No. 34

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature


REGULAR SESSION OF 2004


House Chamber, Lansing, Tuesday, April 27, 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--present

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--present Hunter--present Pappageorge--present Van Regenmorter--present

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

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

Daniels--present 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--present 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--excused

Gaffney--present

e/d/s = entered during session

Rep. Craig M. DeRoche, from the 38th District, offered the following invocation:

"Heavenly Father, we pray for Your guidance for this institution and its members. Give us strength and wisdom as we meet today and through this season. As leaders, we look after the residents of the state of Michigan that depend on us for the decisions we make regarding their access to health care, education of the children and their security. Give us strength and wisdom, Father. In Your son's name, we pray. Amen."

______

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

The motion prevailed.

Rep. Waters moved that Rep. Zelenko be excused from this week's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5335, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 9 (MCL 207.779), as amended by 2003 PA 127.

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

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

Rep. Wenke moved to amend the bill as follows:

1. Amend page 7, following line 25, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

Rep. Stakoe 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. Waters moved that Reps. Hunter, Daniels, Smith, McConico, Cheeks, Stallworth and Reeves 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. 5335, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 9 (MCL 207.779), as amended by 2003 PA 127.

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

Roll Call No. 267 Yeas--85

Acciavatti Gaffney Middaugh Sheltrown

Adamini Garfield Milosch Shulman

Amos Gillard Moolenaar Spade

Anderson Gleason Mortimer Stahl

Bieda Hager Murphy Stakoe

Bisbee Hart Newell Steil

Bradstreet Hoogendyk Nitz Stewart

Brandenburg Howell Nofs Tabor

Brown Huizenga Palmer Taub

Casperson Hummel Palsrok Tobocman

Caswell Hune Pappageorge Vagnozzi

Caul Johnson, Rick Pastor Van Regenmorter

Clack Johnson, Ruth Pumford Vander Veen

Condino Julian Richardville Voorhees

Dennis Koetje Rivet Walker

DeRoche Kolb Robertson Ward

DeRossett Kooiman Rocca Wenke

Drolet LaJoy Sak Williams

Ehardt LaSata Shackleton Wojno

Elkins Law Shaffer Woodward

Emmons Meyer Sheen Woronchak

Farhat

Nays--14

Accavitti Hood Meisner Plakas

Byrum Hopgood Minore Waters

Farrah Jamnick O'Neil Whitmer

Gieleghem Lipsey

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. 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:

Supporting small businesses in their infancy is an important goal. However, piling more and more tax exemptions onto the $27 billion in tax expenditures that the state of Michigan gave away last year is a mistake. Prior to adding new tax breaks to the tax code, which already has more holes than Swiss cheese, we should undertake a comprehensive review of the tax breaks we've already given to see if they've lived up to their billing. If they haven't, they should be repealed and replaced. This legislative package is putting the cart before the horse."

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

"Mr. Speaker and members of the House:

I voted no on this package of bills (SB 863, 865, 867, 872, 875 and HB 5335, 5341, 5342, 5343, 5345) because they have the potential to continue to reduce revenues in the School Aid Fund as well as State and local governments. It also creates another opportunity where our communities will be competing against one another for business locations."

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

______

Rep. Hunter, 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. 267. Had I been present, I would have voted 'yea'."

Second Reading of Bills

House Bill No. 5341, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Tax Policy,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Wenke moved to amend the bill as follows:

1. Amend page 3, following line 4, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

Rep. Milosch 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. 5341, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.

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

Roll Call No. 268 Yeas--79

Acciavatti Garfield Middaugh Sheltrown

Amos Gillard Milosch Shulman

Bieda Hager Moolenaar Spade

Bisbee Hart Mortimer Stahl

Bradstreet Hoogendyk Newell Stakoe

Brandenburg Howell Nitz Steil

Brown Huizenga Nofs Stewart

Casperson Hummel Palmer Tabor

Caswell Hune Palsrok Taub

Caul Hunter Pappageorge Tobocman

Condino Johnson, Rick Pastor Vagnozzi

Dennis Johnson, Ruth Pumford Van Regenmorter

DeRoche Julian Richardville Vander Veen

DeRossett Koetje Rivet Voorhees

Drolet Kolb Robertson Walker

Ehardt Kooiman Rocca Ward

Elkins LaJoy Sak Wenke

Emmons LaSata Shackleton Wojno

Farhat Law Shaffer Woronchak

Gaffney Meyer Sheen

Nays--25

Accavitti Gieleghem Lipsey Reeves

Adamini Gleason Meisner Stallworth

Anderson Hardman Minore Waters

Byrum Hood Murphy Whitmer

Cheeks Hopgood O'Neil Williams

Clack Jamnick Plakas Woodward

Farrah

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 amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7hh.

