2004-HJ-04-21-032.htm

No. 32

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Wednesday, April 21, 2004.

1:00 p.m.

The House was called to order by the Speaker Pro Tempore.

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

Accavitti--present Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--present Stahl--present

Bisbee--present Hart--present Mortimer--present Stakoe--present

Bradstreet--present Hood--present Murphy--present Stallworth--excused

Brandenburg--present Hoogendyk--present Newell--present Steil--present

Brown--present Hopgood--present Nitz--present Stewart--present

Byrum--present Howell--present Nofs--present Tabor--present

Casperson--present Huizenga--present O'Neil--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--excused Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--excused Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--e/d/s LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present

e/d/s = entered during session

Rep. Judy Emmons, from the 70th District, offered the following invocation:

"Heavenly Father, we thank You for this glorious day and for the privileges that we enjoy. Always remind us of the responsibilities that are tied to those very privileges. We thank You for the opportunity, those of us who are serving in this body, and for the honor, and the responsibility that goes with that. Help us to be ever mindful that we need to keep Your will and Your wishes in the forefront, as we deliberate and make decisions that effect all of our constituents and the citizens in the state of Michigan. We would ask that You be with us, ask that You protect those who are out there in our great state, working doing the jobs that You provide, and make possible all things through You. We ask these things in the name of Jesus. Amen."

______

Rep. Waters moved that Reps. Daniels and Stallworth be excused from this week's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4468, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.

(The bill was read a second time, committee substitute (H-2) offered and bill postponed temporarily on April 1, see House Journal No. 30, p. 623.)

The question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,

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

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

The motion prevailed.

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

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

______

Rep. Nitz moved that Rep. Sheen be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4468, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.

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

Roll Call No. 253 Yeas--104

Accavitti Gieleghem Meisner Shaffer

Acciavatti Gillard Meyer Sheltrown

Adamini Gleason Middaugh Shulman

Amos Hager Milosch Smith

Anderson Hardman Minore Spade

Bieda Hart Moolenaar Stahl

Bisbee Hood Mortimer Stakoe

Bradstreet Hoogendyk Murphy Steil

Brandenburg Hopgood Newell Stewart

Brown Howell Nitz Tabor

Byrum Huizenga Nofs Taub

Casperson Hummel O'Neil Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Clack Jamnick Pappageorge Vander Veen

Condino Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Phillips Walker

DeRoche Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Reeves Wenke

Elkins Kooiman Richardville Whitmer

Emmons LaJoy Rivet Williams

Farhat LaSata Robertson Wojno

Farrah Law Rocca Woodward

Gaffney Lipsey Sak Woronchak

Garfield McConico Shackleton Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Notices

Rep. Sheltrown, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 216-217 and 219-244. Had I been present, I would have voted 'yea' on Roll Call Nos. 216-217, 219-225, 227-230, 233-238, 240-242 and 244 and 'nay' on Roll Call Nos. 226, 231-232, 239 and 243."

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4584, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.

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

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

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

The motion prevailed.

Rep. Richardville 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. 4584, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.

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

Roll Call No. 254 Yeas--104

Nays--1

Sheen

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Ehardt entered the House Chambers.

Second Reading of Bills

House Bill No. 5278, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406r.

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

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

Rep. Hummel moved to amend the bill as follows:

1. Amend page 1, line 3, after "on" by striking out "professional,".

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

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

The motion prevailed.

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

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

______

Rep. Nitz moved that Rep. DeRossett be excused temporarily from today's session.

The motion prevailed.

Rep. Hune moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

Rep. Caswell moved that Reps. Bisbee and Drolet be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5278, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406r.

