hj09229t.059

No. 59

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Wednesday, September 22, 1999.

2:00 p.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--excused

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

Kukuk--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--excused

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rev. Dr. Lottie Jones Hood, Pastor of the First Congregational Church of Detroit, offered the following invocation:

"Eternal Father, Mother, God, we come before You now O Lord, acknowledging that on occasion we are sometimes so caught up in the flurry of our daily living--so caught up in the hustle and bustle, the wheeling and dealing, and the quid pro quos--that sometimes, we forget to thank You for the many blessings that You have bestowed upon us. So now, we want to take the time out to just thank You, Eternal God, to thank You for the simple things--things like the fact that: You woke us up this morning, O Lord, with the blood still running warm in our veins; our sheets were not our shrouds, and our bed was not our cooling board, and last night was not our last night; and we woke up clothed in our right mind.

And, Eternal God, we thank You for this Michigan State House of Representatives. We commit them to You today--we deposit them into Your charge. We ask that You guide and direct these elected men and women so that they will always depend on You to assist them in their responsible positions. We ask that You help them to seek the welfare of the whole state and never engage in anything that erodes our rightful freedoms under the Constitution.

Eternal God, we ask that You help them to remember that they are Your children--made in Your image--like the wave is to the ocean; and that as You have said, 'Nothing is too hard for the Lord.' Help them to remember also, Eternal God, that You are a good parent, a sane parent; that You would not give Your children tasks You know they cannot perform; nor would You give them responsibilities without the resources to accomplish them.

And finally, into Your hands, Eternal God, we entrust these, their sessions--today, tomorrow, and forever more, and ask that You anoint each and every person who speaks to deliver words that--motivate, inspire, and express; that comfort, care, and caress; words that slip and slide and soar; words that rock and roll and roar.

Words that sing like David's and thunder like Elijah's; words that transcend like Isaiah's and indict like Micah's; words that heal like Luke's and persevere like Paul's.

Anoint the members of this House of Representatives so that when the results of their work leave this place, we, the people of the sovereign State of Michigan will be inspired to mount up with wings as eagles, run and not be weary, walk and not faint. In the name of all that is good we pray; and the people said, Amen."

______

Rep. Scott moved that Rep. Schermesser be excused from today's session.

The motion prevailed.

Rep. Hale moved that Rep. Hardman be excused from today's session.

The motion prevailed.

Rep. Cassis asked and obtained a temporary excuse from today's session.

Second Reading of Bills

House Bill No. 4601, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2837.

(The bill was read a second time, substitute (H-3) adopted, amendments defeated, amendments offered and postponed temporarily and bill postponed for the day on September 21, see House Journal No. 58, p. 1721.)

The question being on the adoption of the amendments offered previously by Rep. Scranton,

Rep. Scranton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered previously by Rep. Scranton,

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

Roll Call No. 810 Yeas--36

Baird Dennis Kilpatrick Schauer

Bogardus Garza LaForge Scott

Brater Gieleghem Lemmons Scranton

Brewer Godchaux Martinez Stallworth

Cherry Hale Minore Tesanovich

Clark, I. Hanley Price Thomas

Clarke, H. Hansen Prusi Toy

Daniels Jacobs Quarles Vaughn

DeHart Jamnick Rison Woodward

Nays--72

Allen Frank Kuipers Richardville

Basham Garcia Kukuk Richner

Birkholz Geiger LaSata Rivet

Bisbee Gilbert Law Rocca

Bishop Gosselin Lockwood Sanborn

Bovin Green Mans Shackleton

Bradstreet Hager Mead Sheltrown

Brown, B. Hart Middaugh Shulman

Brown, C. Howell Mortimer Spade

Byl Jansen Neumann Stamas

Callahan Jelinek O'Neil Switalski

Cassis Jellema Pappageorge Tabor

Caul Johnson, Rick Patterson Van Woerkom

DeRossett Johnson, Ruth Perricone Vander Roest

DeVuyst Julian Pestka Vear

DeWeese Kelly Pumford Voorhees

Ehardt Koetje Raczkowski Wojno

Faunce Kowall Reeves Woronchak

In The Chair: Patterson

Rep. O'Neil 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. Raczkowski 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. 4601, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2837.

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

Roll Call No. 811 Yeas--72

Nays--35

Baird Dennis Kilpatrick Scott

Bogardus Garza LaForge Scranton

Brater Gieleghem Martinez Stallworth

Brewer Godchaux Minore Tesanovich

Cherry Hale Price Thomas

Clark, I. Hanley Prusi Toy

Clarke, H. Hansen Quarles Vaughn

Daniels Jacobs Rison Woodward

DeHart Jamnick Schauer

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Birkholz, Bishop, Byl, Cassis, DeVuyst, Ehardt, Gilbert, Gosselin, Green, Hart, Howell, Jansen, Jelinek, Julian, Koetje, Kowall, Kuipers, LaSata, Law, Middaugh, Mortimer, Pumford, Raczkowski, Rocca, Shackleton, Shulman, Vander Roest and Woronchak were named co-sponsors of the bill.

______

Rep. Gieleghem, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

This bill calls for reporting complications that may be the result of a previously performed abortion. However, there are no time limits put in place, so any health complication could be reported or misreported at any time. In this bill, the potential for abuse is too great.

Any physician could likely provide opinions based not upon professional experience but rather on personal convictions aimed at skewing the data to further a political agenda. Here again, amendments were offered to extend these requirements to other types of surgical procedures. When all of these amendments failed, it became apparent that this bill was about limiting access."

Second Reading of Bills

House Bill No. 4600, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2835 (MCL 333.2835) and by adding section 2837.

(The bill was read a second time, substitute (H-2) defeated, substitute (H-3) adopted, amendments defeated and bill postponed for the day on September 21, see House Journal No. 58, p. 1725.)

Rep. Bisbee 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. Raczkowski 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. 4600, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2835 (MCL 333.2835) and by adding section 2837.

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

Roll Call No. 812 Yeas--72

Nays--36

In The Chair: Patterson

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

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

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2835 (MCL 333.2835).

The motion prevailed.

The House agreed to the title as amended.

Reps. Bovin, Callahan, Jelinek, Kelly, Neumann, Pappageorge, Sheltrown, Spade and Wojno were named co-sponsors of the bill.

______

Rep. Gieleghem, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Under current reporting requirements, physicians must provide to the Department of Community Health, within 7 days, information on the age, marital status and residency of the patient, plus the type of facility, source of referral, method of operation, physician's signature and license number. Patient information reported includes the number of previous pregnancies and their outcomes, gestation of the present pregnancy, the weight and status of the embryo or fetus, and any immediate complications of the procedure.

This bill adds further burdensome and excessive reporting requirements. Amendments were offered to place similar reporting requirements on other surgical procedures. When all of these amendments failed, it became apparent that this bill was not about patient protection but rather about increasing the cost and limiting the access to this procedure, along with adding bureaucratic paperwork."

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

The question being on the motion made by Rep. Raczkowski,

Rep. Baird demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Raczkowski,

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

Roll Call No. 813 Yeas--73

Allen Garcia Kukuk Richner

Basham Geiger LaSata Rivet

Birkholz Gilbert Law Rocca

Bisbee Gosselin Lockwood Sanborn

Bishop Green Mans Shackleton

Bovin Hager Mead Sheltrown

Bradstreet Hart Middaugh Shulman

Brown, B. Howell Mortimer Spade

Brown, C. Jansen Neumann Stamas

Byl Jelinek O'Neil Switalski

Callahan Jellema Pappageorge Tabor

Cassis Johnson, Rick Patterson Toy

Caul Johnson, Ruth Perricone Van Woerkom

DeRossett Julian Pestka Vander Roest

DeVuyst Kelly Pumford Vear

DeWeese Koetje Raczkowski Voorhees

Ehardt Kowall Reeves Wojno

Faunce Kuipers Richardville Woronchak

Frank

Nays--32

Baird DeHart Jacobs Rison

Bogardus Dennis Jamnick Schauer

Brater Garza Kilpatrick Scott

Brewer Gieleghem LaForge Scranton

Cherry Godchaux Minore Tesanovich

Clark, I. Hale Price Thomas

Clarke, H. Hanley Prusi Vaughn

Daniels Hansen Quarles Woodward

In The Chair: Patterson

Second Reading of Bills

House Bill No. 4599, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20104 and 20115 (MCL 333.20104 and 333.20115).