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.

______

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

"Mr. Speaker and members of the House:

I voted no on this package of bills (SB 863, 865, 867, 872, 875 and HB 5335, 5341, 5342, 5343, 5345) because they have the potential to continue to reduce revenues in the School Aid Fund as well as State and local governments. It also creates another opportunity where our communities will be competing against one another for business locations."

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

House Bill No. 5343, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 10 (MCL 125.2790).

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

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

Rep. Wenke moved to amend the bill as follows:

1. Amend page 5, following line 20, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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. 5343, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 10 (MCL 125.2790).

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

Roll Call No. 269 Yeas--80

Acciavatti Garfield Meyer Sheen

Amos Gillard Middaugh Sheltrown

Bieda Gleason Milosch Shulman

Bisbee Hager Moolenaar Spade

Bradstreet Hart Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Brown Howell Nitz Steil

Casperson Huizenga Nofs Stewart

Caswell Hummel Palmer Tabor

Caul Hune Palsrok Taub

Condino Hunter Pappageorge Tobocman

Dennis Johnson, Rick Pastor Vagnozzi

DeRoche Johnson, Ruth Pumford Van Regenmorter

DeRossett Julian Richardville Vander Veen

Drolet Koetje Rivet Voorhees

Ehardt Kolb Robertson Walker

Elkins Kooiman Rocca Ward

Emmons LaJoy Sak Wenke

Farhat LaSata Shackleton Wojno

Gaffney Law Shaffer Woronchak

Nays--27

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Stallworth

Anderson Hardman Minore Waters

Byrum Hood Murphy Whitmer

Cheeks Hopgood O'Neil Williams

Clack Jamnick Plakas Woodward

Daniels Lipsey Reeves

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. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this package of bills (SB 863, 865, 867, 872, 875 and HB 5335, 5341, 5342, 5343, 5345) because they have the potential to continue to reduce revenues in the School Aid Fund as well as State and local governments. It also creates another opportunity where our communities will be competing against one another for business locations."

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

House Bill No. 5342, entitled

A bill to amend 1985 PA 224, entitled "Enterprise zone act," by amending section 21c (MCL 125.2121c), as amended by 1998 PA 242.

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

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

Rep. Wenke moved to amend the bill as follows:

1. Amend page 3, following line 18, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

Rep. Steil 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. Hood moved that Rep. Smith 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. 5342, entitled

A bill to amend 1985 PA 224, entitled "Enterprise zone act," by amending section 21c (MCL 125.2121c), as amended by 1998 PA 242.

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

Roll Call No. 270 Yeas--80

Acciavatti Garfield Meyer Sheen

Amos Gillard Middaugh Sheltrown

Bieda Gleason Milosch Shulman

Bisbee Hager Moolenaar Spade

Bradstreet Hart Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Brown Howell Nitz Steil

Casperson Huizenga Nofs Stewart

Caswell Hummel Palmer Tabor

Caul Hune Palsrok Taub

Condino Hunter Pappageorge Tobocman

Dennis Johnson, Rick Pastor Vagnozzi

DeRoche Johnson, Ruth Pumford Van Regenmorter

DeRossett Julian Richardville Vander Veen

Drolet Koetje Rivet Voorhees

Ehardt Kolb Robertson Walker

Elkins Kooiman Rocca Ward

Emmons LaJoy Sak Wenke

Farhat LaSata Shackleton Wojno

Gaffney Law Shaffer Woronchak

Nays--26

Accavitti Farrah McConico Reeves

Adamini Gieleghem Meisner Stallworth

Anderson Hardman Minore Waters

Byrum Hood Murphy Whitmer

Cheeks Hopgood O'Neil Williams

Clack Jamnick Plakas Woodward

Daniels Lipsey

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. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this package of bills (SB 863, 865, 867, 872, 875 and HB 5335, 5341, 5342, 5343, 5345) because they have the potential to continue to reduce revenues in the School Aid Fund as well as State and local governments. It also creates another opportunity where our communities will be competing against one another for business locations."

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

House Bill No. 5345, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 635a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Tax Policy,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Wenke moved to amend the bill as follows:

1. Amend page 2, following line 6, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

Rep. Farhat 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. 5345, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 635a.