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

Roll Call No. 255 Yeas--66

Acciavatti Howell Nitz Sheltrown

Amos Huizenga Nofs Shulman

Bradstreet Hummel O'Neil Spade

Brandenburg Hune Palmer Stahl

Brown Johnson, Rick Palsrok Stakoe

Casperson Johnson, Ruth Pappageorge Steil

Caswell Julian Pastor Stewart

Caul Koetje Pumford Tabor

Ehardt Kooiman Richardville Taub

Emmons LaJoy Rivet Van Regenmorter

Farhat LaSata Robertson Vander Veen

Gaffney Meyer Rocca Voorhees

Garfield Middaugh Sak Walker

Gleason Milosch Shackleton Ward

Hager Moolenaar Shaffer Wenke

Hart Mortimer Sheen Woronchak

Hoogendyk Newell

Nays--36

Accavitti Farrah Law Smith

Adamini Gieleghem Lipsey Tobocman

Anderson Gillard McConico Vagnozzi

Bieda Hardman Meisner Waters

Byrum Hood Minore Whitmer

Clack Hopgood Murphy Williams

Condino Hunter Phillips Wojno

Dennis Jamnick Plakas Woodward

Elkins Kolb Reeves Zelenko

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Bieda, 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:

I voted against HB 5277 and 5278 because these organizations already can decide not to offer a particular service, or coverage for a particular service, and that this legislation is not needed."

Reps. Hopgood, Waters, Jamnick, Law, Anderson and Zelenko, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted 'No' on House Bills 5006, 5276, 5277, and 5278 because these bills would hinder access to health care services in Michigan, particularly in rural areas. These bills allow individual health care providers' interests to trump patient care. These bills also do not require health care providers to refer or counsel patients on their full health care options if the health care provider conscientiously objects to one of the possible treatments or procedures. The Michigan State Medical Society has stated that protecting a health care provider from referring a patient to potential medical procedures or counseling them on all possible treatments violates a doctor's code of ethics in caring for their patient. A patient needs to know all possible treatments available to them, regardless of whether that physician can or will provide them, in order to make informed decisions about their care. These bills also ignore current accreditation rules requiring hospitals to have procedures in place to accommodate employees' conscientious objections through the Joint Commission on Accreditation of Healthcare Organizations (JACHO) standards.

People in Michigan who choose to be health care providers should not be able to restrict the services available to those they are licensed to care for."

Rep. Kolb, 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:

I voted 'No' on House Bills 5006, and the other bills in this legislative package (5276, 5277, and 5278) because these bills would hinder access to health care services in Michigan. This bill and the other bills allow health care provides (and insurers) to refuse to provide health care, to people in need, that violates the health provider's ethical, moral or religious principals. This legislation would allow individual health care providers' interests to trump patient care. I oppose this legislation and worry that its passage into law would hinder access to health care services, especially in rural areas. This legislation also does not require health care providers to refer or counsel patients on their full health care options if the health care provider conscientiously objects to one of the possible treatments or procedures. The Michigan State Medical Society has stated that protecting a health care provider from referring a patient to potential medical procedures or counseling them on all possible treatments violates a doctor's code of ethics in caring for their patient. A patient needs to know all possible treatments available to them, regardless of whether that physician can or will provide them, in order to make informed decisions about their care. Current accreditation rules already require hospitals to have procedures in place to accommodate employees' conscientious objections through the Joint Commission on Accreditation of Healthcare Organizations (JACHO) standards.

People in Michigan who choose to be health care providers should not be able to restrict the services available to those they are licensed to care for. This bill allows health care providers to deny needed health care services to any individual not currently protected from discrimination under the state's Elliot-Larsen civil rights act. Thus, a health provider could refuse health care to an individual based upon a patient's actual or perceived sexual orientation. I adamantly oppose this legislation and believe that this is a very dangerous path for Michigan to travel down."

______

Rep. Drolet, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 255. Had I been present, I would have voted 'yea'."

Rep. DeRoche, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 255. Had I been present, I would have voted 'yea'."

Second Reading of Bills

House Bill No. 5277, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.

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

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

Rep. Hummel moved to amend the bill as follows:

1. Amend page 1, line 3, after "on" by striking out "professional,".

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

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

The motion prevailed.

Rep. Richardville 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. 5277, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.

