No. 25

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, March 12, 1998.

10:00 a.m.

The House was called to order by the Speaker.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--excused

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--excused

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--excused

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Hammerstrom, from the 55th District, offered the following invocation:

"Dear Heavenly Father, thank You once again for allowing each of us to awaken to another beautiful day that You have created. As we come together this morning to debate the issues of state, let us remember that each of us is one of Your children and while opinions may vary and emotions run high today, let us afford one another the dignity and respect worthy of that designation. Give us the strength and wisdom to reach decisions that are pleasing to You and in the best interest of the citizens of our great state. And as we leave the chamber today, Dear Father, please be with each of us and provide us safe journey to our homes and families. In Thy Holy Name we pray. Amen."

______

Rep. Dobronski moved that Rep. Parks be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Rep. McManus be excused from today's session.

The motion prevailed.

Notices

March 12, 1998

In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5474, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending the title and sections 16221 and 16226 (MCL 333.16221 and 333.16226), the title as amended by 1994 PA 170 and sections 16221 and 16226 as amended by 1996 PA 273, and by adding part 56b; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

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

Rep. Gagliardi 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. 5474, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending the title and sections 16221 and 16226 (MCL 333.16221 and 333.16226), the title as amended by 1994 PA 170 and sections 16221 and 16226 as amended by 1996 PA 273, and by adding part 56b; and to repeal acts and parts of acts.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Owen moved to amend the bill as follows:

1. Amend page 47, following line 8, by inserting:

"Enacting section 3. This amendatory act does not take effect unless House Joint Resolution M is submitted to the qualified electors of the state at the general election to be held November 3, 1998.".

The motion was seconded.

The question being on the adoption of the amendment offered by Rep. Owen,

Rep. Owen withdrew the amendment.

Reps. Wallace and Agee moved to amend the bill as follows:

1. Amend page 46, following line 25, by inserting:

"SEC. 20165A. (1) A PERSON WHO KNOWS THAT AN INDIVIDUAL INTENDS TO KILL HIMSELF OR HERSELF AND DOES ANY OF THE FOLLOWING WITH THE INTENT TO ASSIST THE INDIVIDUAL IN KILLING HIMSELF OR HERSELF IS GUILTY OF CRIMINAL ASSISTANCE TO THE KILLING OF AN INDIVIDUAL, A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH:

(A) PROVIDES THE MEANS BY WHICH THE INDIVIDUAL ATTEMPTS TO KILL HIMSELF OR HERSELF OR KILLS HIMSELF OR HERSELF.

(B) PARTICIPATES IN AN ACT BY WHICH THE INDIVIDUAL ATTEMPTS TO KILL HIMSELF OR HERSELF OR KILLS HIMSELF OR HERSELF.

(C) HELPS THE INDIVIDUAL PLAN TO ATTEMPT TO KILL HIMSELF OR HERSELF OR TO KILL HIMSELF OR HERSELF.

(2) THIS SECTION DOES NOT APPLY TO WITHHOLDING OR WITHDRAWING MEDICAL TREATMENT.".

2. Amend page 47, following line 8, by inserting:

"Enacting section 3. Section 20165A is repealed effective December 1, 1998.".

The motion was seconded.

The question being on the adoption of the amendments offered by Reps. Wallace and Agee,

Rep. Agee demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Wallace and Agee,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 154 Yeas--42

Agee Dobb Hertel Rison

Anthony Dobronski Hood Schauer

Baird Emerson LaForge Schroer

Bankes Freeman Leland Scott

Bobier Galloway Martinez Scranton

Brater Gilmer Murphy Tesanovich

Brewer Gire Price Thomas

Cherry Godchaux Profit Vaughn

Crissman Gubow Prusi Wallace

Curtis Hale Quarles Willard

DeHart Hanley

Nays--64

Alley Frank Kelly Oxender

Baade Gagliardi Kukuk Palamara

Basham Geiger Law Perricone

Birkholz Gernaat LeTarte Raczkowski

Bodem Goschka Llewellyn Rhead

Bogardus Green London Richner

Brackenridge Griffin Lowe Rocca

Brown Gustafson Mans Sanborn

Byl Hammerstrom Mathieu Schermesser

Callahan Harder McBryde Sikkema

Cassis Horton McNutt Stallworth

Ciaramitaro Jansen Middaugh Voorhees

Cropsey Jelinek Middleton Walberg

Dalman Jellema Nye Wetters

DeVuyst Johnson Olshove Whyman

Fitzgerald Kaza Owen Wojno

In The Chair: Hertel

The question being on the passage of the bill,

After debate,

Rep. Griffin demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 155 Yeas--38

Agee Dobronski Hertel Schauer

Anthony Emerson Hood Schroer

Bobier Freeman LaForge Scott

Bogardus Galloway Leland Scranton

Brater Gilmer Martinez Stallworth

Brewer Gire Murphy Thomas

Cherry Godchaux Price Vaughn

Crissman Gubow Prusi Wallace

DeHart Hale Quarles Willard

Dobb Hanley

Nays--69

Alley Frank Kukuk Perricone

Baade Gagliardi Law Profit

Baird Geiger LeTarte Raczkowski

Bankes Gernaat Llewellyn Rhead

Basham Goschka London Richner

Birkholz Green Lowe Rison

Bodem Griffin Mans Rocca

Brackenridge Gustafson Mathieu Sanborn

Brown Hammerstrom McBryde Schermesser

Byl Harder McNutt Sikkema

Callahan Horton Middaugh Tesanovich

Cassis Jansen Middleton Varga

Ciaramitaro Jelinek Nye Voorhees

Cropsey Jellema Olshove Walberg

Curtis Johnson Owen Wetters

Dalman Kaza Oxender Whyman

DeVuyst Kelly Palamara Wojno

Fitzgerald

In The Chair: Hertel

Rep. Wallace moved to reconsider the vote by which the House did not pass the bill.

The question being on the motion by Rep. Wallace,

Rep. Wallace moved that consideration of the motion be postponed for the day.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 200, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 329a.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 6, p. 91),

Rep. Ciaramitaro demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 156 Yeas--44

Agee DeHart Hanley Rison

Anthony Dobb Hertel Schauer

Baird Dobronski Hood Schroer

Bankes Emerson LaForge Scott

Bobier Freeman Leland Scranton

Bogardus Galloway Martinez Tesanovich

Brater Gilmer Middleton Thomas

Brewer Gire Murphy Vaughn

Cherry Godchaux Price Wallace

Crissman Gubow Prusi Wetters

Curtis Hale Quarles Willard

Nays--62

Alley Geiger Law Perricone

Baade Gernaat LeTarte Profit

Basham Goschka Llewellyn Raczkowski

Birkholz Green London Rhead

Bodem Griffin Lowe Richner

Brackenridge Gustafson Mans Rocca

Byl Hammerstrom Mathieu Sanborn

Callahan Harder McBryde Schermesser

Cassis Horton McNutt Sikkema

Ciaramitaro Jansen Middaugh Stallworth

Cropsey Jelinek Nye Varga

Dalman Jellema Olshove Voorhees

DeVuyst Johnson Owen Walberg

Fitzgerald Kaza Oxender Whyman

Frank Kelly Palamara Wojno

Gagliardi Kukuk

In The Chair: Hertel

Rep. Nye moved to amend the bill as follows:

1. Amend page 2, following line 4, by inserting:

"Enacting section 1. This amendatory act takes effect June 1, 1998.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Ciaramitaro moved to amend the bill as follows:

1. Amend page 2, following line 4, by inserting:

"(3) THIS SECTION DOES NOT PROHIBIT A PROSECUTION UNDER THE COMMON LAW OFFENSE OF ASSISTING IN A SUICIDE, BUT A PERSON SHALL NOT BE CONVICTED UNDER BOTH THIS SECTION AND THAT COMMON LAW OFFENSE FOR CONDUCT ARISING OUT OF THE SAME TRANSACTION.".

The question being on the adoption of the amendment offered by Rep. Ciaramitaro,

Rep. Gubow demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Ciaramitaro,

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

Roll Call No. 157 Yeas--67

Alley Fitzgerald Kelly Palamara

Baade Frank Kukuk Perricone

Basham Gagliardi Law Profit

Birkholz Geiger LeTarte Raczkowski

Bodem Gernaat Llewellyn Rhead

Brackenridge Goschka London Richner

Brown Green Lowe Rocca

Byl Griffin Mans Sanborn

Callahan Gustafson Mathieu Schauer

Cassis Hammerstrom McBryde Schermesser

Cherry Harder McNutt Sikkema

Ciaramitaro Horton Middaugh Voorhees

Cropsey Jansen Middleton Walberg

Curtis Jelinek Nye Wetters

Dalman Jellema Olshove Whyman

DeVuyst Johnson Owen Wojno

Emerson Kaza Oxender

Nays--40

Agee Dobb Hertel Schroer

Anthony Dobronski Hood Scott

Baird Freeman LaForge Scranton

Bankes Galloway Leland Stallworth

Bobier Gilmer Martinez Tesanovich

Bogardus Gire Murphy Thomas

Brater Godchaux Price Varga

Brewer Gubow Prusi Vaughn

Crissman Hale Quarles Wallace

DeHart Hanley Rison Willard

In The Chair: Hertel

______

The Speaker called Acting Speaker Hanley to the Chair.

Rep. Crissman moved to amend the bill as follows:

1. Amend page 2, following line 4, following subsection (3), by inserting:

"(4) THIS SECTION DOES NOT APPLY TO A PHYSICIAN LICENSED UNDER PART 170 OR 175 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.17001 TO 333.17084 AND 333.17501 TO 333.17556 WHO PRESCRIBES, DISPENSES, OR ADMINISTERS MEDICATION TO AN INDIVIDUAL WITH THE INTENT TO RELIEVE THAT INDIVIDUAL'S PAIN OR DISCOMFORT AND NOT TO CAUSE DEATH IF ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED:

(A) THE PHYSICIAN'S ACTIONS ARE WITHIN THE SCOPE AND RECOGNIZED STANDARDS OF PRACTICE OF THE PHYSICIAN'S LICENSE.

(B) IF APPLICABLE, THE PHYSICIAN HAS A CONTROLLED SUBSTANCES LICENSE UNDER ARTICLE 7 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7101 TO 333.7545.

(C) THE PHYSICIAN MAINTAINS A CLINICAL PRACTICE AT A FIXED LOCATION IN THIS STATE.

(D) THE PHYSICIAN HAS AN ESTABLISHED PHYSICIAN-PATIENT RELATIONSHIP WITH THE INDIVIDUAL FOR WHOM THE PHYSICIAN PRESCRIBES, DISPENSES, OR ADMINISTERS THE MEDICATION.

(E) THE PHYSICIAN PROVIDED MEDICAL CONSULTATION AND TREATMENT FOR THE DISEASE, SYMPTOM, OR CONDITION RESULTING IN THE INDIVIDUAL'S PAIN OR DISCOMFORT.".

The question being on the adoption of the amendment offered by Rep. Crissman,

Rep. Cherry demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Crissman,

After debate,

Rep. Griffin demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the adoption of the amendment offered by Rep. Crissman,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 158 Yeas--49

Agee Dobronski Hood Schermesser

Anthony Emerson LaForge Schroer

Baird Fitzgerald Leland Scott

Bankes Freeman Martinez Scranton

Bobier Galloway Middleton Stallworth

Bogardus Gilmer Murphy Tesanovich

Brater Gire Price Thomas

Brewer Godchaux Profit Varga

Cherry Gubow Prusi Vaughn

Crissman Hale Quarles Wallace

Curtis Hanley Rison Wetters

DeHart Hertel Schauer Willard

Dobb

Nays--57

Alley Gagliardi Kaza Owen

Baade Geiger Kelly Oxender

Basham Gernaat Kukuk Palamara

Birkholz Goschka Law Perricone

Bodem Green LeTarte Raczkowski

Brackenridge Griffin Llewellyn Rhead

Brown Gustafson Lowe Richner

Byl Hammerstrom Mans Rocca

Callahan Harder Mathieu Sanborn

Cassis Horton McBryde Sikkema

Ciaramitaro Jansen McNutt Voorhees

Cropsey Jelinek Middaugh Walberg

Dalman Jellema Nye Whyman

DeVuyst Johnson Olshove Wojno

Frank

In The Chair: Hanley

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

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

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

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

The Speaker resumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 200, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 329a.

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

Roll Call No. 159 Yeas--66

Alley Gagliardi LeTarte Profit

Anthony Geiger Llewellyn Prusi

Baade Gernaat London Raczkowski

Basham Goschka Lowe Rhead

Birkholz Green Mans Richner

Bodem Griffin Mathieu Rison

Brackenridge Hammerstrom McBryde Rocca

Brown Harder McNutt Sanborn

Byl Horton Middaugh Schermesser

Callahan Jansen Middleton Sikkema

Cassis Jelinek Nye Tesanovich

Ciaramitaro Jellema Olshove Voorhees

Cropsey Johnson Owen Walberg

Dalman Kaza Oxender Wetters

DeVuyst Kelly Palamara Whyman

Fitzgerald Kukuk Perricone Wojno

Frank Law

Nays--40

Agee DeHart Hale Schauer

Baird Dobb Hanley Schroer

Bankes Dobronski Hertel Scott

Bobier Emerson Hood Scranton

Bogardus Freeman LaForge Stallworth

Brater Galloway Leland Thomas

Brewer Gilmer Martinez Varga

Cherry Gire Murphy Vaughn

Crissman Godchaux Price Wallace

Curtis Gubow Quarles Willard

In The Chair: Hertel

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

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

The question being on the motion by Rep. Gagliardi,

Rep. Wallace demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 160 Yeas--62

Alley Gernaat LeTarte Perricone

Baade Goschka Llewellyn Profit

Basham Green London Prusi

Birkholz Griffin Lowe Raczkowski

Bodem Gustafson Mans Rhead

Brackenridge Hammerstrom Mathieu Richner

Brown Harder McBryde Rocca

Callahan Horton McNutt Sanborn

Cassis Jansen Middaugh Schermesser

Ciaramitaro Jelinek Middleton Sikkema

Cropsey Jellema Nye Voorhees

DeVuyst Johnson Olshove Walberg

Fitzgerald Kaza Owen Wetters

Frank Kelly Oxender Whyman

Gagliardi Kukuk Palamara Wojno

Geiger Law

Nays--39

Agee DeHart Hale Schauer

Anthony Dobb Hanley Scott

Baird Dobronski Hood Stallworth

Bobier Emerson LaForge Tesanovich

Bogardus Freeman Leland Thomas

Brater Galloway Martinez Varga

Brewer Gilmer Murphy Vaughn

Cherry Gire Price Wallace

Crissman Godchaux Quarles Willard

Curtis Gubow Rison

In The Chair: Hertel

______

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

The motion prevailed.

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, March 17, at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Jelinek, Brackenridge, Hammerstrom, Kukuk, Voorhees, Gernaat, Middaugh, Oxender, Gilmer, DeVuyst, McBryde, Birkholz, Cassis, Richner, Bobier, Raczkowski, Scranton, London, Crissman, Baade, LaForge, McNutt, Fitzgerald, Bodem, Perricone, Baird, Rhead, Vaughn, Jansen, Schauer, Gire, Anthony, Cherry and Green offered the following resolution:

House Resolution No. 233.

A resolution urging the United States Congress to allow the "Organ & Tissue Donation/Share Your Life" postage commemorative stamp to be issued one day early at the United States Post Office in Baroda, Michigan.

Whereas, With an unflagging commitment to the organ donation program, Edward (Sonny) Heyn, along with the efforts of others, petitioned the United States Post Office to recognize the profound effect organ and tissue donation has had on many Americans; and

Whereas, The added time Sonny Heyn gained from receiving a donated kidney gave him more time to spend with his family and friends. Believing strongly in the donor program, Sonny gave much of his valuable time to solicit petition signatures asking the United States Post Office to recognize this program by the issuance of a stamp commemorating organ and tissue donation. Sonny Heyn who, in gratitude and appreciation for receiving a donated kidney, personally collected over 248,945 signatures urging the U.S. Post Office to issue a stamp honoring Organ & Tissue Donor programs and, although he did not live to see the day when the "Organ & Tissue Donation/Share Your Life" stamp was issued, others picked up his cause and eventually over 350,000 names were submitted to the United States Post Office. His belief in this program and his efforts to gain it the recognition it so richly deserves is a true testament of the human spirit; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress to honor Sonny Heyn's wish by granting permission to the United States Post Office to allow the United States Post Office in Baroda, Michigan, where Sonny Heyn is from, to release one day early, the "Organ & Tissue Donation/Share Your Life" stamp; and be it further

Resolved, That copies of this resolution be transmitted to representatives of the United States Post Office and members of the Michigan congressional delegation for action on this matter.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

Reps. Hanley, Frank, Wallace, Freeman, Hertel, Profit, Varga, Baird, Wetters, Schroer, Brater, LaForge, Agee, Baade, Callahan, Wojno, Mans, Hale, Schermesser, Cherry, DeHart, Kelly, Thomas, Scott, Murphy, Ciaramitaro, Palamara, Emerson, Hood, Price, Gire, Stallworth, Gubow, Martinez, Leland, Harder, Dobronski, Olshove, Curtis, Griffin, Brewer, Bogardus, Rison, Quarles, Schauer, Brown, Tesanovich, Prusi, Anthony, Gagliardi, Mathieu, Owen, Willard, Alley, Basham and Vaughn offered the following resolution:

House Resolution No. 234.

A resolution honoring Elizabeth "Liz" Baker, recipient of the Eleanor Roosevelt Award.

Whereas, In grateful recognition of the many personal and professional contributions she has made throughout her life, we are proud to join with the Michigan Democratic Women's Caucus in saluting Elizabeth "Liz" Baker as she is presented with the Eleanor Roosevelt Award. Indeed, this intelligent, caring woman is a source of love and guidance for her family and many others and is a wonderful example to us all; and

Whereas, Liz Baker is one of those special individuals who serves people in a quiet, dignified manner. A woman with so much wisdom, talent and energy to share, she is widely known throughout Michigan for her involvement in education, government and politics. It is evident that she is truly deserving of our genuine respect and praise for the quality of her deeds. She has long been committed to helping others, works for a better world, and enriches the lives of those around her; and

Whereas, An individual with a strong educational background and vast abilities, Liz Baker is a graduate of Talladega College and Michigan State University. After several years as a teacher, Liz worked for the Michigan Education Association where she rose through the ranks to become manager of its Governmental Affairs Division. Now retired, she continues to make a positive impact on those around her. As a member of Zion Missionary Baptist Church, she has enriched her congregation as a soloist, trustee and Dean of Religious Education. Elizabeth Baker is also involved with numerous civic and social organizations. She is a Heritage Member of the NAACP, an officer and member of the Zeta Phi Zeta Sorority, and a life member of the National Association of Legislative and Political Specialists; and

Whereas, With seemingly endless energy, a tireless concern for others, and endless faith, Liz Baker is a wife, mother, grandmother, counselor and friend who has made her Christian principles a driving force in her life. We are delighted she was chosen for this prestigious honor, as she has truly earned it; now, therefore, be it

Resolved by the House of Representatives, That we commend and congratulate Mrs. Elizabeth N. Baker, as she receives the Eleanor Roosevelt Award from the Michigan Democratic Women's Caucus; and be it further

Resolved, That a copy of this resolution be transmitted to Elizabeth N. Baker as a reflection of our admiration.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

Reports of Standing Committees

The Committee on Insurance, by Rep. Gubow, Chair, reported

House Bill No. 5491, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3104a.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5491 To Report Out:

Yeas: Reps. Gubow, Scott, Bogardus, Dobronski, Palamara, Profit, Thomas, Varga, Vaughn, Basham,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 1998, at 3:12 p.m.,

Present: Reps. Gubow, Scott, Bogardus, Dobronski, Palamara, Profit, Thomas, Varga, Vaughn, Basham, Llewellyn, Green, Jelinek, Law, London, Middaugh, Voorhees.

The Committee on Urban Policy and Economic Development, by Rep. Hanley, Chair, reported

House Resolution No. 211.

A resolution to memorialize the Congress of the United States to enact legislation to raise the cap on mortgage revenue bonds.

(For text of resolution, see House Journal No. 11, p. 162.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 211 To Report Out:

Yeas: Reps. Hanley, Schauer, Baird, LaForge, Thomas, Cassis, Byl, Raczkowski, Voorhees,

Nays: None.

