 29 USC 730, consistent with Section101(a)(18) of the Rehabilitation Act of 1973, Public Law 93-112, 29 USC 721(a)(18), and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the resource plan.

I. The Council shall, consistent with applicable Michigan law and rules of the Civil Service Commission, supervise and evaluate staff and personnel performing duties for the Council under the resource plan adopted under Section IV.H as may be necessary to carry out the functions of the Council under this Order.

J. While assisting the Council in carrying out its duties, staff and other personnel performing duties pursuant to the resource plan adopted under Section IV.H shall not be assigned duties by Michigan Rehabilitation Services or any other agency or office of this state that would create a conflict of interest.

K. Subject to applicable law, the Council may use resources available under the resource plan adopted under Section IV.H to do any of the following:

1. Reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties, including, but not limited to, child care and personal assistance services.

2. Pay compensation to a member of the Council, if the member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.

M. The Council may enter into agreements with state departments and agencies to assist the Council in the performance of its duties and responsibilities under this Order.

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

V. MISCELLANEOUS

A. Executive Order 1994-23 is rescinded. Executive Order 1994-21, which was rescinded by Executive Order 1994-23, remains rescinded.

B. Any rules, orders, contracts, and agreements related to the Council lawfully in effect prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

E. This Order is effective on Tuesday, January 15, 2008, at 12:01 a.m.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 20th day of December, in the year of our Lord, two thousand and seven.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

Date: December 20, 2007

Time: 9:01 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4550 (Public Act No. 151), 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 16b of chapter XVII (MCL 777.16b), as amended by 2006 PA 518.

(Filed with the Secretary of State December 20, 2007, at 10:54 a.m.)

Date: December 20, 2007

Time: 9:03 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4551 (Public Act No. 152), being

An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify, and add to the statutes relating tocrimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 50 (MCL 750.50), as amended by 1998 PA 405.

(Filed with the Secretary of State December 20, 2007, at 10:56 a.m.)

Date: December 20, 2007

Time: 9:48 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5138 (Public Act No. 153, I.E.), being

An act to amend 2000 PA 161, entitled "An act to create the Michigan education savings program; to provide for education savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies," by amending sections 2, 3, 4, 5, 7, 9, 11, 12, and 15 (MCL 390.1472, 390.1473, 390.1474, 390.1475, 390.1477, 390.1479, 390.1481, 390.1482, and 390.1485), sections 2, 7, and 9 as amended by 2004 PA 387 and section 3 as amended by 2001 PA 215.

(Filed with the Secretary of State December 20, 2007, at 10:58 a.m.)

Date: December 20, 2007

Time: 9:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5139 (Public Act No. 154, 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 2007 PA 94.

(Filed with the Secretary of State December 20, 2007, at 11:00 a.m.)

Date: December 20, 2007

Time: 6:22 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4399 (Public Act No. 160, 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 provide for the levy of taxes against certain health facilities or agencies; 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," (MCL 333.1101 to 333.25211) by adding section 5485.

(Filed with the Secretary of State December 21, 2007, at 11:10 a.m.)

Date: December 20, 2007

Time: 6:24 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4132 (Public Act No. 161, I.E.), being

(Filed with the Secretary of State December 21, 2007, at 11:12 a.m.)

Date: December 20, 2007

Time: 6:26 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4936 (Public Act No. 162, I.E.), being

(Filed with the Secretary of State December 21, 2007, at 11:14 a.m.)

Date: December 20, 2007

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. 5354 (Public Act No. 166, 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 provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 16315 (MCL 333.16315), as amended by 2001 PA 232.

(Filed with the Secretary of State December 21, 2007, at 11:22 a.m.)

Date: December 20, 2007

Time: 7:18 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5484 (Public Act No. 183, I.E.), being

An act to amend 1984 PA 431, entitled "An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 268, 350d, and 367b (MCL 18.1268, 18.1350d, and 18.1367b), section 268 as added by 1988 PA 237, section 350d as added by 1988 PA 504, and section 367b as amended by 1999 PA 8.

(Filed with the Secretary of State December 21, 2007, at 11:56 a.m.)

Date: December 20, 2007

Time: 7:20 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5485 (Public Act No. 184, I.E.), being

An act to amend 1984 PA 385, entitled "An act to provide for the establishment of technology park districts in local governmental units; to provide certain facilities located in technology park districts an exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain state agencies and officers and certain officers of local governmental units; and to provide remedies and penalties," by amending section 12 (MCL 207.712), as amended by 2004 PA 321.

(Filed with the Secretary of State December 21, 2007, at 11:58 a.m.)