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

Roll Call No. 256 Yeas--69

Acciavatti Hoogendyk Newell Sheen

Amos Howell Nitz Sheltrown

Bradstreet Huizenga Nofs Shulman

Brandenburg Hummel O'Neil Spade

Brown Hune Palmer Stahl

Casperson Johnson, Rick Palsrok Stakoe

Caswell Johnson, Ruth Pappageorge Steil

Caul Julian Pastor Stewart

DeRoche Koetje Phillips Tabor

Drolet Kooiman Pumford Taub

Ehardt LaJoy Richardville Van Regenmorter

Emmons LaSata Rivet Vander Veen

Farhat Meyer Robertson Voorhees

Gaffney Middaugh Rocca Walker

Garfield Milosch Sak Ward

Gleason Moolenaar Shackleton Wenke

Hager Mortimer Shaffer Woronchak

Hart

Nays--35

Accavitti Farrah Law Tobocman

Adamini Gieleghem Lipsey Vagnozzi

Anderson Gillard McConico Waters

Bieda Hardman Meisner Whitmer

Byrum Hood Minore Williams

Clack Hopgood Murphy Wojno

Condino Hunter Plakas Woodward

Dennis Jamnick Reeves Zelenko

Elkins Kolb Smith

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Bieda, 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:

I voted against HB 5277 and 5278 because these organizations already can decide not to offer a particular service, or coverage for a particular service, and that this legislation is not needed."

Reps. Hopgood, Jamnick, Anderson and Law, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

People in Michigan who choose to be health care providers should not be able to restrict the services available to those they are licensed to care for."

Rep. Kolb, 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:

Second Reading of Bills

House Bill No. 5276, entitled

A bill to allow certain health facilities to object to providing or participating in certain procedures under certain circumstances; to provide for protection from certain liability; and to provide for remedies.

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

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

Rep. Richardville moved to amend the bill as follows:

1. Amend page 3, line 12, after "on" by striking out "professional,".

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

"(c) In the event of an emergency where a patient's condition, in the reasonable medical judgment of an attending physician or medical director, requires immediate action to avert serious injury, harm, impairment, or death or is such that a delay would create a serious risk of substantial and irreversible impairment of a major bodily function to that patient.".

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

Rep. Bieda moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

"(3) This act does not relieve a health care facility from a duty that exists under another statute or other law pertaining to medical standards of acceptable health care practice and procedures." and renumbering the remaining subsection.

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

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

The motion prevailed.

Rep. Richardville 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. 5276, entitled

A bill to allow certain health facilities to object to providing or participating in certain procedures under certain circumstances; and to provide for protection from certain liability; and to provide for remedies.

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

Roll Call No. 257 Yeas--72

Acciavatti Gleason Moolenaar Sheen

Amos Hager Mortimer Sheltrown

Bieda Hart Newell Shulman

Bradstreet Hoogendyk Nitz Spade

Brandenburg Howell Nofs Stahl

Brown Huizenga O'Neil Stakoe

Casperson Hummel Palmer Steil

Caswell Hune Palsrok Stewart

Caul Johnson, Rick Pappageorge Tabor

Condino Johnson, Ruth Pastor Taub

DeRoche Julian Pumford Van Regenmorter

Drolet Koetje Richardville Vander Veen

Ehardt Kooiman Rivet Voorhees

Emmons LaJoy Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Meyer Sak Wenke

Garfield Middaugh Shackleton Wojno

Gillard Milosch Shaffer Woronchak

Nays--32

Accavitti Gieleghem Lipsey Smith

Adamini Hardman McConico Tobocman

Anderson Hood Meisner Vagnozzi

Byrum Hopgood Minore Waters

Clack Hunter Murphy Whitmer

Dennis Jamnick Phillips Williams

Elkins Kolb Plakas Woodward

Farrah Law Reeves Zelenko

In The Chair: Julian

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

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

A bill to allow certain health facilities to object to providing or participating in certain procedures under certain circumstances; and to provide for protection from certain liability.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Hopgood, Jamnick, Anderson, Law and Zelenko, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

People in Michigan who choose to be health care providers should not be able to restrict the services available to those they are licensed to care for."

______

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5006, entitled

A bill to provide standards for personnel policies to protect the right of conscience of health care providers who conscientiously object to providing or participating in certain health care services under certain circumstances; to provide for protection from certain liability; and to provide for penalties and remedies.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Health Policy,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Richardville moved to amend the bill as follows:

1. Amend page 3, line 25, after "on" by striking out "professional,".

2. Amend page 4, line 9, after "adopts" by striking out "a" and inserting "an".

3. Amend page 4, line 10, by striking out "professional,".

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

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 1, line 4, after the first "medication" by striking out "or device".

2. Amend page 1, line 5, by striking out "or device"."

3. Amend page 2, line 12, after "medication" by striking out "or device".

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

Rep. Whitmer moved to amend the bill as follows:

1. Amend page 1, following line 6, by inserting:

"(b) "Emergency contraceptive medication or device" means a medication or combination of medications or device approved by the federal drug administration that prevent pregnancy by preventing ovulation or fertilization of an egg that is taken or used after sexual intercourse." and relettering the remaining subdivisions.

2. Amend page 2, line 12, after "device" by inserting "or an emergency contraceptive medication or device".

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

Rep. Whitmer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 258 Yeas--34

Accavitti Farrah Law Smith

Adamini Gillard Lipsey Tobocman

Anderson Gleason McConico Vagnozzi

Bieda Hardman Meisner Waters

Byrum Hood Minore Whitmer

Clack Hopgood Murphy Williams

Condino Hunter Phillips Woodward

Dennis Jamnick Plakas Zelenko

Elkins Kolb

Nays--68

Acciavatti Hart Mortimer Sheltrown

Amos Hoogendyk Newell Shulman

Bradstreet Howell Nitz Spade

Brandenburg Huizenga Nofs Stahl

Brown Hummel Palmer Stakoe

Casperson Hune Palsrok Steil

Caswell Johnson, Rick Pappageorge Stewart

Caul Johnson, Ruth Pastor Tabor

DeRoche Julian Pumford Taub

Drolet Koetje Richardville Van Regenmorter

Ehardt Kooiman Rivet Vander Veen

Emmons LaJoy Robertson Voorhees

Farhat LaSata Rocca Walker

Gaffney Meyer Sak Ward

Garfield Middaugh Shackleton Wenke

Gieleghem Milosch Shaffer Wojno

Hager Moolenaar Sheen Woronchak

In The Chair: Julian

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

The motion prevailed.

Rep. Richardville 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. 5006, entitled

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

Roll Call No. 259 Yeas--69

Acciavatti Hart Mortimer Sheen

Amos Hoogendyk Newell Sheltrown

Bieda Howell Nitz Shulman

Bradstreet Huizenga Nofs Spade

Brandenburg Hummel O'Neil Stahl

Brown Hune Palmer Stakoe

Casperson Johnson, Rick Palsrok Steil

Caswell Johnson, Ruth Pappageorge Tabor

Caul Julian Pastor Taub

DeRoche Koetje Pumford Van Regenmorter

Drolet Kooiman Richardville Vander Veen

Ehardt LaJoy Rivet Voorhees

Emmons LaSata Robertson Walker

Farhat Meyer Rocca Ward

Gaffney Middaugh Sak Wenke

Garfield Milosch Shackleton Wojno

Gleason Moolenaar Shaffer Woronchak

Hager

Nays--35

Accavitti Gieleghem Lipsey Stewart

Adamini Gillard McConico Tobocman

Anderson Hardman Meisner Vagnozzi

Byrum Hood Minore Waters

Clack Hopgood Murphy Whitmer

Condino Hunter Phillips Williams

Dennis Jamnick Plakas Woodward

Elkins Kolb Reeves Zelenko

Farrah Law Smith

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Shulman, Rick Johnson, Tabor, Hager, Ehardt, Julian, Newell, Howell, Shackleton, DeRoche, Stakoe, Hune, Wenke, Emmons, Van Regenmorter, Nitz and Palsrok were named co-sponsors of the bill.

______

Rep. Meisner, 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:

In order to become a physician, individuals must take the Hippocratic Oath, which lays out the credo of physicians as derived from Hippocrates, the father of medicine. All who take the oath say, among other things, the following: 'I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person's family and economic stability.' Nowhere in the oath does it say that physicians shall not treat people whose ethnicity, sexual orientation, or beliefs they may not agree with or approve of. This package of bills would amend the Hippocratic Oath in a way that takes rights away from people in the name of protecting the rights of others. We do not have the moral or professional standing to do either."

Reps. Hopgood, Law, Zelenko, Jamnick, Anderson and Waters, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

People in Michigan who choose to be health care providers should not be able to restrict the services available to those they are licensed to care for."

Rep. Kolb, 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:

Rep. Adamini, 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:

I voted 'No' on House Bill 5006 because these bills would hinder access to health care services in Michigan, particularly in rural areas. These bills allow individual health care providers' interests to trump patient care. These bills also do not require health care providers to refer or counsel patients on their full health care options if the health care provider conscientiously objects to one of the possible treatments or procedures. The Michigan State Medical Society has stated that protecting a health care provider from referring a patient to potential medical procedures or counseling them on all possible treatments violates a doctor's code of ethics in caring for their patient. A patient needs to know all possible treatments available to them, regardless of whether that physician can or will provide them, in order to make informed decisions about their care. These bills also ignore current accreditation rules requiring hospitals to have procedures in place to accommodate employees' conscientious objections through the Joint Commission on Accreditation of Healthcare Organizations (JACHO) standards.

People in Michigan who choose to be health care providers should not be able to restrict the services available to those they are licensed to care for."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Richardville moved that Rule 45(c) be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Rick Johnson moved that the Committee on Commerce be discharged from further consideration of House Bill No. 5632 and motion postponed for the day on March 23, see House Journal No. 25, p. 473.

(For first notice see House Journal No. 24, p. 461.)

The question being on the motion made previously by Rep. Rick Johnson,

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

The bill was placed on the order of Second Reading of Bills and laid over one day.

Rep. Richardville moved that Rule 45(c) be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Richardville moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 5708.

(For first notice see House Journal No. 31, p. 703.)

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

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

The bill was placed on the order of Second Reading of Bills and laid over one day.

Rep. Richardville moved that Rule 45(c) be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Richardville moved that the Committee on Regulatory Reform be discharged from further consideration of House Bill No. 4865.

(For first notice see House Journal No. 31, p. 703.)

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

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

The bill was placed on the order of Second Reading of Bills and laid over one day.

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Bradstreet, Chair, reported

House Resolution No. 200.

A resolution to urge the Federal Communications Commission to develop and enforce stronger measures to restrict indecency in radio and television broadcasting.

(For text of resolution, see House Journal No. 12, p. 185.)

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

Substitute for House Resolution No. 200.

A resolution to urge the Federal Communications Commission to continue its strong enforcement against entities that violate indecency and profanity regulations in radio and television broadcasting.

Whereas, Over the past few years, the number of radio and television broadcasts that seem far beyond any acceptable standard of decency have increased significantly. Some of the individual occurrences are remarkable in the level of crudity and offensiveness. They are, however, very believable to anyone who has channel surfed with a young child nearby or anyone who knows of the "shock jock" mentality that seems pervasive on some radio stations. Incidents during the 2004 Super Bowl Halftime Show, the 2003 Golden Globes awards, and broadcasts of indecent material in connection with the Howard Stern Show and other programs have served to focus national attention on this problem; and

Whereas, The FCC has both statutory authority, under Chapter 18, Section 1464 of the USC, and promulgated regulatory authority, under 73.3999 (47 CFR), to administer sanctions to deal with indecent broadcasting. The commission's recent actions against entities violating such provisions have served warning for future broadcasts; and

Whereas, On April 7, 2004, the FCC imposed a $495,000 fine in connection with the willful broadcasting of indecent material on the Howard Stern Show. This figure represented a maximum statutory $27,500 fine for each of the eighteen total violations. In addition, on March 3, 2004, the FCC overruled an earlier decision that had previously held that isolated or fleeting use of the "F-word" was not indecent. Because of the FCC's reversal, broadcasters are now on clear notice that, in the future, they will be subject to strong enforcement action for any broadcast of the "F-word," such as was broadcast during the 2003 Golden Globe awards. Furthermore, FCC Chairman Michael K. Powell recently testified before Congress to assure lawmakers that the FCC had already launched an extensive investigation of the 2004 Super Bowl Halftime Show that would be thorough and swift; and

Whereas, The FCC's recent enforcement actions responding to the concerns and sentiments of countless citizens who have voiced verbal and written complaints against the broadcasting of indecency and profanity are welcomed and encouraged; now, therefore, be it

Resolved by the House of Representatives, That we urge the Federal Communications Commission to continue to take decisive actions to restrict indecency and profanity in radio and television broadcasting; and be it further

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

The resolution and substitute were laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bradstreet, Middaugh, Bisbee, Casperson, Garfield, LaJoy, Nitz, Palsrok, Stahl, Woodward, Hopgood and Murphy

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 21, 2004

Present: Reps. Bradstreet, Middaugh, Bisbee, Casperson, DeRoche, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Woodward, Hopgood and Murphy

Absent: Reps. Huizenga, LaS

Accavitti--present	Garfield--present	Meisner--present	Sheen--present
Acciavatti--present	Gieleghem--present	Meyer--present	Sheltrown--present
Adamini--present	Gillard--present	Middaugh--present	Shulman--present
Amos--present	Gleason--present	Milosch--present	Smith--present
Anderson--present	Hager--present	Minore--present	Spade--present
Bieda--present	Hardman--present	Moolenaar--present	Stahl--present
Bisbee--present	Hart--present	Mortimer--present	Stakoe--present
Bradstreet--present	Hood--present	Murphy--present	Stallworth--excused
Brandenburg--present	Hoogendyk--present	Newell--present	Steil--present
Brown--present	Hopgood--present	Nitz--present	Stewart--present
Byrum--present	Howell--present	Nofs--present	Tabor--present
Casperson--present	Huizenga--present	O'Neil--present	Taub--present
Caswell--present	Hummel--present	Palmer--present	Tobocman--present
Caul--present	Hune--present	Palsrok--present	Vagnozzi--present
Cheeks--excused	Hunter--present	Pappageorge--present	Van Regenmorter--present
Clack--present	Jamnick--present	Pastor--present	Vander Veen--present
Condino--present	Johnson, Rick--present	Phillips--present	Voorhees--present
Daniels--excused	Johnson, Ruth--present	Plakas--present	Walker--present
Dennis--present	Julian--present	Pumford--present	Ward--present
DeRoche--present	Koetje--present	Reeves--present	Waters--present
DeRossett--present	Kolb--present	Richardville--present	Wenke--present
Drolet--present	Kooiman--present	Rivet--present	Whitmer--present
Ehardt--e/d/s	LaJoy--present	Robertson--present	Williams--present
Elkins--present	LaSata--present	Rocca--present	Wojno--present
Emmons--present	Law--present	Sak--present	Woodward--present
Farhat--present	Lipsey--present	Shackleton--present	Woronchak--present
Farrah--present	McConico--present	Shaffer--present	Zelenko--present

Accavitti	Gieleghem	Meisner	Shaffer
Acciavatti	Gillard	Meyer	Sheltrown
Adamini	Gleason	Middaugh	Shulman
Amos	Hager	Milosch	Smith
Anderson	Hardman	Minore	Spade
Bieda	Hart	Moolenaar	Stahl
Bisbee	Hood	Mortimer	Stakoe
Bradstreet	Hoogendyk	Murphy	Steil
Brandenburg	Hopgood	Newell	Stewart
Brown	Howell	Nitz	Tabor
Byrum	Huizenga	Nofs	Taub
Casperson	Hummel	O'Neil	Tobocman
Caswell	Hune	Palmer	Vagnozzi
Caul	Hunter	Palsrok	Van Regenmorter
Clack	Jamnick	Pappageorge	Vander Veen
Condino	Johnson, Rick	Pastor	Voorhees
Dennis	Johnson, Ruth	Phillips	Walker
DeRoche	Julian	Plakas	Ward
DeRossett	Koetje	Pumford	Waters
Drolet	Kolb	Reeves	Wenke
Elkins	Kooiman	Richardville	Whitmer
Emmons	LaJoy	Rivet	Williams
Farhat	LaSata	Robertson	Wojno
Farrah	Law	Rocca	Woodward
Gaffney	Lipsey	Sak	Woronchak
Garfield	McConico	Shackleton	Zelenko