The Committee on Urban Policy and Economic Development, by Rep. Hanley, Chair, reported

House Resolution No. 212.

A resolution to memorialize the Congress of the United States to enact legislation to increase the cap on low-income housing credits.

(For text of resolution, see House Journal No. 11, p. 162.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 212 To Report Out:

Yeas: Reps. Hanley, Schauer, Baird, LaForge, Thomas, Cassis, Byl, Raczkowski,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hanley, Chair of the Committee on Urban Policy and Economic Development, was received and read:

Meeting held on: Thursday, March 12, 1998, at 9:00 a.m.,

Present: Reps. Hanley, Schauer, Baird, LaForge, Thomas, Cassis, Byl, Raczkowski, Voorhees.

The Committee on Agriculture, by Rep. Wetters, Chair, reported

House Bill No. 4805, entitled

A bill to designate an official fungus of this state.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4805 To Report Out:

Yeas: Reps. Vaughn, Baade, Bogardus, LaForge, DeVuyst, Gernaat, Jelinek,

Nays: Reps. Wetters, Willard, Green, Horton.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 12, 1998, at 8:30 a.m.,

Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye.

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4765, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 207 (MCL 257.207), as amended by 1996 PA 102.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4765 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 1998, at 3:10 p.m.,

Present: Reps. Leland, Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,

Absent: Rep. Mans,

Excused: Rep. Mans.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Resolution No. 223.

A resolution to urge the Department of Natural Resources to expand the scope and national marketing of the Michigan Natural Resources Magazine.

(For text of resolution, see House Journal No. 21, p. 370.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 223 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt, Walberg,

Nays: None.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Concurrent Resolution No. 88.

A concurrent resolution to urge the Governor to declare a state of disaster for the Ecorse Creek basin communities of Ecorse, Dearborn Heights, Allen Park, Inkster, Taylor, and Westland.

(For text of resolution, see House Journal No. 21, p. 370.)

With the recommendation that the following substitute (H-1) be adopted and that the concurrent resolution then be adopted.

Substitute for House Concurrent Resolution No. 88.

A concurrent resolution to urge the Governor to declare a state of disaster for the Ecorse Creek basin communities of Ecorse, Dearborn Heights, Allen Park, Inkster, Taylor, Lincoln Park, Melvindale, Wayne, and Westland.

Whereas, The communities in the Ecorse Creek basin recently suffered from heavy rains and extensive flooding. The severe flooding caused numerous businesses and schools to close, shut area highways, ruined many basements, and left thousands of people facing serious losses of property. The situation posed a threat to public health through the volume of contaminated water in homes and elsewhere in the affected communities; and

Whereas, In response to the multiple problems facing citizens and businesses, local authorities in the Ecorse Creek basin are working to get state and federal assistance. A key component of any recovery for the lives and property is a declaration of disaster by the Governor. This step can set in motion programs that are needed to help these communities recover from the forces of nature; and

Whereas, Michigan's Emergency Management Act, 1976 PA 390, provides, in MCL § 30.403, that "The governor is responsible for coping with dangers to this state or people of this state presented by a disaster or emergency." The conditions faced by the people of the Ecorse Creek basin area of southeastern Michigan warrant a declaration of disaster; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Governor to declare a state of disaster for the Ecorse Creek basin communities of Ecorse, Dearborn Heights, Allen Park, Inkster, Taylor, Lincoln Park, Melvindale, Wayne, and Westland if the communities meet the requirements of 1976 PA 390; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the Governor.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

HCR 88 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt, Walberg,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Alley, Chair of the Committee on Conservation, Environment and Recreation, was received and read:

Meeting held on: Wednesday, March 11, 1998, at 10:30 a.m.,

Present: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt, Walberg,

Absent: Reps. Kilpatrick, McManus,

Excused: Reps. Kilpatrick, McManus.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 12, 1998, at 8:30 a.m.,

Present: Reps. Freeman, Mans, Agee, Callahan, DeHart, Galloway, Nye, Perricone, Sanborn.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:

Meeting held on: Thursday, March 12, 1998, at 9:30 a.m.,

Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Absent: Rep. Profit,

Excused: Rep. Profit.

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, Tuesday, March 10:

Senate Bill Nos. 997 999 1000 1007

The Clerk announced that the following Senate bills had been received on Thursday, March 12:

Senate Bill Nos. 943 947 949

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5532, entitled

A bill to make certain appropriations for the department of community health for the fiscal year ending September30, 1998; and to provide for the expenditure of those certain appropriations.

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

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

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

Senate Bill No. 862, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21528.

The Senate has passed the bill.

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

Senate Bill No. 942, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57i.

The Senate has passed the bill.

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

Senate Bill No. 943, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57i.

The Senate has passed the bill.

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

Senate Bill No. 947, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 43b.

The Senate has passed the bill.

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

Senate Bill No. 949, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 10c.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Hood introduced

House Bill No. 5669, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 11 (MCL 388.1611), as amended by 1997 PA 142.

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

Rep. Hood introduced

House Bill No. 5670, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), as amended by 1997 PA 142.

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

Rep. Hood introduced

House Bill No. 5671, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.

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

Rep. Hood introduced

House Bill No. 5672, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

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

Rep. Hood introduced

House Bill No. 5673, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

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

Rep. Hood introduced

House Bill No. 5674, entitled

A bill to make appropriations for the state institutions of higher education for the fiscal year ending September 30, 1999; and to provide for the expenditures of the appropriations.

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

Rep. Hood introduced

House Bill No. 5675, entitled

A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of management and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September30, 1999; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

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

Rep. Hood introduced

House Bill No. 5676, entitled

A bill to make appropriations for the department of military affairs and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.

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

Rep. Hood introduced

House Bill No. 5677, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

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

Rep. Hood introduced

House Bill No. 5678, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.

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

Rep. Hood introduced

House Bill No. 5679, entitled

A bill to make appropriations for the state transportation department and certain state purposes from the funds designated in this act for the fiscal year ending September 30, 1999; and to provide for the expenditure of the appropriations.

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

Rep. Hood introduced

House Bill No. 5680, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.

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

Rep. Hood introduced

House Bill No. 5681, entitled

A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 1999; and to provide for the expenditure of the appropriations.

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

Rep. Hood introduced

House Bill No. 5682, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to adult corrections for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by state agencies.

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

Rep. Hood introduced

House Bill No. 5683, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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

Rep. Hood introduced

House Bill No. 5684, entitled

A bill to make appropriations for various state departments and agencies for the fiscal year ending September 30, 1998; and to provide for the expenditure of the appropriations.

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

Rep. Hood introduced

House Bill No. 5685, entitled

A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board.

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

Reps. Baird and Martinez introduced

House Bill No. 5686, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 10111, 10113, 10115, 10117, 10119, 10121, 10123, 10125, 10127, 10129, 10131, 10133, and 10151; and to repeal acts and parts of acts.

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

Reps. Alley, Middaugh, Frank, Varga and Gagliardi introduced

House Bill No. 5687, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending section 304 (MCL 331.1304), as amended by 1988 PA 502.

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

Reps. Wojno, Hale, Kukuk, Olshove, Brown and Goschka introduced

House Bill No. 5688, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 227b (MCL 750.227b), as amended by 1990 PA 321.

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

Reps. Emerson, Agee, Gire, Profit, Kelly, Cherry, Rison, Quarles, Schroer, LaForge, Gubow, Martinez, Willard, Hale and Vaughn introduced

House Bill No. 5689, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1290.

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

Reps. Agee, Emerson, Gire, Profit, Kelly, Cherry, Rison, Quarles, Schroer, LaForge, Gubow, Martinez, Willard, Hale, Scott, Vaughn and Schauer introduced

House Bill No. 5690, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 31c (MCL 388.1631c), as added by 1997 PA 142.

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

Reps. Palamara, Profit, Emerson, Oxender, Quarles, Agee, Gubow, Wallace, Wojno, Hale, Ciaramitaro, Brewer and Voorhees introduced

House Joint Resolution GG, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX and adding section 40 to article IX, to provide for revenue sharing distributions to counties, cities, villages, and townships and to guarantee a certain annual increase in state aid to public schools.

The joint resolution was read a first time by its title and referred to the Committee on Appropriations.

______

Rep. Sanborn moved that the House adjourn.

The motion prevailed, the time being 1:35 p.m.

The Speaker declared the House adjourned until Tuesday, March 17, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.