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 47, p. 1014),

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

Rep. Geiger moved to substitute (H-2) the bill.

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

Reps. Scranton and Stallworth moved to amend the bill as follows:

1. Amend page 3, line 19, after "SEC. 22224." by striking out "(1)".

2. Amend page 3, line 24, by striking out all of subsection (2).

The question being on the adoption of the amendments offered by Reps. Scranton and Stallworth,

Rep. Baird demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Scranton and Stallworth,

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

Roll Call No. 814 Yeas--37

Baird Gieleghem Lemmons Scott

Bogardus Godchaux Lockwood Scranton

Brater Hale Martinez Stallworth

Brewer Hanley Minore Switalski

Cherry Hansen Price Tesanovich

Clark, I. Jacobs Prusi Thomas

Clarke, H. Jamnick Quarles Toy

Daniels Kilpatrick Rison Vaughn

Dennis LaForge Schauer Woodward

Garza

Nays--70

Allen Frank Kuipers Richardville

Basham Garcia Kukuk Richner

Birkholz Geiger LaSata Rivet

Bisbee Gilbert Law Rocca

Bishop Gosselin Mans Sanborn

Bovin Green Mead Shackleton

Bradstreet Hager Middaugh Sheltrown

Brown, B. Hart Mortimer Shulman

Brown, C. Howell Neumann Spade

Byl Jansen O'Neil Stamas

Callahan Jelinek Pappageorge Tabor

Cassis Jellema Patterson Van Woerkom

Caul Johnson, Rick Perricone Vander Roest

DeRossett Johnson, Ruth Pestka Vear

DeVuyst Julian Pumford Voorhees

DeWeese Kelly Raczkowski Wojno

Ehardt Koetje Reeves Woronchak

Faunce Kowall

In The Chair: Patterson

Reps. Scranton and Schauer moved to amend the bill as follows:

1. Amend page 2, line 11, after "TION" by inserting "CONSISTING OF A PRIVATE PRACTICE OFFICE OF A PHYSICIAN, DENTIST, PODIATRIST, OR OTHER HEALTH PROFESSIONAL LICENSED UNDER ARTICLE 15 WHOSE SCOPE OF PRACTICE DEFINITION ALLOWS HIM OR HER TO PERFORM 1 OR MORE SURGICAL PROCEDURES".

2. Amend page 2, line 12, after "ABORTION" by inserting "OR OTHER SURGICAL PROCEDURE".

3. Amend page 2, line 18, after "FACILITY" by inserting "CONSISTING OF THE PRIVATE PRACTICE OFFICE OF A PHYSICIAN, DENTIST, PODIATRIST, OR OTHER HEALTH PROFESSIONAL LICENSED UNDER ARTICLE 15 WHOSE SCOPE OF PRACTICE DEFINITION ALLOWS HIM OR HER TO PERFORM 1 OR MORE SURGICAL PROCEDURES".

4. Amend page 2, line 20, after "ABORTION" by inserting "OR OTHER SURGICAL PROCEDURE".

5. Amend page 2, following line 23, by inserting:

"(4) AS USED IN THIS SECTION:

(A) "ABORTION" MEANS THAT TERM AS DEFINED IN SECTION 17015.

(B) "SURGICAL PROCEDURE" MEANS THE TREATMENT OF A HUMAN BEING BY A HEALTH PROFESSIONAL LICENSEE OR HIS OR HER DELEGATEE IN HIS OR HER PRIVATE PRACTICE OFFICE BY THE USE OF 1 OR MORE OF THE FOLLOWING PROCEDURES:

(i) CUTTING INTO ANY PART OF THE BODY BY SURGICAL SCALPEL, ELECTRO-CAUTERY, OR OTHER MEANS FOR DIAGNOSIS OR THE REMOVAL OR REPAIR OF DISEASED OR DAMAGED TISSUE, BONE, ORGANS, TUMORS, OR FOREIGN BODIES.

(ii) REDUCTION OF FRACTURES OR DISLOCATIONS OF A BONE, JOINT, OR BONY STRUCTURE.

(iii) REPAIR OF MALFORMATIONS OR BODY DEFECTS RESULTING FROM INJURY, BIRTH DEFECTS, OR OTHER CAUSES THAT REQUIRE CUTTING AND MANIPULATION OR SUTURE.

(iv) INSTRUMENTATION OF THE UTERINE CAVITY INCLUDING THE PROCEDURE COMMONLY KNOWN AS DILATATION AND CURETTAGE FOR DIAGNOSTIC OR THERAPEUTIC PURPOSES.

(v) HUMAN STERILIZATION PROCEDURES.

(vi) ENDOSCOPIC PROCEDURES." and renumbering the remaining subsections.

6. Amend page 3, line 3, after "ABORTION" by inserting "OR OTHER SURGICAL PROCEDURE".

7. Amend page 3, line 17, by striking out all of subsection (5).

The question being on the adoption of the amendments offered by Reps. Scranton and Schauer,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Scranton and Schauer,

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

Roll Call No. 815 Yeas--36

Baird Gieleghem Lemmons Schauer

Bogardus Godchaux Lockwood Scott

Brater Hale Martinez Scranton

Brewer Hanley Minore Stallworth

Clark, I. Hansen Price Tesanovich

Clarke, H. Jacobs Prusi Thomas

Daniels Jamnick Quarles Toy

Dennis Kilpatrick Reeves Vaughn

Garza LaForge Rison Woodward

Nays--70

Allen Frank Kuipers Richner

Basham Garcia Kukuk Rivet

Birkholz Geiger LaSata Rocca

Bisbee Gilbert Law Sanborn

Bishop Gosselin Mans Shackleton

Bovin Green Mead Sheltrown

Bradstreet Hager Middaugh Shulman

Brown, B. Hart Mortimer Spade

Brown, C. Howell Neumann Stamas

Byl Jansen O'Neil Switalski

Callahan Jelinek Pappageorge Tabor

Cassis Jellema Patterson Van Woerkom

Caul Johnson, Rick Perricone Vander Roest

DeRossett Johnson, Ruth Pestka Vear

DeVuyst Julian Pumford Voorhees

DeWeese Kelly Raczkowski Wojno

Ehardt Koetje Richardville Woronchak

Faunce Kowall

In The Chair: Patterson

Rep. Geiger 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. 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. Pumford, Bovin, Clarke, Allen, Pappageorge, Howell, Vander Roest, Mead, Ehardt, DeHart, DeRossett, Bishop, Gosselin, Kilpatrick, Van Woerkom, Sanborn, Kukuk, LaSata, Kowall, Toy, Koetje, Kelly, Vear, Jamnick, Cassis, Jelinek, Tesanovich, Raczkowski, Richner, Jansen, Birkholz, Faunce, Hager, Woronchak, Julian, Green and Rick Johnson offered the following resolution:

House Resolution No. 178.

A resolution offered as a memorial for John Graves.

Whereas, It is with a great deal of respect for his accomplishments that we join the family of John Graves in remembering his significant contributions to the people of the state of Michigan. John Graves was a man devoted to his family and committed to his community and his cherished memory will not fade from the hearts and minds of those who knew and loved him. He will always be remembered as "Big John" by his friends and "Papa John" by children; and

Whereas, Born on September 1, 1926, John Graves excelled in various endeavors throughout his life, including service as city councilman, city mayor, county commissioner, and developer, merchant, factory worker, and navy veteran. However, the alias most revered, honored, and most common to those he touched was that of "friend." As a businessman, John owned Graves Sport Shop for 45 years. This shop was a clearing house for information, a conversational forum to voice opinions on politics, the particular issue of the day, and of course the outdoors. It often served as a city mission of sorts; and

Whereas, Although a large number of people benefited through his endeavors in public life, the legacy John Graves will be remembered most often for are the innumerable small, generous, personal, and more often than not, anonymous acts that he performed every day of his life. He was so concerned with improving the human condition that he did not let partisanship or being consumed with the trappings of power and position stand in his way. His commitment to others is best summed up by his son John, "My father personified White Cloud, he got involved because he loved this community, state, and country." It seems that he touched and affected in some way the life of every person in the community. A loving family man, he and his wife Ruth were lifelong companions continuing from their wedding day on February 1, 1947. In addition to his wife, John is survived by 4 children, 12 grandchildren, and to date 1 great grandchild; now, therefore, be it

Resolved by the House of Representatives, That this resolution is dedicated to offer these words of praise as a memorial for John Graves. A community leader, he was much admired and will long be remembered; and be it further

Resolved, That a copy of this resolution be transmitted to the Graves family as evidence of our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Thomas, Clarke, Cherry, Ehardt, Rivet, Wojno, Woodward, Dennis, DeHart, Daniels, Hale, DeRossett, Bishop, Gosselin, Kilpatrick, Sanborn, Kukuk, Kowall, Kelly, Quarles, Vaughn, Jamnick, Jelinek, Tesanovich, Price, Raczkowski, Richner, Jansen, LaForge, Birkholz, Hager, Reeves, Garza, Schauer and Green offered the following resolution:

House Resolution No. 179.

A resolution honoring the 25th anniversary of OmniCare Health Plan.

Whereas, On September 23, 1999, Michigan Health Maintenance Organization Plans, Inc., a.k.a. OmniCare Health Plan of Michigan, will be celebrating 25 years of delivering quality health care to the City of Detroit and Southeastern Michigan; and

Whereas, OmniCare Health Plan has been a pioneer in the field of managed care as the first health maintenance organization (HMO) in Michigan to become federally qualified, the first HMO in the country to structure itself on what is now called the network model, the first HMO in the country to capitate physician services in an IPA model HMO, and the first to create a mental health carve out; and

Whereas, OmniCare Health Plan's enrollment is over 95,000 subscribers whom it serves through a network of more than 582 primary care physicians, 48 hospitals, 150 vision care providers, and more than 525 pharmacies; and

Whereas, OmniCare has a history of supporting and hiring Detroit residents, has offered services to City of Detroit employees since 1978, and is one of the largest HMOs in the country with African-American top management; and

Whereas, OmniCare Health Plan through these first 25 years has remained committed to its mission statement--to improve the health status of the population within its service area through the delivery of quality, cost-effective, reliable, and accessible health care services while building solid partnerships with its customers; and

Whereas, OmniCare Health Plan will be entering its second quarter-century of service to the people of the City of Detroit, continuing its commitment to that mission; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby commemorate the 25th anniversary of OmniCare Health Plan. May all involved in its success know of our admiration and may OmniCare long continue its exemplary course in its mission of help and healing; and be it further

Resolved, That a copy of this resolution be transmitted to OmniCare Health Plan as a token of our esteem.

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. Wojno, Clarke, Hansen, Cherry, Gieleghem, Woodward, DeHart, Callahan, Thomas, Hale, DeRossett, Gosselin, Kilpatrick, Sanborn, Kukuk, Kowall, Kelly, Vaughn, Bovin, Martinez, Tesanovich, Price, Raczkowski, Richner, LaForge, Faunce, Hager, Woronchak, Garza and Schauer offered the following resolution:

House Resolution No. 180.

A resolution to urge the Federal Communications Commission to restore approval for low-power FM radio broadcasting.

Whereas, In recent years, the world of communications has experienced enormous changes. One of the components of this change is the increasing growth of radio station ownership by corporate entities far different than the local ownership of years ago. This trend has taken from the medium of radio a large measure of its spirit of community service and the local identity of radio programming; and

Whereas, As more and more people have expressed frustration with the loss of low-power radio stations, the Federal Communications Commission (FCC) has been examining the possibility of restoring this element of communications by licensing small operations. Over the past couple of years, the FCC has sought and received input from many individuals and groups hoping to return independent voices and local ownership to the airwaves; and

Whereas, The FCC has before it RM-9242, a proposal for rulemaking that would encourage greater participation in radio by people with traditionally less access to radio. The option of very low-power operations will give greater voice to groups not associated with radio station ownership, such as minorities, small businesses and groups, and women. Approval of this rule would do little to threaten the status of large stations and networks, yet it would open doors of communications and opportunity too long closed by technology and financial obstacles; now, therefore, be it

Resolved by the House of Representatives, That we urge the Federal Communications Commission to restore approval for low-power FM radio broadcasting; and be it further

Resolved, That copies of this resolution be transmitted to the Federal Communications Commission.

The resolution was referred to the Committee on Energy and Technology.

Reps. Schauer, Martinez, Thomas, Bogardus, Hale, Rison, Quarles, LaForge, Pestka, Cherry, Vaughn, Byl, Stallworth, Jelinek, Julian, Kelly, Jellema, Godchaux, Scranton, Callahan, Clarke, Clark, Garza, Kilpatrick, Reeves, Minore, Baird, Switalski, Dennis, Hanley, Spade, Mans, Woodward, Jacobs, Brater, DeHart and Lemmons offered the following resolution:

House Resolution No. 181.

A resolution commending the Sojourner Truth Institute of Battle Creek.

Whereas, Sojourner Truth was a powerful voice that helped shape our nation's ideals of freedom and equality. As an advisor to President Abraham Lincoln and as a former slave, she proclaimed a message that continues to inspire, empower and educate to this day; and

Whereas, A resident of Battle Creek, Sojourner Truth's legacy as a crusader for the abolition of slavery, for women's suffrage and as a great champion of basic human rights has brought honor and recognition to her home; and

Whereas, The efforts of the Sojourner Truth Institute of Battle Creek, the Sojourner Truth Commemoration Committee, the National Association of Negro Business and Professional Women, the W. K. Kellogg Foundation, the Kellogg Company, the Battle Creek Historical Society, the Battle Creek Community Foundation, the City of Battle Creek, the Michigan Council for the Arts and Cultural Affairs and many other community-minded partners who are committed to carrying forward her legacy of freedom, equality and truth into the next century have resulted in the completion and installation of the Sojourner Truth Monument; and

Whereas, We honor the gifts and personal commitment of sculptor Tina Brown, who brought to life the vision of Sojourner Truth, standing at a lectern speaking boldly and confidently of her beliefs and courageous travels, creating a reminder and visual role model for the next generation of Americans of all background. We also honor the occasion of the unveiling and dedication of the Sojourner Truth Monument at Monument Park in Battle Creek on Saturday, September 25, 1999, in recognition of all that Sojourner Truth advocated for with dignity and determination; now, therefore, be it

Resolved by the House of Representatives, That we hereby commend the Battle Creek community and declare that Saturday, September 25, 1999, shall be recognized as Sojourner Truth Day throughout the State of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Sojourner Truth Institute of Battle Creek as evidence of our heartfelt commendation.

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.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 18.1246.

Rep. Jellema offered the following concurrent resolution:

House Concurrent Resolution No. 44.

A concurrent resolution to change the scope of the Professional Studies and Classroom Building project at the University of Michigan-Flint.

Whereas, The University of Michigan-Flint Professional Studies and Classroom Building project was authorized with a total cost of $33,123,000 by 1996 PA 480 and Senate Concurrent Resolution No. 71 of 1998; and

Whereas, The University of Michigan-Flint has estimated that the total cost to complete the Professional Studies and Classroom Building project has increased to $35,623,000; and

Whereas, The University of Michigan-Flint has agreed to fund the increase in the project cost of $2,500,000, with the state commitment remaining at $25,942,200; and

Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL §18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the University of Michigan-Flint Professional Studies and Classroom Building project to an amount not to exceed $35,623,000 (State Building Authority share $25,942,100; State General

Fund/General Purpose share $100; the University of Michigan-Flint share $9,680,800); and that the legislature intends to continue to appropriate funds for construction subject to limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes in the legislative process; and be it further

Resolved, That a copy of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and the University of Michigan-Flint.

The concurrent resolution was referred to the Committee on Appropriations.

Reps. Wojno, Clarke, Hansen, Cherry, Gieleghem, Woodward, DeHart, Callahan, Thomas, Daniels, Hale, DeRossett, Gosselin, Kilpatrick, Sanborn, Kukuk, Kowall, Kelly, Quarles, Vaughn, Bovin, Martinez, Tesanovich, Price, Raczkowski, Richner, LaForge, Faunce, Hager, Woronchak, Garza and Schauer offered the following concurrent resolution:

House Concurrent Resolution No. 45.

A concurrent resolution to urge the Federal Communications Commission to restore approval for low-power FM radio broadcasting.

Resolved by the House of Representatives (the Senate concurring), That we urge the Federal Communications Commission to restore approval for low-power FM radio broadcasting; and be it further

Resolved, That copies of this resolution be transmitted to the Federal Communications Commission.

The concurrent resolution was referred to the Committee on Energy and Technology.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 21, 1999, at 4:42 p.m.,

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

Absent: Reps. Ruth Johnson, Middaugh, Reeves, Schermesser,

Excused: Reps. Ruth Johnson, Middaugh, Reeves, Schermesser

Communications from State Officers

The following communication from the Auditor General was received and read:

September 17, 1999

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

Financial Audit of the

Transition in the Office of State Treasurer

Department of Treasury

As of January 9, 1999

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.

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

September 17, 1999

I am submitting a list of ten research projects approved for funding under the Michigan Great Lakes Protection Fund in compliance with Act 156 of the Public Acts of 1989. Section 10(1) of the Act requires that this list be submitted annually to the Legislature.

If you have any questions, please contact Mark Coscarelli at 335-4227, or you may contact me.

Sincerely,

G. Tracy Mehan, III

Director

Office of the Great Lakes

(517) 335-4056

The communication was referred to the Clerk.

Introduction of Bills

Reps. Minore, Quarles and Jamnick introduced

House Bill No. 4842, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 1998 PA 539.

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

Reps. DeWeese, Gosselin, Kuipers, Allen, Tabor and Rick Johnson introduced

House Bill No. 4843, entitled

A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending sections 1 and 2a (MCL 423.201 and 423.202a), section 1 as amended by 1996 PA 543 and section 2a as added by 1994 PA 112.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

Reps. Faunce, Price, Gosselin, Rick Johnson, Wojno, Woronchak, Thomas, Garcia and Middaugh introduced

House Bill No. 4844, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in 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 the state tax commission and certain officers of local governmental units; and to provide penalties," by amending sections 2, 4, and 9 (MCL 207.552, 207.554, and 207.559), section 2 as amended by 1986 PA 66, section 4 as amended by 1995 PA 218, and section 9 as amended by 1996 PA 513.

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

______

Rep. Law moved that the House adjourn.

The motion prevailed, the time being 4:55 p.m.

Associate Speaker Pro Tempore Patterson declared the House adjourned until Thursday, September 23, at 12:00 Noon.

GARY RANDALL

Clerk of the House of Representatives.

Baird	Dennis	Kilpatrick	Schauer
Bogardus	Garza	LaForge	Scott
Brater	Gieleghem	Lemmons	Scranton
Brewer	Godchaux	Martinez	Stallworth
Cherry	Hale	Minore	Tesanovich
Clark, I.	Hanley	Price	Thomas
Clarke, H.	Hansen	Prusi	Toy
Daniels	Jacobs	Quarles	Vaughn
DeHart	Jamnick	Rison	Woodward

Allen	Frank	Kuipers	Richardville
Basham	Garcia	Kukuk	Richner
Birkholz	Geiger	LaSata	Rivet
Bisbee	Gilbert	Law	Rocca
Bishop	Gosselin	Lockwood	Sanborn
Bovin	Green	Mans	Shackleton
Bradstreet	Hager	Mead	Sheltrown
Brown, B.	Hart	Middaugh	Shulman
Brown, C.	Howell	Mortimer	Spade
Byl	Jansen	Neumann	Stamas
Callahan	Jelinek	O'Neil	Switalski
Cassis	Jellema	Pappageorge	Tabor
Caul	Johnson, Rick	Patterson	Van Woerkom
DeRossett	Johnson, Ruth	Perricone	Vander Roest
DeVuyst	Julian	Pestka	Vear
DeWeese	Kelly	Pumford	Voorhees
Ehardt	Koetje	Raczkowski	Wojno
Faunce	Kowall	Reeves	Woronchak