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

Roll Call No. 271 Yeas--80

Acciavatti Garfield Meyer Sheen

Amos Gillard Middaugh Sheltrown

Bieda Gleason Milosch Shulman

Bisbee Hager Moolenaar Spade

Bradstreet Hart Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Brown Howell Nitz Steil

Casperson Huizenga Nofs Stewart

Caswell Hummel Palmer Tabor

Caul Hune Palsrok Taub

Condino Hunter Pappageorge Tobocman

Dennis Johnson, Rick Pastor Vagnozzi

DeRoche Johnson, Ruth Pumford Van Regenmorter

DeRossett Julian Richardville Vander Veen

Drolet Koetje Rivet Voorhees

Ehardt Kolb Robertson Walker

Elkins Kooiman Rocca Ward

Emmons LaJoy Sak Wenke

Farhat LaSata Shackleton Wojno

Gaffney Law Shaffer Woronchak

Nays--27

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Stallworth

Anderson Hardman Minore Waters

Byrum Hood Murphy Whitmer

Cheeks Hopgood O'Neil Williams

Clack Jamnick Plakas Woodward

Daniels Lipsey Reeves

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 amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 35a to chapter 2.

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.

______

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

Senate Bill No. 863, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 51f.

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

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

Rep. Wenke moved to amend the bill as follows:

1. Amend page 3, following line 5, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

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

Senate Bill No. 863, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 51f.

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

Roll Call No. 272 Yeas--81

Acciavatti Gillard Meyer Sheen

Amos Gleason Middaugh Sheltrown

Bieda Hager Milosch Shulman

Bisbee Hart Moolenaar Spade

Bradstreet Hoogendyk Mortimer Stahl

Brandenburg Howell Newell Stakoe

Brown Huizenga Nitz Steil

Casperson Hummel Nofs Stewart

Caswell Hune Palmer Tabor

Caul Hunter Palsrok Taub

Condino Johnson, Rick Pappageorge Tobocman

Dennis Johnson, Ruth Pastor Vagnozzi

DeRoche Julian Pumford Van Regenmorter

DeRossett Koetje Richardville Vander Veen

Drolet Kolb Rivet Voorhees

Ehardt Kooiman Robertson Walker

Elkins LaJoy Rocca Ward

Emmons LaSata Sak Wenke

Farhat Law Shackleton Wojno

Gaffney Lipsey Shaffer Woronchak

Garfield

Nays--26

Accavitti Farrah Meisner Smith

Adamini Gieleghem Minore Stallworth

Anderson Hardman Murphy Waters

Byrum Hood O'Neil Whitmer

Cheeks Hopgood Plakas Williams

Clack Jamnick Reeves Woodward

Daniels McConico

In The Chair: Julian

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

"An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

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

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

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

"Mr. Speaker and members of the House:

I voted no on this package of bills (SB 863, 865, 867, 872, 875 and HB 5335, 5341, 5342, 5343, 5345) because they have the potential to continue to reduce revenues in the School Aid Fund as well as State and local governments. It also creates another opportunity where our communities will be competing against one another for business locations."

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

Senate Bill No. 865, entitled

A bill to amend 1953 PA 189, entitled "An act to provide for the taxation of lessees and users of tax-exempt property," (MCL 211.181 to 211.182) by adding section 1a.

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

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

Rep. Wenke moved to amend the bill as follows:

1. Amend page 3, following line 4, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

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

Senate Bill No. 865, entitled

A bill to amend 1953 PA 189, entitled "An act to provide for the taxation of lessees and users of tax-exempt property," (MCL 211.181 to 211.182) by adding section 1a.

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

Roll Call No. 273 Yeas--80

Acciavatti Garfield Meyer Sheen

Amos Gillard Middaugh Sheltrown

Bieda Gleason Milosch Shulman

Bisbee Hager Moolenaar Spade

Bradstreet Hart Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Brown Howell Nitz Steil

Casperson Huizenga Nofs Stewart

Caswell Hummel Palmer Tabor

Caul Hune Palsrok Taub

Condino Hunter Pappageorge Tobocman

Dennis Johnson, Rick Pastor Vagnozzi

DeRoche Johnson, Ruth Pumford Van Regenmorter

DeRossett Julian Richardville Vander Veen

Drolet Koetje Rivet Voorhees

Ehardt Kolb Robertson Walker

Elkins Kooiman Rocca Ward

Emmons LaJoy Sak Wenke

Farhat LaSata Shackleton Wojno

Gaffney Law Shaffer Woronchak

Nays--26

Accavitti Farrah Meisner Smith

Adamini Gieleghem Minore Stallworth

Anderson Hardman Murphy Waters

Byrum Hood O'Neil Whitmer

Cheeks Hopgood Plakas Williams

Clack Jamnick Reeves Woodward

Daniels Lipsey

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. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this package of bills (SB 863, 865, 867, 872, 875 and HB 5335, 5341, 5342, 5343, 5345) because they have the potential to continue to reduce revenues in the School Aid Fund as well as State and local governments. It also creates another opportunity where our communities will be competing against one another for business locations."

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

Senate Bill No. 867, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 51105 (MCL 324.51105), as amended by 1996 PA 451.

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

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

Rep. Wenke moved to amend the bill as follows:

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

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

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

Senate Bill No. 867, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 51105 (MCL 324.51105), as amended by 1996 PA 451.

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

Roll Call No. 274 Yeas--80

Acciavatti Gillard Meyer Sheen

Amos Gleason Middaugh Sheltrown

Bisbee Hager Milosch Shulman

Bradstreet Hardman Moolenaar Spade

Brandenburg Hart Mortimer Stahl

Brown Hoogendyk Newell Stakoe

Casperson Howell Nitz Steil

Caswell Huizenga Nofs Stewart

Caul Hummel Palmer Tabor

Condino Hune Palsrok Taub

Dennis Hunter Pappageorge Tobocman

DeRoche Johnson, Rick Pastor Vagnozzi

DeRossett Johnson, Ruth Pumford Van Regenmorter

Drolet Julian Richardville Vander Veen

Ehardt Koetje Rivet Voorhees

Elkins Kolb Robertson Walker

Emmons Kooiman Rocca Ward

Farhat LaJoy Sak Wenke

Gaffney LaSata Shackleton Wojno

Garfield Law Shaffer Woronchak

Nays--27

Accavitti Daniels McConico Smith

Adamini Farrah Meisner Stallworth

Anderson Gieleghem Minore Waters

Bieda Hood Murphy Whitmer

Byrum Hopgood O'Neil Williams

Cheeks Jamnick Plakas Woodward

Clack Lipsey Reeves

In The Chair: Julian

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

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

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

______

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

"Mr. Speaker and members of the House:

I voted no on this package of bills (SB 863, 865, 867, 872, 875 and HB 5335, 5341, 5342, 5343, 5345) because they have the potential to continue to reduce revenues in the School Aid Fund as well as State and local governments. It also creates another opportunity where our communities will be competing against one another for business locations."

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

Senate Bill No. 872, entitled

A bill to amend 1984 PA 385, entitled "Technology park development act," by amending section 12 (MCL 207.712), as amended by 1996 PA 445.

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

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

Rep. Wenke moved to amend the bill as follows:

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

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

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

Senate Bill No. 872, entitled

A bill to amend 1984 PA 385, entitled "Technology park development act," by amending section 12 (MCL 207.712), as amended by 1996 PA 445.

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

Roll Call No. 275 Yeas--80

Acciavatti Garfield Meyer Sheen

Amos Gillard Middaugh Sheltrown

Bieda Gleason Milosch Shulman

Bisbee Hager Moolenaar Spade

Bradstreet Hart Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Brown Howell Nitz Steil

Casperson Huizenga Nofs Stewart

Caswell Hummel Palmer Tabor

Caul Hune Palsrok Taub

Condino Hunter Pappageorge Tobocman

Dennis Johnson, Rick Pastor Vagnozzi

DeRoche Johnson, Ruth Pumford Van Regenmorter

DeRossett Julian Richardville Vander Veen

Drolet Koetje Rivet Voorhees

Ehardt Kolb Robertson Walker

Elkins Kooiman Rocca Ward

Emmons LaJoy Sak Wenke

Farhat LaSata Shackleton Wojno

Gaffney Law Shaffer Woronchak

Nays--27

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Stallworth

Anderson Hardman Minore Waters

Byrum Hood Murphy Whitmer

Cheeks Hopgood O'Neil Williams

Clack Jamnick Plakas Woodward

Daniels Lipsey Reeves

In The Chair: Julian

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

"An act to provide for the establishment of technology park districts in local governmental units; to provide certain facilities located in technology park districts an 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 certain state agencies and officers and certain officers of local governmental units; and to provide remedies and penalties,"

The House agreed to the full title.

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

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

______

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

"Mr. Speaker and members of the House:

I voted no on this package of bills (SB 863, 865, 867, 872, 875 and HB 5335, 5341, 5342, 5343, 5345) because they have the potential to continue to reduce revenues in the School Aid Fund as well as State and local governments. It also creates another opportunity where our communities will be competing against one another for business locations."

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

Senate Bill No. 875, entitled

A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 of chapter 1 (MCL 141.1155), as amended by 1998 PA 241.

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

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

Rep. Wenke moved to amend the bill as follows:

1. Amend page 3, following line 2, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5331 of the 92nd Legislature is enacted into law.".

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

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

Senate Bill No. 875, entitled

A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 of chapter 1 (MCL 141.1155), as amended by 1998 PA 241.

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

Roll Call No. 276 Yeas--80

Acciavatti Garfield Meyer Sheen

Amos Gillard Middaugh Sheltrown

Bieda Gleason Milosch Shulman

Bisbee Hager Moolenaar Spade

Bradstreet Hart Mortimer Stahl

Brandenburg Hoogendyk Newell Stakoe

Brown Howell Nitz Steil

Casperson Huizenga Nofs Stewart

Caswell Hummel Palmer Tabor

Caul Hune Palsrok Taub

Condino Hunter Pappageorge Tobocman

Dennis Johnson, Rick Pastor Vagnozzi

DeRoche Johnson, Ruth Pumford Van Regenmorter

DeRossett Julian Richardville Vander Veen

Drolet Koetje Rivet Voorhees

Ehardt Kolb Robertson Walker

Elkins Kooiman Rocca Ward

Emmons LaJoy Sak Wenke

Farhat LaSata Shackleton Wojno

Gaffney Law Shaffer Woronchak

Nays--27

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Stallworth

Anderson Hardman Minore Waters

Byrum Hood Murphy Whitmer

Cheeks Hopgood O'Neil Williams

Clack Jamnick Plakas Woodward

Daniels Lipsey Reeves

In The Chair: Julian

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

"An act to permit the imposition, revival, and continued collection by cities of a population of 750,000 or more of a utility users tax; to provide the procedure for, and to require the adoption of a prescribed uniform city utility users tax ordinance by cities desiring to impose and collect such a tax; to limit the rate of such tax; to prescribe the powers and duties of the state commissioner of revenue; and to provide for appeals,"

The House agreed to the full title.

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

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

______

Rep. Accavitti, 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 the companion package of bills to HB 5331 which were deemed to assist 'start-up' businesses (HB 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

Second Reading of Bills

House Bill No. 5331, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 31a.

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

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

Rep. O'Neil moved to amend the bill as follows:

1. Amend page 1, line 2, after "taxpayer" by inserting:

"that meets the criteria under subsection (4) and".

2. Amend page 3, following line 4, by inserting:

"(4) For the tax year for which a credit under this section is claimed, compensation, director's fees, or distributive shares paid by the taxpayer to any 1 of the following does not exceed $135,000.00:

(a) A shareholder or officer of a corporation other than an S corporation.

(b) A partner of a partnership or limited liability partnership.

(c) A shareholder of an S corporation.

(d) A member of a limited liability corporation.

(e) An individual who is an owner." and renumbering the remaining subsection.

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

Rep. Wenke 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. 5331, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 31a.

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

Roll Call No. 277 Yeas--103

Accavitti Gaffney Meyer Sheltrown

Acciavatti Garfield Middaugh Shulman

Adamini Gieleghem Milosch Smith

Amos Gillard Minore Spade

Anderson Gleason Moolenaar Stahl

Bieda Hager Mortimer Stakoe

Bisbee Hardman Murphy Stallworth

Bradstreet Hart Newell Steil

Brandenburg Hood Nitz Stewart

Brown Hoogendyk Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Clack Johnson, Rick Plakas Voorhees

Condino Johnson, Ruth Pumford Walker

Daniels Julian Reeves Ward

Dennis Koetje Richardville Waters

DeRoche Kolb Rivet Wenke

DeRossett Kooiman Robertson Whitmer

Ehardt LaJoy Rocca Williams

Elkins LaSata Sak Wojno

Emmons Law Shackleton Woodward

Farhat Lipsey Shaffer Woronchak

Farrah McConico Sheen

Nays--4

Drolet Hopgood Hummel Meisner

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. Hopgood, 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 the package of bills deemed to assist 'start-up' businesses (HB 5331, 5335, 5341-43, 5345; SB 863, 865, 867, 872, 875) because they will actually amount to very little in terms of tax relief to business but will cost the state treasury up to $15 million at a time when, if revenues are not increased, significant reductions will have to take place in programs to seniors, education and health care.

The bills also have the potential of undermining existing economic development programs and incentives and pitting local units against each other in the race to land businesses. Local units will again be forced to choose."

By unanimous consent the House returned to the order of

Messages from the Senate

The Senate requested the return of

House Bill No. 5307, entitled

A bill to enact the uniform principal and income act; to prescribe the manner in which receipts and expenditures of trusts and estates are credited and charged between income and principal, and the manner in which income is apportioned among beneficiaries at the beginning and upon the termination of a trust or estate; to make uniform the law with respect to principal and income allocation; and to repeal acts and parts of acts.

(The bill was received from the Senate on April 21, with an amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 22, see House Journal No. 32, p. 738.)

The question being on concurring in the amendment made to the bill by the Senate,

Rep. Richardville moved that the request of the Senate be granted.

The motion prevailed.

______

Rep. Richardville 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. Clack, Murphy, Condino, Tobocman, Accavitti, Elkins, Law, Hopgood, Bieda, Lipsey, Adamini, Whitmer, Kolb, Gillard, Anderson, Byrum, Sheltrown, Brown, Ruth Johnson, Pappageorge, Meisner, Phillips, Hood, Farhat, Hart, Farrah, O'Neil, Sak, Plakas, Spade, Hunter, Kooiman, Hager, Ehardt, Mortimer, Stewart, Pumford, Gieleghem, Middaugh, Gaffney, Wojno, Moolenaar, Ward, LaJoy, Emmons, McConico, Waters, Acciavatti, Brandenburg, Daniels, Dennis, DeRossett, Gleason, Huizenga, Jamnick, LaSata, Minore, Richardville, Rivet, Shulman, Stallworth, Taub and Vagnozzi offered the following resolution:

House Resolution No. 240.

