No. 68

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

Nays--0

In The Chair: Birkholz

The House agreed to the title as amended.

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

______

Rep. Rison entered the House Chambers.

Second Reading of Bills

House Bill No. 4708, entitled

House Bill No. 4711, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411 (MCL 750.411).

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Criminal Law and Corrections (for amendments, see House Journal No. 67, p. 1938),

The amendments were adopted, a majority of the members serving voting therefor.

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

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

House Bill No. 4712, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 916 and 2950b (MCL 600.916 and 600.2950b), section 2950b as amended by 1994 PA 403, and by adding section 2950c.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Law and Corrections (for amendment, see House Journal No. 67, p. 1938),

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 4, line 6, after "VIOLENCE" by inserting "VICTIM".

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

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

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

House Bill No. 4713, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 81 and 81a (MCL 750.81 and 750.81a), section 81 as amended by 1994 PA 64 and section 81a as amended by 1994 PA 65.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Law and Corrections (for amendment, see House Journal No. 67, p. 1938),

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

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

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

House Bill No. 4714, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 36 (MCL 791.236), as amended by 1998 PA 315.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Law and Corrections (for amendment, see House Journal No. 67, p. 1939),

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

Rep. Callahan moved to amend the bill as follows:

1. Amend page 5, line 17, after "DEPARTMENT" by striking out "IMMEDIATELY" and inserting "WITHIN 72 HOURS".

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

Rep. Richner moved that consideration of the bill be postponed temporarily.

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Cherry, Minore, Hansen, Hager, Kelly, Vear, Spade, Julian, Ehardt, DeHart, Bovin, Switalski, Lemmons, LaSata, DeRossett, Faunce, Hardman, Hale, Hanley, Raczkowski, Birkholz, Jamnick, Schauer, Neumann, Lockwood, Tesanovich, Brater, Martinez, DeWeese, Baird, Vaughn, Green, Toy, Clark, Prusi, Rivet, Gieleghem, Dennis, Woodward, Wojno, Frank, Richner and Jacobs offered the following resolution:

House Resolution No. 201.

A resolution to establish and celebrate Patient Appreciation Day on the third Tuesday of each October.

Whereas, The key to the privilege of being a physician is having patients; and

Whereas, Without trust between patients and doctors, there would be no interaction between doctors and patients; and

Whereas, Without the trust between doctors and patients there would be no medical profession; and

Whereas, Patient's sacred trust in physicians is a powerful and humbling privilege; and

Whereas, Doctors rarely, if ever, take the time to thank their patients for placing their lives in the hands of the physician; now, therefore, be it

Resolved by the House of Representatives, That we establish the third Tuesday of each October as Patient Appreciation Day; and be it further

Resolved, That copies of this resolution be transmitted to the Genesee County Medical Society.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reps. Clark, Hansen, Hager, Kelly, Vear, Vander Roest, Spade, Julian, Ehardt, DeHart, Bovin, Switalski, Lemmons, LaSata, DeRossett, Van Woerkom, Faunce, Hardman, Reeves, Hale, Scranton, Hanley, Raczkowski, Birkholz, Jamnick, Schauer, Neumann, Lockwood, Tesanovich, Brater, Martinez, DeWeese, Baird, Vaughn, Green, Toy, Garcia, Caul, Cherry, Prusi, Rivet, Minore, Gieleghem, Dennis, Woodward, Wojno, Frank, Richner and Jacobs offered the following resolution:

House Resolution No. 202.

A resolution proclaiming October to be SIDS Awareness Month.

Whereas, Sudden Infant Death Syndrome is the leading cause of death among infants one month to one year of age; and

Whereas, Research has shown that there are steps caregivers can take to reduce the risk of SIDS; and

Whereas, Michigan launched the risk reduction campaign, "Back to Sleep", resulting in a 43% overall decline in SIDS rates since 1994; and

Whereas, Despite the success of the "Back to Sleep" campaign, Michigan's SIDS rate is four times higher for African-American infants than white infants; and

Whereas, The Michigan SIDS Alliance and the Michigan Department of Community Health have joined as partners to create a culturally competent, community based "Back to Sleep" campaign focused on Detroit; and

Whereas, The campaign will be introduced at the Charles H. Wright Museum of African-American History on October 13, 1999; now, therefore, be it

Resolved by the House of Representatives, That this legislative body proclaim October to be SIDS awareness month.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reports of Standing Committees

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 554, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 248 (MCL 257.248), as amended by 1998 PA 384.

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

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

Favorable Roll Call

SB 554 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Bovin, Brewer, Jamnick, Lemmons,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, October 12, 1999, at 3:55 p.m.,

Present: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Bovin, Brewer, Jamnick, Lemmons, Reeves,

Absent: Reps. Kilpatrick, Schermesser,

Excused: Reps. Kilpatrick, Schermesser.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 13, 1999, at 9:00 a.m.,

Present: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Hardman, Spade.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kuipers, Vice-Chair of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Wednesday, October 13, 1999, at 9:00 a.m.,

Present: Reps. Gosselin, Kuipers, DeWeese, Raczkowski, Dennis, Switalski,

Absent: Rep. LaForge,

Excused: Rep. LaForge.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 13, 1999, at 9:00 a.m.,

Present: Reps. Sanborn, Bisbee, Bishop, DeVuyst, Ehardt, Hager, Julian, Law, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Thomas,

Absent: Reps. Rick Johnson, Scott,

Excused: Reps. Rick Johnson, Scott.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 13, 1999, at 10:30 a.m.,

Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Thomas, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward.