hj04139t.029

No. 29

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Tuesday, April 13, 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--excused

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--present

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

LaSata--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--excused

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

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

Rep. A.T. Frank, from the 96th District, offered the following invocation:

"O Merciful God, grant us Your grace to do what is right so we may walk as one beyond tomorrow, filled with hope and courage, filled with love and life. Amen."

______

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

The motion prevailed.

Rep. DeWeese moved that Rep. Ehardt be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 21.

A resolution recognizing the 100th Anniversary of the Veterans of Foreign Wars of the United States.

(For text of resolution, see House Journal No. 15, p. 230.)

(The resolution was reported by the Committee on Family and Civil Law on March 11, consideration of which was postponed until March 16 under the rules.)

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4059, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1603 (MCL 324.1603), as added by 1995 PA 60.

(The bill was received from the Senate on March 18, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 23, see House Journal No. 25, p. 418.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 226 Yeas--108

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza Kukuk Rocca

Birkholz Geiger LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scott

Bovin Gosselin Lockwood Scranton

Bradstreet Green Mans Shackleton

Brater Hager Martinez Sheltrown

Brewer Hale Mead Shulman

Brown, B. Hanley Middaugh Spade

Brown, C. Hansen Minore Stallworth

Byl Hardman Mortimer Stamas

Callahan Hart Neumann Switalski

Cassis Howell O'Neil Tabor

Caul Jacobs Pappageorge Tesanovich

Cherry Jamnick Patterson Thomas

Clark Jansen Perricone Toy

Clarke Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vaughn

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Richardville Woodward

Faunce Koetje Richner Woronchak

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

Second Reading of Bills

House Bill No. 4084, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and 52.205), section 5 as amended by 1980 PA 401, and by adding section 5b.

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

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

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

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

Senate Bill No. 336, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 358 (MCL 168.358), as amended by 1990 PA 7.

The bill was read a second time.

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

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

Senate Bill No. 58, entitled

A bill to amend 1968 PA 173, entitled "An act naming certain state buildings," by amending section 1 (MCL 19.131), as amended by 1982 PA 229.

The bill was read a second time.

Rep. Raczkowski 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. Middaugh, Richardville, Garcia, Spade, Wojno, DeHart, Prusi, Kelly, Scott, Sheltrown, Jamnick, Rocca, Richner, Dennis, Woronchak, Shackleton, Bishop, Jellema, Pappageorge, Cassis, Faunce, Birkholz, Bogardus, Cherry, Green, Bovin, Tesanovich, Koetje, Baird, Vander Roest, DeRossett, Toy, Tabor, Jansen, Geiger, Caul, Jelinek, Scranton, Vaughn, LaSata, Kukuk, Mead, Schauer, Vear, Bradstreet, DeVuyst, Van Woerkom, Clarke, Gosselin and Voorhees offered the following resolution:

House Resolution No. 55.

A resolution recognizing the 80th Anniversary of the American Legion.

Whereas, From March 15th through the 17th in 1919, a group of American World War I Doughboys gathered in Paris, France to discuss the ways to serve their country on the home front. At those meetings, the American Legion was born; and

Whereas, Since 1919, the American Legion has been dedicated to the perpetuation of America's core values of freedom, justice, equality, respect for all people regardless of ethnic group or gender, and reverence for cherished American traditions such as honoring the flag of the United States; and

Whereas, For over two hundred years, millions of Americans have answered our nation's call to defend our freedoms and our democratic form of government against all enemies; and

Whereas, Such service has required sacrifice, hardship, endurance, dedication, bravery, courage, and the highest level of patriotism. Those who have served our country deserve special attention; freedom is not free, and these are the men and women who paid for the freedom all of us enjoy today; and

Whereas, In the past 80 years, the American Legion and its members have made considerable contributions to our country as an advocate for traditional American values, veterans' rights and benefits, a strong national defense, and honoring the memory of those whose sacrifices preserved our freedom; and

Whereas, So many good things can be traced to the service of the 2.8 million members of the American Legion, including the GI Bill, creation of a cabinet level Department of Veterans Affairs, and the national movement to return to the people the right to protect the U.S. flag from physical desecration; and

Whereas, We must never forget the debt we owe these men and women, and we must also never take for granted the unselfish sacrifices they made to protect the freedom and liberty we enjoy today; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body call upon the citizens of Michigan to recognize the 80th Anniversary of the American Legion and honor America's 26 million veterans; and be it further

Resolved, That a copy of this resolution be transmitted to the American Legion as evidence of our highest 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. Middaugh, DeVuyst, Birkholz, Wojno, DeHart, Prusi, Kelly, Jamnick, Rocca, Richner, Dennis, Woronchak, Pappageorge, Cassis, Faunce, Green, Bovin, Vander Roest, DeRossett, Toy, Tabor, Jansen, Geiger, Caul, Jelinek, Scranton, LaSata, Kukuk, Vear, Bradstreet, Van Woerkom, Gosselin and Voorhees offered the following resolution:

House Resolution No. 56.

A resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

Whereas, Over the past four decades, nuclear power has become a significant source for the nation's production of electricity. Michigan is among the majority of states that derive energy from nuclear plants; and

Whereas, Since the earliest days of nuclear power, the great dilemma associated with this technology is how to deal with the waste material that is produced. This high-level radioactive waste material demands exceptional care in all facets of its storage and disposal, including the transportation of this material; and

Whereas, In 1982, Congress passed the Nuclear Waste Policy Act of 1982. This legislation requires the federal government, through the Department of Energy, to build a facility for the permanent storage of high-level nuclear waste. This act, which was amended in 1987, includes a specific timetable to identify a suitable location and to establish the waste facility. The costs for this undertaking are to be paid from a fee that is assessed on all nuclear energy produced; and

Whereas, In accordance with the federal act, Michigan electric customers have paid some $700 million into this federal fund for construction of the federal waste facility; and

Whereas, There are serious concerns that the federal government is not complying with the timetables set forth in federal law. Every delay places our country at greater risk, because the large number of temporary sites at nuclear facilities across the country makes us vulnerable to potential problems. The Department of Energy, working with the Nuclear Regulatory Commission, must not fail to meet its obligation as provided by law. There is too much at stake; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste; and be it further

Resolved, That copies of this resolution be transmitted to the United States Department of Energy, the Nuclear Regulatory Commission, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Reps. Middaugh, DeVuyst, Birkholz, Wojno, DeHart, Jamnick, Rocca, Richner, Woronchak, Pappageorge, Cassis, Faunce, Green, Vander Roest, DeRossett, Toy, Tabor, Jansen, Jelinek, Scranton, Kukuk, Gosselin and Voorhees offered the following resolution:

House Resolution No. 57.

A resolution to urge the United States Environmental Protection Agency to reaffirm certain standards of ozone and particulate levels.

Whereas, The United States Environmental Protection Agency (EPA) has a responsibility to review periodically the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM); and

Whereas, The EPA has established a more stringent ozone standard (not fully implemented) and a new, more stringent standard for particulate matter at or below 2.5 microns (PM2.5) (not yet implemented); and

Whereas, Michigan, through its local jurisdictions, businesses, and citizens, has supported health-based National Ambient Air Quality Standards (NAAQS) that are premised on sound science; and

Whereas, Michigan has made significant progress in meeting current NAAQS for both ozone and particulate matter (PM) under the Clean Air Act amendments of 1990, although there are some areas that have not yet come into compliance with the current standard(s); and

Whereas, Michigan, through its local jurisdictions, businesses, consumers, and taxpayers, has borne considerable cost to come into compliance with the current NAAQS for ozone and particulate matter; and

Whereas, The proposed new standards will significantly expand the number of nonattainment areas for both ozone and particulate matter. This may result in additional emission controls in all areas, thus imposing significant economic, administrative, and regulatory burdens on Michigan, its citizens, businesses, and local governments; and

Whereas, EPA's own Clean Air Science Advisory Committee (CASAC) was unable to find any "bright line" that would distinguish any public health benefit among any of the proposed new standards for ozone, including the current standard; and

Whereas, There is very little existing PM2.5 monitoring data; and

Whereas, There are many unanswered questions and scientific uncertainties regarding the health effects of particulate matter, in particular PM2.5, including:

--Divergent opinions among scientists who have investigated the issue;

--Exposure misclassification;

--Measurement errors;

--Lack of supporting toxicological data;

--Lack of a plausible toxicological mechanism;

--Lack of correlation between recorded PM levels and public health effects;

--Influence of other variables; and

--The existence of possible alternative explanations; and

Whereas, No substantial scientific evidence exists that supports claims that the more stringent ozone standard or the new, more stringent PM2.5 standard would avoid alleged adverse health, but they will assuredly impose significantly higher costs; now, therefore, be it

Resolved by the House of Representatives, That we advise and strongly urge the EPA to reaffirm the existing one-hour NAAQS for ozone; and be it further

Resolved, That we advise and strongly urge the EPA to reaffirm the existing NAAQS for PM10; and be it further

Resolved, That we advise and strongly urge the EPA to review the scientific basis for establishing a new NAAQS for PM2.5 at this time and to gather the necessary PM2.5 monitoring data and conduct all necessary research needed to address the issue of causality and other critical and important unanswered scientific questions concerning PM2.5; and be it further

Resolved, That we advise and strongly urge the EPA to identify any unfunded mandates or other administrative and economic burdens for state or local governments or agencies that would result from the proposed changes to the NAAQS for ozone and particulate matter; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the administrator of the United States Environmental Protection Agency, and other appropriate administration officials.

The resolution was referred to the Committee on Conservation and Outdoor Recreation.

Reps. Hanley, Wojno, DeHart, Prusi, Kelly, Thomas, Scott, Sheltrown, Jamnick, Rocca, Callahan, Dennis, LaForge, Bogardus, Cherry, Green, Tesanovich, Baird, DeRossett, Toy, Vaughn, Schauer, Clarke, Gosselin and Hale offered the following resolution:

House Resolution No. 58.

A resolution congratulating James P. Hoffa.

Whereas, James P. Hoffa was sworn in as General President of the International Brotherhood of Teamsters on March 22, 1999. His installation caps a nationwide campaign that saw him capture more than 57% of the vote in a three way race last December; and

Whereas, Mr. Hoffa campaigned on a platform of rebuilding and restoring the 1.4 million member union to its position as one of the most important labor organizations in the world. He has pledged to balance the union's budget in his first year in office without raising dues. He will also establish an independent Ethical Practices Committee free from political influence to combat corruption; and

Whereas, James P. Hoffa was born in Detroit, Michigan in 1941. His father, the legendary James R. "Jimmy" Hoffa, swore him in as a Teamster on his 18th birthday. As a Teamster, he worked loading and unloading ships, driving trucks and buses, and operating heavy equipment. He graduated from Michigan State University in 1963 with a degree in labor relations, and after receiving his law degree from the University of Michigan in 1966, he represented his Teamster brothers and sisters in contact negotiations, grievances, arbitrations and organizing drives for 25 years. He then ascended to the position of Executive Assistant to the President of Michigan Joint Council 43; and

Whereas, James P. Hoffa has devoted his entire life to building the Teamsters as a force to improve the lives of working men and women. His election as President signals a new era for this proud union; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate James P. Hoffa on his installation as General President of the International Brotherhood of Teamsters. We wish him success in his endeavors to build a unified, proud, and financially stable union; and be it further

Resolved, That copies of this resolution be transmitted to James P. Hoffa and his family along with our best wishes.

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, Spade, DeHart, Switalski, Kelly, Thomas, Scott, Sheltrown, Gieleghem, Jamnick, Rocca, Richner, Callahan, Dennis, Garcia, Pappageorge, Cassis, Faunce, LaForge, Bogardus, Cherry, Green, Bovin, Kilpatrick, Tesanovich, Baird, Vander Roest, DeRossett, Toy, Jansen, Caul, Jelinek, Scranton, Vaughn, Kukuk, Schauer, Vear, DeVuyst, Van Woerkom, Clarke, Sanborn, Gosselin, Voorhees and Hale offered the following resolution:

House Resolution No. 59.

A resolution honoring the Macomb Intermediate School District School Board upon selection as winner of The 1999 School Board Honorary Award for Service to Disabled Persons.

Whereas, The National Organization on Disability (N.O.D.) and the National School Board Association (NSBA) has recognized the Macomb Intermediate School District School Board as a "prime example of how dedicated school board members engage the community and increase awareness of the power of special education and students' abilities." This award commends nearly a half century of exemplary educational leadership and policy-setting; and

Whereas, The Macomb Intermediate School District School Board educates special needs students from all districts in Macomb County. It protects and promotes the rights of handicapped children and adults in school, increases public awareness of the potential of disabled individuals, involves the disabled in school affairs, enhances educational and vocational opportunities, and helps the students in their transition to post-secondary training or to the workforce; and

Whereas, The Macomb Intermediate School District shoulders many responsibilities in Macomb County education. The regional district provides a link between the local school district and the state. While it operates special education programs, it also provides leadership and offers consultants in school business and technology services. In the 1950's voters across Macomb County put their support behind special education. That support continues today as MISD Trustees continue to promote the best services available for the special and general education students in Macomb County; and

Whereas, The MISD School Board has promoted awareness and sensitivity to the special needs and rights of people with disabilities. It has developed innovative, high-quality educational opportunities for these students, created community awareness of the children's abilities, and worked in partnership with parents, businesses, and the community for the needs of special children; and

Whereas, The MISD operates eight schools for students with severe disabilities. MISD is the only district in the United States to receive "the Most Outstanding Program Honor" for 1999 from the N.O.D. and the N.S.B.A. Future citizens of the country are being developed in MISD classrooms every day. We commend the MISD School Board for its exemplary policies and leadership and hope other school systems will follow their example; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body join in honoring the Macomb Intermediate School District upon selection as winner of The 1999 School Board Honorary Award for Service to Disabled Persons; and be it further

Resolved, That a copy of this resolution be transmitted to the Macomb Intermediate School District as evidence of our respect for their exemplary work.

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. Baird, Spade, Wojno, DeHart, Prusi, Kelly, Thomas, Sheltrown, Jamnick, Rocca, Richner, Callahan, Dennis, Woronchak, Garcia, Jellema, Pappageorge, Cassis, Faunce, Birkholz, LaForge, Bogardus, Cherry, Green, Bovin, Kilpatrick, Tesanovich, Koetje, Vander Roest, DeRossett, Toy, Tabor, Price, Jansen, Caul, Jelinek, Scranton, Vaughn, LaSata, Kukuk, Mead, Schauer, Vear, Bradstreet, Richardville, DeVuyst, Van Woerkom, Clarke, Sanborn, Gosselin, Voorhees and Hale offered the following resolution:

House Resolution No. 60.

A resolution congratulating Michigan State University's 1998-1999 Men's Basketball Big Ten Champions and the 1998-1999 Ice Hockey CCHA regular season Champions.

Whereas, It is a great pleasure and privilege to salute MSU Men's Basketball and Ice Hockey teams. MSU is only the second school in NCAA history that has had two teams make it simultaneously to the Final Four; and

Whereas, In a dominating display of skill, teamwork, and determination, the 100th season of MSU Men's Basketball laid claim to its second consecutive Big Ten title. The squad kept a 14-0 record in games played at the Breslin Center. The Big Ten Tournament Champions' voyage then led to their outstanding performance in the NCAA Tournament. After several cliffhangers, their perseverance prevailed and they made it to the tournament semifinals. This is only the third time in school history that the men's basketball team has made it to the NCAA Final Four. A 33-5 record, combined with a strong showing in the NCAA Tournament, led to a team ranking of 3rd place in the final USA Today/ESPN poll; and

Whereas, The MSU Hockey Team's inspiring 29-6-7 record made them the Central Collegiate Hockey Association regular season Champions. This incredible record illuminates the outstanding talent of the team's members and coaches. These players won a hard-fought victory to make it to the Frozen Four, their first appearance since 1992. The close quarterfinals game was decided when two MSU players each scored goals, 32 seconds apart, in the last minutes of the third period. These goals gave Michigan State a 4-3 victory over Colorado College. The team's hard work and impressive skills took them all the way to the NCAA Frozen Four. With 36 wins and ties to their credit, we salute this outstanding team; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body extend heartiest congratulations and honor to Michigan State University's 1998-1999 Men's Basketball Big Ten Champions and the 1998-1999 Ice Hockey CCHA regular season Champions; and be it further

Resolved, That a copy of this resolution be transmitted to Michigan State University's 1998-1999 Men's Basketball Big Ten Champions and the 1998-1999 Ice Hockey CCHA regular season Champions as evidence of our appreciation and congratulations.

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. Reeves, Spade, Wojno, DeHart, Kelly, Thomas, Scott, Jamnick, Rocca, Richner, Dennis, Woronchak, Pappageorge, LaForge, Quarles, Bogardus, Cherry, Green, Kilpatrick, Tesanovich, Koetje, Baird, DeRossett, Toy, Price, Jansen, Caul, Scranton, Vaughn, Schauer, Bradstreet, DeVuyst, Van Woerkom, Clarke, Gosselin, Voorhees and Hale offered the following resolution:

House Resolution No. 61.

A resolution to commemorate the Sesquicentennial Anniversary of Wayne County Medical Society and to express appreciation for their valuable contributions in Michigan.

Whereas, We are proud to join with the members, officers, and friends of Wayne County Medical Society as they gather to mark the 150th anniversary of this outstanding group. This milestone is a reflection of unselfishness and commitment to the common good that is most commendable. While the members of this distinguished organization celebrate 150 years of service, we offer our thanks for the gifts they have shared within Metropolitan Detroit and throughout Michigan; and

Whereas, Wayne County Medical Society can trace its origins to April 14, 1849, and the aspirations of its founders. In the years that have followed since fifty (50) physicians first came together, this organization has adapted to changes in our society and within the medical community. To that end, the organization has grown to over 4,200 physicians; and

Whereas, Wayne County Medical Society has maintained the following mission of service.

To promote and encourage the unity and loyalty of the physicians of the community into a strong and cohesive medical society. To bring into one organization the physicians of this county and with other county societies to form the Michigan State Medical Society and the American Medical Association. To provide continuing medical education credit for physicians. To maintain a program of educational service to the public on matters of health and scientific advancement, and to insure that the high quality of medical care and the patient's freedom to choose a physician be maintained; and

Whereas, Wayne County Medical Society has positively impacted the quality of public health within Metropolitan Detroit and Wayne County since its inception. Specifically, under the direction of Dr. Francis P. Rhoades, the Wayne County Medical Society led a polio immunization drive in the middle of this century which vaccinated thousands of Detroiters, all but eliminating the threat of the crippling disease in the Metropolitan Detroit area; and

Whereas, Wayne County Medical Society continues to support responsible and healthy teenage behavior through educational conferences; and

Whereas, Wayne County Medical Society supports the educational mission of the Detroit Public Schools by providing free medical and dental services to the student population at the Webber School in Detroit, Michigan; and

Whereas, With ceremonies to celebrate its history, the members and officers of Wayne County Medical Society will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which Wayne County Medical Society will continue to reach out in the Metropolitan Detroit community and our state; now, therefore, be it

Resolved by the House of Representatives, That a unanimous accolade of tribute be hereby accorded to commemorate the 150th anniversary of Wayne County Medical Society, and to express appreciation for their valuable contributions in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Wayne County Medical Society, as evidence 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. Tabor, Spade, DeHart, Jamnick, Rocca, Richner, Jellema, Cassis, Faunce, Birkholz, Green, Kilpatrick, Koetje, Baird, Vander Roest, DeRossett, Toy, Caul, Jelinek, Scranton, Vaughn, Kukuk, Mead, Schauer, Vear, Richardville, DeVuyst, Van Woerkom, Gosselin and Voorhees offered the following resolution:

House Resolution No. 62.

A resolution commemorating 1999 as the "Year of the Barn" in Michigan.

Whereas, The members of the Michigan House of Representatives offer this resolution to commemorate 1999 as the "Year of the Barn" in Michigan; and

Whereas, Michigan's historic barns are examples of great innovation and workmanship that are declining in number. Skillful craftsmen created these structures using artful techniques that have become far less employed. Most of Michigan's traditional barns are approximately 100 years old, having been built between 1890 and 1900, and are unique landmarks which provide a sense of relationship to our rural and agricultural heritage. Barns are renewable resources that can be restored to serve today's farmers and other rural dwellers; and

Whereas, Michigan will be hosting the Smithsonian Institution Traveling Exhibit, "Barn Again: Celebrating an American Icon." The exhibit, which will be touring between June 1999 and April 2000, is brought to Michigan through a partnership between the Michigan Humanities Council and the Smithsonian Institution Traveling Exhibition Service. Exhibition sites will include the Wolcott Mill Historic Center in Ray, the Kensington Metropark Farm Center in Milford, the Iron County Museum in Caspian, the North Berrien Historical Museum in Coloma, Courthouse Square in Charlotte, the Missaukee District Library in Lake City, and the Rawson Memorial Library in Cass City; and

Whereas, The Michigan Barn Preservation Network is a national leader in the careful preservation and restoration of barns and farmsteads in Michigan. The Network will work with those communities hosting the Smithsonian exhibit to aid in the development of community activities which will complement the exhibit. This includes highlighting the relationship of barns with the community as working farm structures as well as their role as a cultural icon; and

Whereas, The membership of the Michigan Barn Preservation Network continues to put forth an honorable effort to preserve these cherished landmarks of our history; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate 1999 as the "Year of the Barn" in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Barn Preservation Network 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. Middaugh, Birkholz, DeVuyst, Wojno, DeHart, Kelly, Jamnick, Rocca, Richner, Dennis, Woronchak, Pappageorge, Cassis, Faunce, Green, Bovin, Koetje, Vander Roest, DeRossett, Toy, Tabor, Jansen, Caul, Jelinek, Scranton, Kukuk, Vear, Bradstreet, Van Woerkom, Gosselin and Voorhees offered the following concurrent resolution:

House Concurrent Resolution No. 29.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

Whereas, In accordance with the federal act, Michigan electric customers have paid some $700 million into this federal fund for construction of the federal waste facility; and

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste; and be it further

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

Reps. Middaugh, DeVuyst, Birkholz, Wojno, DeHart, Jamnick, Rocca, Richner, Woronchak, Pappageorge, Cassis, Faunce, Green, Koetje, Vander Roest, DeRossett, Toy, Tabor, Jansen, Jelinek, Scranton, Kukuk, Gosselin and Voorhees offered the following concurrent resolution:

House Concurrent Resolution No. 30.

A concurrent resolution to urge the United States Environmental Protection Agency to reaffirm certain standards of ozone and particulate levels.

Whereas, Michigan, through its local jurisdictions, businesses, and citizens, has supported health-based National Ambient Air Quality Standards (NAAQS) that are premised on sound science; and

Whereas, There is very little existing PM2.5 monitoring data; and

Whereas, There are many unanswered questions and scientific uncertainties regarding the health effects of particulate matter, in particular PM2.5, including:

--Divergent opinions among scientists who have investigated the issue;

--Exposure misclassification;

--Measurement errors;

--Lack of supporting toxicological data;

--Lack of a plausible toxicological mechanism;

--Lack of correlation between recorded PM levels and public health effects;

--Influence of other variables; and

--The existence of possible alternative explanations; and

Resolved by the House of Representatives (the Senate concurring), That we advise and strongly urge the EPA to reaffirm the existing one-hour NAAQS for ozone; and be it further

Resolved, That we advise and strongly urge the EPA to reaffirm the existing NAAQS for PM10; and be it further

The concurrent resolution was referred to the Committee on Conservation and Outdoor Recreation.

Reports of Standing Committees

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

House Bill No. 4032, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 522 (MCL 206.522), as amended by 1996 PA 484.

With the recommendation that the substitute (H-2) 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 4032 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Minore, O'Neil, Switalski,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 13, 1999, at 9:00 a.m.,

Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Jamnick, Minore, O'Neil, Switalski.

The Committee on Family and Children Services, by Rep. Hart, Chair, reported

Senate Bill No. 379, entitled,

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18f of chapter XIIA (MCL 712A.18f), as amended by 1998 PA 480.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 379 To Report Out:

Yeas: Reps. Hart, DeRossett, Cassis, Law, Shulman, LaForge, Gieleghem, Hardman, Jacobs,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hart, Chair of the Committee on Family and Children Services, was received and read:

Meeting held on: Tuesday, April 13, 1999, at 12:00 Noon,

Present: Reps. Hart, DeRossett, Cassis, Law, Shulman, LaForge, Gieleghem, Hardman, Jacobs.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 13, 1999, at 7:45 a.m.,

Present: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Koetje, Brater, Bogardus, LaForge, Rivet, Sheltrown,

Absent: Reps. Vear, Hansen, Spade,

Excused: Reps. Vear, Hansen, Spade.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 13, 1999, at 9:00 a.m.,

Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 13, 1999, at 10:30 a.m.,

Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott, Spade,

Absent: Reps. Hager, Hart,

Excused: Reps. Hager, Hart.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bill had been received on Thursday, March 25:

Senate Bill No. 79

The Clerk announced that the following Senate bills had been received on Friday, March 26:

Senate Bill Nos. 151 178 361 365 366 370 372 380 442

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, March 30:

House Bill Nos. 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 4445

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4013, entitled

A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending section 8 (MCL 125.38).

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4011, entitled

A bill to amend 1905 PA 157, entitled "An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; and to provide the powers and duties of certain local units of government and certain officials," by amending section 6 (MCL 41.426), as added by 1989 PA 79.

The Senate has amended the bill as follows:

1. Amend page 3, following line 15, by inserting:

"Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 336 of the 90th Legislature is enacted into law.".

The Senate has passed the bill as amended and ordered that it be given immediate effect.

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

House Concurrent Resolution No. 24.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see House Journal No. 27, p. 492.)

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 79, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.