A resolution to commemorate the 50th anniversary of Brown et. al. v. Board of Education of Topeka, KS et. al., 347 U.S. 483, the 1954 United States Supreme Court decision that officially ended state and local government sanctioned school segregation in America.

Whereas, Between 1865 and 1875 there were various attempts to bestow upon emancipated African-Americans the same rights and protections under the law that other citizens enjoyed. Yet there were many who were not receptive to the idea of emancipated African-Americans and instituted Jim Crow laws and Black Codes as methods to circumvent most state and federal protections. These laws and codes served as a badge of second-class citizenry that deprived this emancipated population of their political rights, civil liberties, and economic opportunities; and

Whereas, In 1896, the United States Supreme Court stamped its seal of approval on Jim Crow laws and Black Codes when it upheld the state of Louisiana in the case Plessy v. Ferguson, 163 U.S. 537 (1896), giving birth to "separate but equal," a doctrine that haunted this country and oppressed African-Americans for decades; and

Whereas, In the face of intense adversity, a group of multicultural visionaries responded to the calling of their forefathers and foremothers by founding the National Association for the Advancement of Colored People (NAACP) in 1909 to renew and reinvigorate the continued struggle against bigotry and second-class citizenship that was synonymous with being American; and

Whereas, The NAACP and others steadfastly fought to correct one of the gravest injustices of that era, state and local government sanctioned racial segregation of schools because education and hard work were considered among the cornerstones of success in America. African-American children could not attend school with white children solely because of the color of their skin. African-American students had to learn in substandard educational facilities, with lesser qualified teachers, amongst overcrowded classrooms, often with outdated secondhand textbooks, or no textbooks at all. There were no buses, no cafeterias, and no diverse class options, all the amenities that other students enjoyed. It was in the arena of education that the fallacy of "separate but equal" was best exemplified and African-American students learned hard that there was nothing equal about being separate; and

Whereas, A young African-American girl named Linda Brown could not attend the elementary school located in her neighborhood solely because of her skin color. Instead, she had to walk a mile or more to attend a school specifically set-up for children of her ethnicity. Her parents refused to settle for this way of life. They instead turned to their local NAACP; and

Whereas, Under the brilliant legal leadership of Thurgood Marshall, the NAACP continued on its jurisprudential path toward equality in education and eventually argued before the United States Supreme Court that state and local government sanctioned segregation in schools had a profound psychological and sociological effect on African-American children and served to perpetuate feelings of inferiority among African-American students. Brown was one of five cases challenging that segregation in education was unconstitutional; and

Whereas, On May 17, 1954, the United States Supreme Court stunned the nation and set it on a path toward change. On that day, the United States Supreme Court demolished one of many lingering remnants of slavery and voiced the strong message that "in the field of public education, the doctrine of 'separate but equal' has no place." And as if to assure the nation that it neither stuttered nor stumbled in its original ruling, one year later in a second case, Brown II, 349 U.S. 294 (1955), the Court ordered desegregation of schools "with all deliberate speed." The Brown victory was the catalyst that sparked an unforgettable era of progress towards true equality not only in education, but in America; and

Whereas, Fifty years after Brown we stand holding the torch of our past and light of our future as we lead the fight against injustices that still exist in education systems around the country, including here in the state of Michigan, where we are challenged by residential segregation and socioeconomic inequities. It is in these economically depressed areas that high school drop-out rates are at their highest, state mandated test scores are at their lowest, and many students are hindered from reaching their highest potential. Such inequities showcase the difference between a dream achieved, a dream deferred, or no dream at all; and

Whereas, The task before us is to make certain that no child is left behind educationally, while knowing that all children need and deserve the same tools to make this concept a true reality. The challenge is still before us to make sure that all schools attract and keep the most qualified teachers, the best learning materials, and safe and modern facilities conducive to learning, whether the student hails from the wealthiest or poorest areas of Michigan. Simply put, there are no shortages of battles in the arena of education. The Brown decision was the starting point, not the end; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the golden jubilee of Brown vs. Board of Education, and the end of state and local government sanctioned segregation in America's education system. We stand proud in saluting the NAACP, the Brown family, and all those brave souls who fought valiantly for the enduring legacy that we celebrate and continue to protect today.

Resolved, That a copy of this resolution be transmitted to the NAACP and the Brown family as evidence of our commemoration.