Date: December 20, 2007

Time: 7:22 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5487 (Public Act No. 185, I.E.), being

An act to amend 1933 (Ex Sess) PA 18, entitled "An act to authorize any city, village, township, or county to purchase, acquire, construct, maintain, operate, improve, extend, and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace, health, safety, morals, or welfare; and for any such purposes to authorize any such city, village, township, or county to create a commission with power to effectuate said purposes, and to prescribe the powers and duties of such commission and of such city, village, township, or county; and for any such purposes to authorize any such commission, city, village, township, or county to issue notes and revenue bonds; to regulate the issuance, sale, retirement, and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects; to provide for condemnation of private property for such projects; to confer certain powers upon such commissions, cities, villages, townships, and counties in relation to such projects, including the power to receive aid and cooperation of the federal government; to provide for a referendum thereon; to provide for cooperative financing by 2 or more commissions, cities, villages, townships, or counties or any combination thereof; to provide for the issuance, sale, and retirement of revenue bonds and special obligation notes for such purposes; to provide for financing agreements between cooperating borrowers; to provide for other matters relative to the bonds and notes and methods of cooperative financing; for other purposes; and to prescribe penalties and provide remedies," by amending section 1 (MCL 125.651), as amended by 1996 PA 338.

(Filed with the Secretary of State December 21, 2007, at 12:00 p.m.)

Date: December 20, 2007

Time: 7:24 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5488 (Public Act No. 186, I.E.), being

An act to amend 1996 PA 376, entitled "An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials," by amending sections 9 and 10 (MCL 125.2689 and 125.2690), section 10 as amended by 2005 PA 164.

(Filed with the Secretary of State December 21, 2007, at 12:02 p.m.)

Date: December 20, 2007

Time: 7:26 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5489 (Public Act No. 187, 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 224, 440a, 443, 476a, 476b, 1239, 2352, 2954, 3390, and 5208 (MCL 500.224, 500.440a, 500.443, 500.476a, 500.476b, 500.1239, 500.2352, 500.2954, 500.3390, and 500.5208), section 224 as amended by 2001 PA 143, section 440a as added and section 443 as amended by 1990 PA 256, section 476a as amended by 1998 PA 121, sections 476b, 2352, 2954, and 3390 as added by 1987 PA 261, section 1239 as added by 2001 PA 228, and section 5208 as amended by 2002 PA 146.

(Filed with the Secretary of State December 21, 2007, at 12:04 p.m.)

Date: December 20, 2007

Time: 7:28 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5491 (Public Act No. 188, I.E.), being

An act to amend 1936 (Ex Sess) PA 1, entitled "An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 19 (MCL 421.19), as amended by 2002 PA 192.

(Filed with the Secretary of State December 21, 2007, at 12:06 p.m.)

Date: December 20, 2007

Time: 7:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5492 (Public Act No. 189, I.E.), being

An act to amend 2002 PA 593, entitled "An act to create and provide for the operation of the Michigan next energy authority; to provide for the powers and duties of the authority; to promote alternative energy technology and economic growth; and to exempt property of an authority from tax," by amending section 5 (MCL 207.825).

(Filed with the Secretary of State December 21, 2007, at 12:08 p.m.)

Date: December 20, 2007

Time: 7:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5493 (Public Act No. 190, I.E.), being

An act to amend 1969 PA 317, entitled "An act to revise and consolidate the laws relating to worker's disability compensation; to increase the administrative efficiency of the adjudicative processes of the worker's compensation system; to improve the qualifications of the persons having adjudicative functions within the worker's compensation system; to prescribe certain powers and duties; to create the board of worker's compensation magistrates and the worker's compensation appellate commission; to create certain other boards; to provide certain procedures for the resolution of claims, including mediation and arbitration; to prescribe certain benefits for persons suffering a personal injury under the act; to prescribe certain limitations on obtaining benefits under the act; to create, and provide for the transfer of, certain funds; to prescribe certain fees; to prescribe certain remedies and penalties; to repeal certain parts of this act on specific dates; and to repeal certain acts and parts of acts," by amending sections 352 and 391 (MCL 418.352 and 418.391), as amended by 1984 PA 46.

(Filed with the Secretary of State December 21, 2007, at 12:10 p.m.)

Date: December 20, 2007

Time: 7:34 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5494 (Public Act No. 191, I.E.), 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 sections 7hh and 8a (MCL 211.7hh and 211.8a), section 7hh as added by 2004 PA 252 and section 8a as amended by 1998 PA 537.

(Filed with the Secretary of State December 21, 2007, at 12:12 p.m.)

Date: December 20, 2007

Time: 7:36 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5496 (Public Act No. 192, I.E.), being

An act to amend 1953 PA 189, entitled "An act to provide for the taxation of lessees and users of tax-exempt property," by amending section 1a (MCL 211.181a), as added by 2004 PA 324.

(Filed with the Secretary of State December 21, 2007, at 12:14 p.m.)

Date: December 20, 2007

Time: 7:38 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5497 (Public Act No. 193, I.E.), being

An act to amend 2000 PA 146, entitled "An act to provide for the establishment of obsolete property rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local government officials; and to provide penalties," by amending section 10 (MCL 125.2790), as amended by 2004 PA 251.

(Filed with the Secretary of State December 21, 2007, at 12:16 p.m.)

Date: December 20, 2007

Time: 7:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5193 (Public Act No. 194, I.E.), being

An act 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 this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; 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 sections 22, 30b, and 30c (MCL 205.22, 205.30b, and 205.30c), section 22 as amended by 1993 PA 13, section 30b as added by 1986 PA 58, and section 30c as amended by 2002 PA 616.

(Filed with the Secretary of State December 21, 2007, at 12:18 p.m.)

Date: December 20, 2007

Time: 6:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4869 (Public Act No. 196), being

An act to amend 2004 PA 403, entitled "An act to regulate certain forms of boxing; to create certain commissions and to provide certain powers and duties for certain state agencies and departments; to license and regulate certain persons engaged in boxing, certain persons connected to the business of boxing, and certain persons conducting certain contests and exhibitions; to confer immunity under certain circumstances; to provide for the conducting of certain tests; to assess certain fees; to create certain funds; to promulgate rules; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending sections 1, 10, 11, 12, 20, 21, 22, 31, 32, 33, 34, 35, 47, 48, 51, 53, 54, 55, 56, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3631, 338.3632, 338.3633, 338.3634, 338.3635, 338.3647, 338.3648, 338.3651, 338.3653, 338.3654, 338.3655, 338.3656, 338.3657, and 338.3658), sections 11, 31, 33, 34, 47, 48, and 54 as amended by 2005 PA 49.

(Filed with the Secretary of State December 21, 2007, at 2:59 p.m.)

Date: December 20, 2007

Time: 6:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4870 (Public Act No. 197), 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 and remedies; to provide for restitution under certain circumstances;to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 447 (MCL 750.447), as amended by 2004 PA 404.

(Filed with the Secretary of State December 21, 2007, at 3:01 p.m.)

Date: December 20, 2007

Time: 6:38 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5449 (Public Act No. 198, I.E.), being

An act to amend 1980 PA 243, entitled "An act to provide emergency financial assistance for certain municipalities; to create a local emergency financial assistance loan board and to prescribe the powers and duties of this board; to prescribe conditions for granting and receiving loans, to prescribe terms and conditions for the repayment of loans, and to allow the limiting of repayment by a county from specified revenue sources; to impose certain requirements and duties on certain state departments, municipalities of this state, and officials of the state and municipalities of this state; and to prescribe remedies and penalties," by amending sections 4 and 5 (MCL 141.934 and 141.935), section 4 as amended by 2002 PA 405 and section 5 as amended by 1987 PA 282.

(Filed with the Secretary of State December 21, 2007, at 3:03 p.m.)

Date: December 20, 2007

Time: 6:48 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4979 (Public Act No. 199, 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, local 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 sections 1g and 9a (MCL 247.651g and 247.659a), section 1g as added by 1997 PA 79 and section 9a as amended by 2002 PA 499.

(Filed with the Secretary of State December 21, 2007, at 3:05 p.m.)

Communications from State Officers

The following communication from the Department of Natural Resources was received and read:

December 12, 2007

I am writing to inform you of grant awards to be made under the 2008 Arbor Day Mini Grant program.

The Department of Natural Resources Urban and Community Forestry program provides assistance for urban and community forestry projects throughout the State. Established with funding from the United States Department of Agriculture, Forest Service, the Arbor Day Mini Grant program assists Michigan communities and schools with Arbor Day celebrations. Grant recipients will receive up to $200 in matching grant funds for planting trees on public lands, hosting an Arbor Day celebration, or purchasing natural resource related library materials.

Under this grant program, 53 applications were received, and 50 projects totaling $9,865 were approved. The list of projects approved for funding is enclosed.

If you have questions regarding the Arbor Day Mini Grant program, or the projects that were approved for funding, please contact Ms. Kerry Gray, Emerald Ash Borer Restoration Coordinator, at 517-241-1833, or you may contact me.

Sincerely,

Rebecca A. Humphries

Director

517-373-2329

The communication was referred to the Clerk.

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

Notice of Filing

Administrative Rules

December 19, 2007

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 Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:09 P.M. this date, administrative rule (07-12-04) for the Department of Labor and Economic Growth, Public Service Commission, Entitled "Telecommunications Basic Local Exchange Service Quality" These rules take effect 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communication was referred to the Clerk

Announcements by the Clerk

December 12, 2007

Received from the Auditor General a copy of the Comprehensive Annual Financial Report of the Bureau of State Lottery for the fiscal years ended September 30, 2007 and 2006.

Richard J. Brown

Clerk of the House

By unanimous consent the House returned to the order of

Messages from the Senate

The Honorable Andy Dillon

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

______

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 Speaker Pro Tempore declared the House adjourned without day.

RICHARD J. BROWN

Clerk of the House of Representatives