Pending the reference of the resolution to a committee,

Rep. Richardville 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. Gieleghem, Dennis, Vagnozzi, Condino, Farrah, Plakas, Accavitti, Cheeks, Wojno, Jamnick, Elkins, Meisner, Gillard, Adamini, Woodward, Lipsey, Bieda, Drolet, Garfield, Acciavatti, Brandenburg, Clack, Daniels, Gleason, Murphy, Stallworth and Waters offered the following concurrent resolution:

House Concurrent Resolution No. 52.

A concurrent resolution calling on the Board of Regents of Eastern Michigan University to resign for misuse of funds.

Whereas, Our institutions of higher education represent an enormous investment made by generations of Michigan residents and students and their families from all over the world. It has been most frustrating, therefore, for citizens of this state to learn of recent decisions made by the university's leadership with regard to costs being paid for the president's housing. Many aspects of this project are inconsistent with good public policy and violate the trust placed in the leadership by state taxpayers and EMU's students and staff; and

Whereas, The Board of Regents and the President of Eastern Michigan University are spending $5.2 million--more than twice the original amount budgeted--for a 10,200-square foot home for the President. In doing this, the university's leadership violated state law by failing to report that the university's funds were being spent on this project, which also failed to include the consideration of competitive bids; and

Whereas, While spending public money inappropriately is always cause for concern, these elaborate expenditures are particularly frustrating at a time when the university clearly has more urgent needs to meet. Eastern Michigan University faces the same financial situation shared throughout the state, which has occasioned double digit tuition rate percentage increases. Improvements, repairs, and renovations of at least two classroom buildings and construction of a needed parking garage are all on hold during this period of financial difficulty. With many dorms in disrepair, the excessive spending for the President's housing reflects priorities that are not at all in keeping with those of the taxpayers of our state or the rest of the university community; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we call on the Board of Regents of Eastern Michigan University to resign for misuse of funds in connection with the construction of housing for the President of Eastern Michigan University; and be it further

Resolved, That copies of this resolution be transmitted to the Board of Regents and the President of Eastern Michigan University.

The concurrent resolution was referred to the Committee on Higher Education.

Reps. Van Regenmorter, Accavitti, Bieda, Brandenburg, Caswell, Caul, Daniels, DeRossett, Ehardt, Farhat, Garfield, Gieleghem, Gleason, Hager, Huizenga, Hummel, Jamnick, Ruth Johnson, Kolb, LaSata, Meyer, Milosch, Minore, Nitz, Nofs, Palmer, Pappageorge, Pastor, Richardville, Rivet, Sak, Shaffer, Shulman, Stahl, Stallworth, Tabor, Taub, Tobocman, Vander Veen, Voorhees and Walker offered the following concurrent resolution:

House Concurrent Resolution No. 53.

A concurrent resolution to call upon the Michigan Department of Transportation to review the current status of alternatives to road salt based on information from existing studies, trials, and tests and to make recommendations for advancing the use of alternatives at the state and local level.

Whereas, Numerous studies and environmental assessments indicate that road salt is a factor in the corrosion of vehicles, roads, and bridges, and that road salt also is harmful to the environment and causes crop damage; and

Whereas, Road salt is accumulating in the Great Lakes in detectable levels; and

Whereas, In recent years, a number of new salt alternatives have been developed and are currently being tested by the Michigan Department of Transportation and many local road commissions; and

Whereas, Michigan has a compelling interest in preserving our environment, our agricultural base, and our infrastructure. Studies and trials have independently yielded a great deal of information on alternatives available to road salt; and

Whereas, We recognize that cost is a factor for the state and local road authorities in choosing a method to keep roads free of snow and ice; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we call upon the Michigan Department of Transportation to review information gained from studies and trials and assess a number of factors that can advance the use of alternatives to road salt. The review should assess the feasibility of using alternative materials on a broad scale throughout the state, alone or in combination with road salt, with specific focus on the long-term cost effectiveness of alternatives with factors such as erosion, crop damage, and environmental damage taken into account; and be it further

Resolved, That we call upon the department to investigate road salt application strategies that result in a reduction of the amount of road salt used without compromising public safety; and be it further

Resolved, That we call upon the department to make recommendations on the practical usage of salt alternatives and reduction strategies by the state and by local road commissions in a manner that is both safe and effective and cost effective over the long-term; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Transportation.

The concurrent resolution was referred to the Committee on Transportation.

Reports of Standing Committees

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

House Bill No. 5665, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261c.

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

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 27, 2004

Present: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 5038, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 1 (MCL 125.1801), as amended by 1998 PA 499.

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

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick and Hardman

Nays: None

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 5657, entitled

A bill to amend 1992 PA 116, entitled "Records media act," by amending the title and sections 1, 2, and 3 (MCL 24.401, 24.402, and 24.403), section 2 as amended by 2001 PA 72, and by adding sections 4, 5, and 6.

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

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, DeRossett, Hager, Stakoe, Jamnick, Tobocman and Accavitti

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ward, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Tuesday, April 27, 2004

Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti

The Committee on Commerce, by Rep. Bisbee, Chair, reported

Senate Bill No. 869, 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 impose and provide for the disposition of an administrative fee; 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 section 11 (MCL 207.561), as amended by 2001 PA 157.

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

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Milosch, Palsrok and Wenke

Nays: None

The Committee on Commerce, by Rep. Bisbee, Chair, reported

Senate Bill No. 1093, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37f.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Milosch, Palsrok and Wenke

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 27, 2004

Present: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Wenke, Rivet, McConico, Murphy, Tobocman and Accavitti

Absent: Reps. Hune, O'Neil and Lipsey

Excused: Reps. Hune, O'Neil and Lipsey

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ward, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Thursday, April 22, 2004

Present: Reps. Ward, Robertson, Hager, Stakoe, Wenke, Jamnick, Tobocman and Accavitti

Absent: Reps. DeRossett, Drolet and Hardman

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 27, 2004

Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Condino and Smith

Absent: Rep. Bieda

Excused: Rep. Bieda

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, April 21:

Senate Bill Nos. 1146 1147 1148 1149 1150

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, April 23:

House Bill Nos. 5797 5798 5799 5800 5801 5802 5803 5804 5805 5806 5807 5808 5809 5810 5811 5812 5813 5814 5815 5816 5817 5818 5819 5820 5821

The Clerk announced the enrollment printing and presentation to the Governor on Monday, April 26, for her approval of the following bill:

Enrolled House Bill No. 5466 at 11:11 a.m.

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, April 27, for her approval of the following bill:

Enrolled House Bill No. 4160 at 11:48 a.m.

The Clerk announced that the following Senate bills had been received on Tuesday, April 27:

Senate Bill Nos. 943 944

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 943, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1169 and 1507 (MCL 380.1169 and 380.1507), as amended by 1993 PA 335, and by adding section 1507b.

The Senate has passed the bill.

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

Senate Bill No. 944, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 166a (MCL 388.1766a), as amended by 2003 PA 158.

The Senate has passed the bill.

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

Notices

Pursuant to Rule 44, the Speaker has made the following reassignment:

House Bill No. 5821 referred to the Committee on Judiciary.

Messages from the Governor

Date: April 21, 2004

Time: 2:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5445 (Public Act No. 80, I.E.), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending section 37c (MCL 208.37c), as amended by 2003 PA 251.

(Filed with the Secretary of State April 22, 2004, at 10:13 a.m.)

Date: April 22, 2004

Time: 9:20 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5365 (Public Act No. 84, I.E.), being

An act to repeal 1905 LA 653, entitled "An act to provide the manner of voting by the members of the board of supervisors of Saginaw county.".

(Filed with the Secretary of State April 22, 2004, at 10:21 a.m.)

Date: April 22, 2004

Time: 9:22 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5641 (Public Act No. 85, I.E.), being

An act to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 17 (MCL 46.17); and to repeal acts and parts of acts.

(Filed with the Secretary of State April 22, 2004, at 10:23 a.m.)

Communications from State Officers

The following communication from the Office of the State Budget was received and read:

April 16, 2004

This letter transmits the "Statement of the Proportion of Total State Spending From State Sources Paid to Units of LocalGovernment ­ Legal Basis" for fiscal year 2002-2003, which has been prepared in accordance with Sections 18.1115(5), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution.

If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.

Sincerely,

Mary A. Lannoye

State Budget Director

The communication was referred to the Clerk.

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

April 22, 2004

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

Performance Audit of the Single Business Tax Program

Within the Return Processing and Customer Contact Divisions,

Department of Treasury

April 2004

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 Government Operations.

Introduction of Bills

Reps. Ruth Johnson, Stakoe, Julian, Rocca and Bradstreet introduced

House Bill No. 5822, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.

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

Reps. Wenke, Lipsey, Shaffer, Kooiman, Taub, Hoogendyk, Sheen, Richardville, Palmer, Robertson and Nofs introduced

House Bill No. 5823, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7hh.

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

Reps. Wenke, Lipsey, Shaffer, Kooiman, Taub, Sheen, Hoogendyk, Richardville, Palmer, Robertson and Nofs introduced

House Bill No. 5824, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9j.

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

Reps. Hoogendyk, Sheen and Drolet introduced

House Joint Resolution X, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article IV, to limit the legislative session.

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

______

Rep. Daniels moved that the House adjourn.

The motion prevailed, the time being 3:40 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 28, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives