No. 66
JOURNAL OF THE SENATE
Senate Chamber, Lansing, Wednesday, October 4, 2000.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator John J.H. Schwarz.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Bennett--excused | Hammerstrom--present | Rogers--present |
Bullard--present | Hart--present | Schuette--present |
Byrum--present | Hoffman--present | Schwarz--present |
Cherry--present | Jaye--present | Shugars--present |
DeBeaussaert--present | Johnson--present | Sikkema--present |
DeGrow--present | Koivisto--present | A. Smith--present |
Dingell--present | Leland--present | V. Smith--present |
Dunaskiss--present | McCotter--present | Steil--present |
Emerson--present | McManus--present | Stille--present |
Emmons--present | Miller--present | Van Regenmorter--present |
Gast--present | Murphy--present | Vaughn--excused |
Goschka--present | North--present | Young--present |
Gougeon--present Peters--present
Senator Walter H. North of the 37th District offered the following invocation:
Dear God, on this fall day in our great state we give thanks for the opportunity to serve the citizens of Michigan. Please grant us the wisdom and the compassion to arrive at solutions to problems facing our citizenry in a way that is fair and equitable to all.
While we also serve the citizens, we realize that the Master who we really serve is You. We ask all the preceding in Thy name. Amen.
Senator Emmons entered the Senate Chamber.
Motions and Communications
Senator Rogers moved that rule 3.902 be suspended to allow the guest of Senators McManus, Johnson and his admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Rogers moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Rogers moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 10:05 a.m.
10:16 a.m.
The Senate was called to order by the President pro tempore, Senator Schwarz.
Senators Rogers and McManus introduced to the Senate actor Mr. Jeff Daniels.
Senator Johnson presented him with Senate Resolution No. 213, designating October 4, 2000, as Jeff Daniels Day.
Mr. Daniels responded briefly.
During the recess, Senator Bullard entered the Senate Chamber.
Senator Emerson moved that Senator V. Smith be temporarily excused from today's session.
The motion prevailed.
Senator Emerson moved that Senator Vaughn be excused from today's session.
The motion prevailed.
Senator Emmons asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Emmons' statement is as follows:
I have a staff person who has been with me off and on for a long time. He's been my Finance Committee Clerk, and he has just done a wonderful job. Travis R. Carr has now passed the bar. He is going to be going back to Greenville to join his father's firm there. We in my office are going to miss his meticulous efforts to get us organized. If you have known all my staffers that's why Travis had an uphill battle, and he did it very well.
We wish him the very best. He's going to make a wonderful attorney to represent people. I'd like my colleagues to bid him good-bye. Travis, please rise.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, October 3:
House Bill Nos. 5584 5951
Messages from the Governor
The following message from the Governor was received:
Date: October 3, 2000
Time: 9:48 a.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No. 967 (Public Act No. 298), being
An act to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
(Filed with the Secretary of State on October 3, 2000, at 2:15 p.m.)
Respectfully,
John Engler
Governor
The following message from the Governor was received and read:
October 3, 2000
Today I have signed Enrolled Senate Bill 967, the Fiscal Year 2001 appropriations for Higher Education. This budget increases general fund support for higher education by $106.5 million over the Fiscal Year 2000 level and total funding by $119 million. This added support ensures Michigan's higher education institutions will remain accessible and affordable.
The increase in direct operating funds to our state's 15 universities is 6.1%, nearly double the projected inflation rate. This marks the seventh consecutive year that the state aid increase for university operations has been at or above inflation. Since 1995 state-operating support has increased 32.5% compared to inflation of 17.5%.
State universities will also benefit from the additional $45 million in one-time Fiscal Year 2000 supplemental appropriations for infrastructure, technology, equipment and special maintenance needs appropriated in Public Act 291. With the increase in operational resources for Fiscal Year 2001 and the additional Fiscal Year 2000 supplemental appropriation, universities will experience a 9.1% increase in support over the Fiscal Year 2000 level.
The Fiscal Year 2001 higher education budget recognizes the five university tiers and related funding floors established last year to address historical funding inequities between universities. The additional funding in this budget brings all universities except Michigan State University and Grand Valley State University up to their proposed funding floor. All universities will receive a minimum operating increase of 5% and 10 universities receive an even greater increase. The largest increase of 10% is provided to Central Michigan University and Grand Valley State University.
The Fiscal Year 2001 budget also continues our efforts to make higher education affordable for Michigan citizens by placing restrictions on resident undergraduate tuition and fee increases which exceed 4%.
Included in the bill is $110 million to fund 44,000 Michigan Merit Awards to assist next year's high school graduates with post-secondary education costs. This funding recognizes the success of Michigan's youth in demonstrating academic achievement through the MEAP test or other standardized tests.
The higher education budget also increases state support for our independent colleges and universities by increasing tuition grants to students and degree reimbursement grants to institutions by 4.75%--well above the projected inflation rate of 3.2%.
The Agricultural Experiment Station (AES) and Cooperative Extension Service (CES) receive a base increase of 5% under the Fiscal Year 2001 budget. In addition a total of $6.1 million is added to reflect the transfer of Project GREEEN from the Agricultural budget.
The signing of this Fiscal Year 2001 higher education budget bill, in combination with the Fiscal Year 2000 supplemental funding provided in Public Act 291, completes action on the Fiscal Year 2001 state budget and demonstrates the high priority we continue to give to our colleges and universities. Michigan's system of higher education continues to be one of the finest and most respected in the nation. I thank the Legislature for its work on this important legislation.
Sincerely,
John Engler
Governor
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Rogers moved that Senator Stille be temporarily excused from today's session.
The motion prevailed.
Senator Rogers moved that Senator Bennett be excused from today's session.
The motion prevailed.
By unanimous consent the Senate proceeded to consideration of the following bill:
House Bill No. 5063, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1999 PA 241.
The above bill was read a third time.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 631 Yeas--33
Bullard | Gast | Koivisto | Rogers |
Byrum | Goschka | Leland | Schuette |
Cherry | Gougeon | McCotter | Schwarz |
DeBeaussaert | Hammerstrom | McManus | Shugars |
DeGrow | Hart | Miller | Sikkema |
Dingell | Hoffman | Murphy | Steil |
Dunaskiss | Jaye | North | Van Regenmorter |
Emerson | Johnson | Peters | Young |
Emmons
Nays--0
Excused--4
Bennett Smith, V. Stille Vaughn
Not Voting--1
Smith, A.
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5803, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20175 (MCL 333.20175), as amended by 1993 PA 79.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 632 Yeas--34
Bullard | Gast | Leland | Schuette |
Byrum | Goschka | McCotter | Schwarz |
Cherry | Gougeon | McManus | Shugars |
DeBeaussaert | Hammerstrom | Miller | Sikkema |
DeGrow | Hart | Murphy | Smith, A. |
Dingell | Hoffman | North | Steil |
Dunaskiss | Jaye | Peters | Van Regenmorter |
Emerson | Johnson | Rogers | Young |
Emmons Koivisto
Nays--0
Excused--4
Bennett Smith, V. Stille Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".
The Senate agreed to the full title.
Senator A. Smith stated that had she been present when the vote was taken on the passage of the following bill, she would have voted "yea":
House Bill No. 5063
The following bill was read a third time:
Senate Bill No. 1364, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 203 (MCL 259.203).
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 633 Yeas--33
Bullard | Gast | Koivisto | Rogers |
Byrum | Goschka | Leland | Schuette |
Cherry | Gougeon | McCotter | Schwarz |
DeBeaussaert | Hammerstrom | McManus | Shugars |
DeGrow | Hart | Miller | Sikkema |
Dingell | Hoffman | Murphy | Smith, A. |
Dunaskiss | Jaye | North | Van Regenmorter |
Emerson | Johnson | Peters | Young |
Emmons
Nays--0
Excused--4
Bennett Smith, V. Stille Vaughn
Not Voting--1
Steil
In The Chair: Schwarz
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5754, entitled
A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending sections 12b, 12c, 12d, 13, 13a, 14, 16, 17, 19, 20a, 20c, 20d, and 20e (MCL 38.1132b, 38.1132c, 38.1132d, 38.1133, 38.1133a, 38.1134, 38.1136, 38.1137, 38.1139, 38.1140a, 38.1140c, 38.1140d, and 38.1140e), sections 12b, 12c, and 12d as added and sections 13, 14, 16, 17, 19, 20a, 20d, and 20e as amended by 1996 PA 485, section 13a as added by 1998 PA 343, and section 20c as amended by 1997 PA 42; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Jaye offered the following amendments:
1. Amend page 21, line 14, by striking out all of section 20d.
2. Amend page 23, line 4, by striking out all of enacting section 1 and inserting:
"Enacting section 1. Sections 20d, 20i, and 20j of the public employee retirement system investment act, 1965 PA 314, MCL 38.1140d, 38.1140i, and 38.1140j, are repealed.".
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Jaye asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Jaye's first statement is as follows:
We have an opportunity from time to time to vote on budget bills and other bills that have big fiscal impacts, but this is an extraordinary amount of money that we are talking about on House Bill No. 5754. What this bill would do would allow the state treasurer to invest up to 20 percent of the state employees pension fund, which right now is approximately $54 billion, and it would allow other pension funds over a billion to invest 15 percent of their assets and were called nonqualified investments. This is gambling--these are very risky, very risky investment vehicles. In fact, we've had similar circumstances, Orange County for instance had its high risk, high yield derivatives that lead to its very well publicized bankruptcy and services were cut. They had to sell their assets, like the John Wayne Airport. The voters rejected a tax increase, and the county ended up having to borrow money to make up for the shortfall. Here in Michigan this has happened several times when pension funds have invested in very risky real estate ventures that have gone broke. In fact, I remember in the Michigan House passing a bill that enabled Hamtramck officials to impose a tax increase to pay for unfunded police and fire liability after the Hamtramck voters said no because the Hamtramck police and fire pension investors invested in very speculative stocks.
I talked to the Treasury Department and today the treasury is investing in derivatives, which is basically a risk, a gamble on which way the currency fluctuates. They have the ability to invest in commodities, and they also are investing in futures, which is also a gamble. If we gamble with public pensions, we are gambling with the taxpayers' monies because this is a duty, an obligation that we and any future Legislature are going to have to pay.
I've got the highest respect for our treasurer and his employees. They do a tremendous job. There's an opportunity for them to make a whole lot of money with these risky investments, but there's also a real risk of a huge loss--of a huge loss. So what my amendment says is let's have these nonqualified investments removed from the portfolio. If we as individuals, if our constituents as individuals, cannot have our 401Ks and our 457s in these kinds of risky investments--even a mutual fund of these risky investments--why should the treasurer? So what this says is let's not have happen for our teachers, our public employees, our police department, and other local employees--let's not have happened again in Michigan what happened with Detroit and Hamtramck and other areas and what happened in Orange County.
So the first amendment would say they can invest with the full latitude on the traditional high growth, international bonds and stocks and other equities. But by their own definition, by the Securities and Exchange Commission definition, they would not be able to invest in the nonqualified investments. That's why they're called nonqualified investments. People don't want to have their fund administrators treating their investments as if it's a weekend at Caesar's Palace in Las Vegas. We want to be prudent, and we want to have growth, but we don't want to gamble with people's retirement. I request your support of this amendment.
Senator V. Smith entered the Senate Chamber.
Senator Jaye offered the following amendment:
1. Amend page 18, following line 2, by inserting:
"(3) A FIDUCIARY SHALL NOT INVEST THE ASSETS OF A SYSTEM IN ANY PUBLIC PROJECT WITHOUT THE PRIOR APPROVAL OF THE LEGISLATURE.".
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Jaye asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Jaye's second statement is as follows:
This amendment says that the pension administrator shall not invest the assets of a system in any public project without prior approval of the Legislature. What this is trying to get at is the ability now that the treasurer would have to invest pension money into public works projects that the House and Senate may not agree with. And whether the executive branch is Republican or Democrat, we should have concurrence in the Legislature.
To give you an idea of how much money we're talking about, 20 percent of the $54 billion state employees pension is more than the entire General Fund, not counting K-12 spending. The treasurer will have the ability to invest an entire year's budget in the state of Michigan and almost an entire year's worth of kindergarten through 12th grade without legislative approval. It could have a minor negotiable revenue stream: maybe it could be a casino; maybe it could be a sports stadium; maybe it could be a public housing unit; maybe it could be a subway. Any kind of investment that might have some sort of revenue stream would be fair game. And because of the dollars that are involved, and also because this was a technique that was used so frequently, as I was mentioning here in Detroit about using public employee pension for economic development, but that is not the purpose of public employee pensions. Public employee pensions are first and foremost to meet the contractual obligations to the retirees for the best rate of return.
So what this amendment says is that at the very least we're not going to have a public project without first prior approval of the Legislature.
Senator Jaye offered the following amendments:
1. Amend page 21, line 24, after "(1)." by inserting "THIS SUBSECTION DOES NOT APPLY AFTER DECEMBER 31, 2002.".
2. Amend page 21, line 27, after "(1)" by inserting "THROUGH DECEMBER 31, 2002, AND 15% OF THE SYSTEM'S ASSETS IN INVESTMENTS DESCRIBED IN SUBSECTION (1) ON AND AFTER JANUARY 1, 2003".
The question being on the adoption of the amendments,
Senator Jaye requested the yeas and nays.
The yeas and nays were not ordered, 1/5 of the members present not voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Jaye asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Jaye's third statement is as follows:
I talked for over half an hour yesterday to an investment representative in the Treasury Department. I was very impressed with the man's dedication and intellect. I have had the pleasure of working with the treasurer on many projects. I have the upmost respect for him and his ability and all the other men and women who are in the Treasury Department. I also have confidence in a number of the investment firms, one of the most famous is, of course, Merrill Lynch. But even brilliant people make mistakes. In fact, in Orange County the Merrill Lynch that was advising Orange County was sued for advising derivatives and future investments. Merrill Lynch, after they masterminded this plan, settled for $437 million for giving bad advice to the public officials. The county treasurer in Orange County was indicted on six counts of misdemeanors. So even if there's no criminal intent--they simply made a wrong guess on the market on which way it was going--there can be a profound impact on this Legislature, future Legislatures, and people's pensions.
So what I'm asking in this amendment is let's give the treasury two years. Let's give them two years with this authority and then this additional authority for the treasurer as well. The administrator for, I believe, the State Police and the public teachers' union will no longer have that authority. They'll have to come back to us. We'll have more time to consider this. We'll have more input from the retirees' association and more input from the marketplace. But just to say forever that one unit of government, the executive branch, can invest 20 percent of its money, including legislative projects--the projects that weren't approved by the Legislature--that's delegating too much of our authority and too much of our children's future and financial risk forever to the executive branch.
So what this amendment says is let's sunset these plans, these provisions for the nonqualified investments--by their own definition, the most risky investments. Let's sunset that ability for after the next two years. We'll give them two years and have some more data, have more time to consider it, and then we can decide on whether to renew that kind of risky authority or to adjust it as the marketplace and other units of government would suggest.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 634 Yeas--33
Bullard | Goschka | McCotter | Schwarz |
Byrum | Gougeon | McManus | Shugars |
Cherry | Hammerstrom | Miller | Sikkema |
DeBeaussaert | Hart | Murphy | Smith, A. |
DeGrow | Hoffman | North | Smith, V. |
Dunaskiss | Johnson | Peters | Steil |
Emerson | Koivisto | Rogers | Van Regenmorter |
Emmons | Leland | Schuette | Young |
Gast
Nays--2
Dingell Jaye
Excused--3
Bennett Stille Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to authorize the investment of assets of public employee retirement systems or plans created and established by the state or any political subdivision; to provide for the payment of certain costs and investment expenses; to authorize investment in variable rate interest loans; to define and limit the investments which may be made by an investment fiduciary with the assets of a public employee retirement system; and to prescribe the powers and duties of investment fiduciaries and certain state departments and officers,".
The Senate agreed to the full title.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 1300, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 7 (MCL 208.7), as amended by 1982 PA 376.
The above bill was read a third time.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 635 Yeas--35
Bullard | Gast | Leland | Schwarz |
Byrum | Goschka | McCotter | Shugars |
Cherry | Gougeon | McManus | Sikkema |
DeBeaussaert | Hammerstrom | Miller | Smith, A. |
DeGrow | Hart | Murphy | Smith, V. |
Dingell | Hoffman | North | Steil |
Dunaskiss | Jaye | Peters | Van Regenmorter |
Emerson | Johnson | Rogers | Young |
Emmons | Koivisto | Schuette |
Nays--0
Excused--3
Bennett Stille Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
Senators Shugars, Gougeon, Goschka, North and McCotter moved that they be named co-sponsors of the following bill:
Senate Bill No. 1300
The motion prevailed.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Rogers moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the following resolution:
Senate Resolution No. 213
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 1339, entitled
A bill to amend 1988 PA 466, entitled "Animal industry act of 1987," by amending sections 1, 3, 4, 5, 6, 8, 9, 12, 14, 15, 16, 19, 20, 23, 26, 28, 29, 29a, 30, 30a, 30b, 30c, 31, 33, 35, 39, 40, 41, 42, 44, and 45 (MCL 287.701, 287.703, 287.704, 287.705, 287.706, 287.708, 287.709, 287.712, 287.714, 287.715, 287.716, 287.719, 287.720, 287.723, 287.726, 287.728, 287.729, 287.729a, 287.730, 287.730a, 287.730b, 287.730c, 287.731, 287.733, 287.735, 287.739, 287.740, 287.741, 287.742, 287.744, and 287.745), sections 3, 8, 9, 14, 30a, and 30b as amended and section 30c as added by 1998 PA 552, sections 4, 5, 6, 12, 16, 19, 20, 23, 28, 29, 30, 33, 39, 40, 41, 42, and 44 as amended and section 29a as added by 1996 PA 369, section 15 as amended by 1990 PA 40, and sections 26, 31, and 35 as amended by 1994 PA 41, and by adding sections 11a, 11b, 13a, 26a, and 30d; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1988 PA 466, entitled "An act to authorize and require the appointment of a state veterinarian within the department of agriculture; to protect the human food chain and the livestock and aquaculture industries of the state through prevention, control, and eradication of infectious, contagious, or toxicological diseases of livestock and other animals; to prevent the importation of certain nonindigenous animals under certain circumstances; to safeguard the human population from certain diseases that are communicable between animals and humans; to prevent or control the contamination of livestock with certain toxic substances through certain livestock or livestock products; to provide for indemnification for livestock under certain circumstances; to provide for certain powers and duties for certain state agencies and departments; to provide for the promulgation of rules; to provide for certain hearings; to provide for remedies and penalties; and to repeal acts and parts of acts," by amending sections 1, 3, 4, 5, 6, 8, 9, 12, 14, 15, 16, 19, 20, 23, 26, 28, 29, 29a, 30, 30a, 30b, 30c, 31, 33, 35, 39, 40, 41, 42, 44, and 45 (MCL 287.701, 287.703, 287.704, 287.705, 287.706, 287.708, 287.709, 287.712, 287.714, 287.715, 287.716, 287.719, 287.720, 287.723, 287.726, 287.728, 287.729, 287.729a, 287.730, 287.730a, 287.730b, 287.730c, 287.731, 287.733, 287.735, 287.739, 287.740, 287.741, 287.742, 287.744, and 287.745), sections 3, 8, 9, 14, 30a, and 30b as amended and section 30c as added by 1998 PA 552, sections 4, 5, 6, 12, 16, 19, 20, 23, 28, 29, 30, 33, 39, 40, 41, 42, and 44 as amended and section 29a as added by 1996 PA 369, section 15 as amended by 1990 PA 40, and sections 26, 31, and 35 as amended by 1994 PA 41, and by adding sections 11b, 13a, 26a, and 30d; and to repeal acts and parts of acts.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 636 Yeas--35
Bullard | Gast | Leland | Schwarz |
Byrum | Goschka | McCotter | Shugars |
Cherry | Gougeon | McManus | Sikkema |
DeBeaussaert | Hammerstrom | Miller | Smith, A. |
DeGrow | Hart | Murphy | Smith, V. |
Dingell | Hoffman | North | Steil |
Dunaskiss | Jaye | Peters | Van Regenmorter |
Emerson | Johnson | Rogers | Young |
Emmons | Koivisto | Schuette |
Nays--0
Excused--3
Bennett Stille Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1340, entitled
A bill to create incentives to locate and maintain value-added agricultural processing and production ventures within this state; to create certain funds and advisory boards; to authorize expenditures and grants from the funds; to finance the development of certain programs; to provide for appropriations; and to prescribe the powers and duties of certain state officials.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to create certain funds from certain sources and to provide for the disposition of money from the funds; to provide for the creation of certain funds by certain private entities; to create incentives and to locate and maintain value-added agricultural processing and production ventures within this state; to provide for grants and loans to certain private and governmental entities for environmental purposes; to provide for certain powers and duties for certain private entities, state agencies, commissions, and departments; to authorize loans, expenditures, and grants from the funds; and to finance the development of certain programs.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
Senator A. Smith offered the following amendment to the substitute:
1. Amend page 2, line 21, after "treasurer" by striking out "shall" and inserting "may".
The amendment to the substitute was not adopted.
Senator A. Smith offered the following amendments to the substitute:
1. Amend page 5, following line 12, by inserting:
"(12) The director of the department shall report, on an annual basis, to the senate and house of representatives standing committees having jurisdiction over agricultural issues as well as the senate and house of representatives agricultural appropriations subcommittees regarding the specific amounts and nature of expenditures and grants made under this act.".
2. Amend page 6, following line 19, by inserting:
"(8) The director of the department shall report, on an annual basis, to the senate and house of representatives standing committees having jurisdiction over environmental issues as well as the senate and house of representatives environmental appropriations subcommittees regarding the specific amounts and nature of expenditures and grants made under this act.".
The question being on the adoption of the amendments to the substitute,
Senator V. Smith requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments to the substitute were not adopted, a majority of the members not voting therefor, as follows:
Roll Call No. 637 Yeas--16
Byrum | Emerson | Koivisto | Peters |
Cherry | Gast | Leland | Smith, A. |
DeBeaussaert | Hart | Miller | Smith, V. |
Dingell | Jaye | Murphy | Young |
Nays--19
Bullard | Gougeon | McManus | Shugars |
DeGrow | Hammerstrom | North | Sikkema |
Dunaskiss | Hoffman | Rogers | Steil |
Emmons | Johnson | Schuette | Van Regenmorter |
Goschka | McCotter | Schwarz |
Excused--3
Bennett Stille Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 638 Yeas--33
Bullard | Gast | Koivisto | Schuette |
Byrum | Goschka | Leland | Schwarz |
Cherry | Gougeon | McCotter | Shugars |
DeBeaussaert | Hammerstrom | McManus | Sikkema |
DeGrow | Hart | Miller | Smith, A. |
Dingell | Hoffman | North | Steil |
Dunaskiss | Jaye | Peters | Van Regenmorter |
Emerson | Johnson | Rogers | Young |
Emmons
Nays--0
Excused--3
Bennett Stille Vaughn
Not Voting--2
Murphy Smith, V.
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1184, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 2b to chapter IV.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1276, entitled
A bill to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 806, entitled
A bill to authorize a county, city, village, or township law enforcement agency to enter into mutual aid agreements with law enforcement agencies of a physically adjacent state; to prescribe the minimum terms of the mutual aid agreements; and to provide immunity from civil and criminal actions to certain persons.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to authorize the state or a county, city, village, or township law enforcement agency to enter into mutual aid agreements with law enforcement agencies of a physically adjacent state; to prescribe the minimum terms of the mutual aid agreements; and to provide immunity from civil and criminal actions to certain persons.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 639 Yeas--34
Bullard | Gast | McCotter | Schwarz |
Byrum | Goschka | McManus | Shugars |
Cherry | Gougeon | Miller | Sikkema |
DeBeaussaert | Hammerstrom | Murphy | Smith, A. |
DeGrow | Hart | North | Smith, V. |
Dingell | Hoffman | Peters | Steil |
Dunaskiss | Johnson | Rogers | Van Regenmorter |
Emerson | Koivisto | Schuette | Young |
Emmons Leland
Nays--1
Jaye
Excused--3
Bennett Stille Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Rogers moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 1410
House Bill No. 5709
House Bill No. 5710
House Bill No. 5153
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Rogers moved that the Senate recess until 1:30 p.m.
The motion prevailed, the time being 11:46 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schwarz.
Recess
Senator Van Regenmorter moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 1:31 p.m.
1:36 p.m.
The Senate was called to order by the President pro tempore, Senator Schwarz.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator McCotter moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schwarz, designated Senator Sikkema as Chairperson.
After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 342, entitled
A bill to amend 1961 PA 88, entitled "Reciprocal retirement act," by amending section 4 (MCL 38.1104), as amended by 1990 PA 274.
Senate Bill No. 1346, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710g (MCL 257.710g), as added by 2000 PA 282.
Senate Bill No. 764, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 9 and 151 (MCL 259.9 and 259.151), as amended by 1996 PA 370.
Senate Bill No. 1337, entitled
A bill to authorize the state administrative board to convey certain state owned property in Jackson county in exchange for certain other parcels in Jackson county; to prescribe certain conditions for that exchange; and to provide for certain powers and duties of the department of management and budget, the department of corrections, and the attorney general in regard to that exchange.
Senate Bill No. 1343, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
House Bill No. 5321, entitled
A bill to amend 1959 PA 203, entitled "Emergency interim local succession act," by amending sections 4 and 5 (MCL 31.104 and 31.105); and to repeal acts and parts of acts.
Senate Bill No. 1093, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing sections 171, 172, 173, and 173a (MCL 750.171, 750.172, 750.173, and 750.173a).
Senate Bill No. 1094, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as added by 1998 PA 317.
Senate Bill No. 1144, entitled
A bill to amend 1925 PA 12, entitled "An act to provide for the laying out and establishing of additional trunk line mileage; to make all roads that have been improved as federal aid projects, and all roads that have been, or that may hereafter be, approved for federal aid, trunk line highways; to provide for the widening, altering or straightening of trunk line highways; to provide for the abandonment, alteration or change of any portion of the trunk line highway; and to repeal all acts and parts of acts inconsistent herewith," by repealing section 2 (MCL 250.112).
Senate Bill No. 1152, entitled
A bill to repeal 1927 PA 98, entitled "An act authorizing the state highway commissioner of the state of Michigan to enter into an agreement with the Wisconsin state highway commission to construct an interstate bridge project extending from approximately the intersection of Ogden avenue and Chandler street in the city of Menominee, Michigan, in a straight line terminating at the approximate center of Dunlap square in the city of Marinette, Wisconsin, and to provide for the cost and expense thereof," (MCL 254.121 to 254.123).
Senate Bill No. 1153, entitled
A bill to repeal 1955 PA 191, entitled "An act authorizing the state highway commissioner of Michigan to enter into negotiations with the Wisconsin state highway commissioner in the preparation of plans, specifications and designs of an interstate bridge extending from First street in Menominee across the Menominee river to Ogden street in Marinette, Wisconsin, and to provide for the cost and expense of such plans, specifications and designs," (MCL 254.131).
Senate Bill No. 1348, entitled
A bill to create the office of state poet laureate in the executive branch; to provide for the appointment and term of certain state officers; and to impose duties and responsibilities on certain state officers.
House Bill No. 5709, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61503b and 61503c (MCL 324.61503b and 324.61503c), section 61503b as added by 1999 PA 246 and section 61503c as added by 1999 PA 247.
House Bill No. 5710, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 40117 and 40118 (MCL 324.40117 and 324.40118), as added by 1995 PA 57.
House Bill No. 5153, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9c (MCL 211.9c).
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1410, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 7b (MCL 432.207b), as added by 1997 PA 69.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5919, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5306, 5313, 5314, 5417, and 5418 (MCL 700.5306, 700.5313, 700.5314, 700.5417, and 700.5418), sections 5313 and 5314 as amended by 2000 PA 54.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 3, line 8, after "medical," by inserting "MENTAL HEALTH,".
2. Amend page 6, line 9, after the first "INDIVIDUAL" by striking out the balance of the subdivision and inserting a period.
3. Amend page 6, line 19, after "INDIVIDUAL" by striking out the balance of the subdivision and inserting a period.
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5921, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 54.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4335, entitled
A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 411 (MCL 32.811), as amended by 1996 PA 497.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 267, entitled
A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending section 3 (MCL 38.1603), as amended by 1995 PA 192, and by adding section 40b.
Substitute (S-3).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
Senator Stille entered the Senate Chamber.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 765, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 1, 4, and 20 (MCL 125.581, 125.584, and 125.600), section 1 as amended by 1995 PA 36 and section 20 as added by 1996 PA 571.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:
Senate Bill No. 1292, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 9, line 1, after "A" by striking out "local".
2. Amend page 9, following line 2, by inserting:
"(E) A PUBLIC SCHOOL ACADEMY ESTABLISHED UNDER PART 6A OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.501 TO 380.507." and relettering the remaining subdivisions.
3. Amend page 9, line 11, by striking out all of subsection (5) and renumbering the remaining subsections.
4. Amend page 12, line 15, after "The" by inserting "CHIEF ADMINISTRATIVE OFFICER OF A".
5. Amend page 12, line 18, after "cause." by inserting "A CHIEF ADMINISTRATIVE OFFICER WHO REQUESTS AN EXTENSION UNDER THIS SUBSECTION SHALL, WITHIN 10 DAYS OF MAKING THE REQUEST, INFORM THE GOVERNING BODY IN WRITING OF THE REQUESTED EXTENSION. THE STATE TREASURER MAY REQUIRE THAT THE ANNUAL FINANCIAL REPORT REQUIRED BY THIS SUBSECTION TO BE FILED WITH THE STATE TREASURER BE FILED IN AN ELECTRONIC FORMAT PRESCRIBED BY THE STATE TREASURER.".
6. Amend page 13, line 5, after "treasurer." by inserting "THE STATE TREASURER MAY REQUIRE THAT THE AUDIT REPORT, OR THE REPORT OF AUDITING PROCEDURES, OR BOTH, THAT ARE REQUIRED BY THIS SUBSECTION TO BE FILED WITH THE STATE TREASURER BE FILED IN AN ELECTRONIC FORMAT PRESCRIBED BY THE STATE TREASURER.".
7. Amend page 13, line 13, after "The" by inserting "CHIEF ADMINISTRATIVE OFFICER OF A".
8. Amend page 13, line 16, after "cause." by inserting "A CHIEF ADMINISTRATIVE OFFICER WHO REQUESTS AN EXTENSION UNDER THIS SUBSECTION SHALL, WITHIN 10 DAYS OF MAKING THE REQUEST, INFORM THE GOVERNING BODY IN WRITING OF THE REQUESTED EXTENSION.".
9. Amend page 21, following line 13, by inserting:
"(4) NO DUTIES SHALL BE DELEGATED TO THE CHIEF ADMINISTRATIVE OFFICER THAT DIMINISH ANY CHARTER OR STATUTORY RESPONSIBILITIES OF AN ELECTED OR APPOINTED OFFICIAL.".
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1365, entitled
A bill to authorize the department of management and budget to convey certain state owned property in the county of Jackson in exchange for certain other property in the county of Jackson.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 5677, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411r.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 5, following line 16, by inserting:
"Enacting section 1. This amendatory act takes effect February 1, 2001.".
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 5296, entitled
A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 4a (MCL 41.724a), as amended by 1986 PA 180.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 2, line 13, after "hearing." by striking out the balance of the line through "AVAILABLE" on line 15 and inserting "IF A PUBLISHED NOTICE INCLUDES A LIST OF THE PROPERTY IDENTIFICATION NUMBERS OF THE PROPERTY TO BE ASSESSED, THAT LIST MAY PROVIDE EITHER THE INDIVIDUAL PROPERTY IDENTIFICATION NUMBER FOR EACH PARCEL OF PROPERTY TO BE ASSESSED OR 1 OR MORE SEQUENTIAL SETS OF PROPERTY IDENTIFICATION NUMBERS, WHICH INCLUDE EACH PARCEL OF PROPERTY TO BE ASSESSED. IF A PUBLISHED NOTICE INCLUDES A LIST OF THE PROPERTY IDENTIFICATION NUMBERS OF THE PROPERTY TO BE ASSESSED, THAT PUBLISHED NOTICE SHALL ALSO INCLUDE EITHER A MAP DEPICTING THE AREA OF THE PROPOSED SPECIAL ASSESSMENT DISTRICT OR A WRITTEN DESCRIPTION OF THE PROPOSED SPECIAL ASSESSMENT DISTRICT".
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1180, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 3, 5, 6, 8, 11, 13a, 14, 15, 16, 18a, 19, 21, 31, 32, 35, 36, 38, 39, 41, 41a, 42, 43, 44, 46, 46a, 48, 61, 63, 65, 66, 68, 71, 74, 75, 76, 78, and 78a (MCL 780.752, 780.753, 780.755, 780.756, 780.758, 780.761, 780.763a, 780.764, 780.765, 780.766, 780.768a, 780.769, 780.771, 780.781, 780.782, 780.785, 780.786, 780.788, 780.789, 780.791, 780.791a, 780.792, 780.793, 780.794, 780.796, 780.796a, 780.798, 780.811, 780.813, 780.815, 780.816, 780.818, 780.821, 780.824, 780.825, 780.826, 780.828, and 780.828a), sections 2, 6, 13a, 31, 36, 41a, and 48 as amended by 1998 PA 523, sections 3, 5, 18a, 32, 35, 41, 43, 46, 63, 66, and 78 as amended and section 46a as added by 1993 PA 341, sections 16 and 76 as amended by 1998 PA 232, sections 19 and 78a as amended by 1996 PA 105, sections 38, 39, and 42 as added by 1988 PA 22, section 44 as amended by 1996 PA 562, section 61 as amended by 1996 PA 82, and sections 65, 68, 71, 74, and 75 as added by 1988 PA 21, and by adding sections 16a, 36b, 44a, and 76a.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 9, line 7, by striking out all of section 11 and inserting:
"Sec. 11. The victim has the right to be present throughout the entire trial of the defendant, unless the victim is going to be called as a witness. If the victim is going to be called as a witness, the court may, for good cause shown, order the victim to be sequestered until the victim first testifies. THE VICTIM SHALL NOT BE SEQUESTERED AFTER HE OR SHE FIRST TESTIFIES.".
2. Amend page 16, line 1, after "enforced" by striking out "UPON THE COURT'S OWN MOTION" and inserting "BY THE COURT SUA SPONTE".
3. Amend page 16, line 25, after the second "OF" by inserting "THE PROBATE CODE OF 1939,".
4. Amend page 18, line 6, after "office" by inserting "OR SHALL PETITION THE COURT FOR A PROBATION VIOLATION".
5. Amend page 18, line 6, after "report" by inserting "OR PETITION".
6. Amend page 18, line 9, after "report" by inserting "OR PETITION".
7. Amend page 18, line 11, by striking out all of line 11 through "AND" on line 12.
8. Amend page 25, line 11, after "SECTION" by striking out "34(8)" and inserting "34(9)".
9. Amend page 25, line 22, after the second "OF" by inserting "THE PROBATE CODE OF 1939,".
10. Amend page 35, line 6, by striking out all of section 39 and inserting:
"Sec. 39. The victim has the right to be present throughout the entire contested adjudicative hearing or waiver hearing of the juvenile, unless the victim is going to be called as a witness. If the victim is going to be called as a witness, the court, for good cause shown, may order the victim to be sequestered until the victim first testifies. THE VICTIM SHALL NOT BE SEQUESTERED AFTER HE OR SHE FIRST TESTIFIES.".
11. Amend page 43, line 26, after "enforced" by striking out the balance of the line through "MOTION" on line 27 and inserting "BY THE COURT SUA SPONTE".
12. Amend page 45, line 27, after "office" by inserting "OR SHALL PETITION THE COURT FOR A PROBATION VIOLATION".
13. Amend page 46, line 1, after "report" by inserting "OR PETITION".
14. Amend page 46, line 5, after "report" by inserting "OR PETITION".
15. Amend page 46, line 7, by striking out all of line 7 through "AND" on line 8.
16. Amend page 50, line 20, after "of" by inserting "THE PROBATE CODE OF 1939,".
17. Amend page 51, line 1, after the second "of" by inserting "THE PROBATE CODE OF 1939,".
18. Amend page 54, line 20, after the second "of" by inserting "THE PROBATE CODE OF 1939,".
19. Amend page 64, line 23, by striking out all of section 71 and inserting:
"Sec. 71. The victim has the right to be present throughout the entire trial of the defendant, unless the victim is going to be called as a witness. If the victim is going to be called as a witness, the court may, for good cause shown, order the victim to be sequestered until the victim first testifies. THE VICTIM SHALL NOT BE SEQUESTERED AFTER HE OR SHE FIRST TESTIFIES.".
20. Amend page 71, line 18, after "enforced" by striking out "UPON THE COURT'S OWN MOTION" and inserting "BY THE COURT SUA SPONTE".
21. Amend page 72, line 15, after "office" by inserting "OR SHALL PETITION THE COURT FOR A PROBATION VIOLATION".
22. Amend page 72, line 15, after "report" by inserting "OR PETITION".
23. Amend page 72, line 18, after "report" by inserting "OR PETITION".
24. Amend page 72, line 20, by striking out all of line 20 through "AND" on line 21.
25. Amend page 77, line 25, by striking out all of enacting section 1.
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Rogers moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 1345
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Rogers moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schwarz, designated Senator Steil as Chairperson.
After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1345, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 3 and 22a (MCL 208.3 and 208.22a), section 3 as amended by 1999 PA 115 and section 22a as amended by 1996 PA 578.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Messages from the House
By unanimous consent the Senate proceeded to consideration of the following bill:
Senate Bill No. 1243, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217, 222, and 251 (MCL 257.217, 257.222, and 257.251), section 217 as amended by 1998 PA 247, section 222 as amended by 1999 PA 267, and section 251 as amended by 1998 PA 455.
(For text of amendments, see Senate Journal No. 64, p. 1674.)
The question being on concurring in the amendments made to the bill by the House,
Senator Bullard offered the following amendments to the amendments:
1. Amend House Amendment No. 2, page 2, line 19, after "after" by striking out ""state;" by inserting "EXCEPT FOR A VEHICLE" and inserting ""state" by striking out the semicolon and inserting a comma and "UNLESS THE VEHICLE IS".
2. Amend House Amendment No. 5, page 10, line 10, after "after" by striking out ""state;" by inserting "EXCEPT FOR A VEHICLE" and inserting ""state" by striking out the semicolon and inserting a comma and "UNLESS THE VEHICLE IS".
3. Amend House Amendment No. 7, page 12, line 8, after "inserting" by striking out "a semicolon and "EXCEPT FOR A VEHICLE" and inserting "a comma and "UNLESS THE VEHICLE IS".
The amendments to the amendments were adopted.
The question being on concurring in the House amendments, as amended,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 640 Yeas--35
Bullard | Goschka | McCotter | Shugars |
Byrum | Gougeon | McManus | Sikkema |
Cherry | Hammerstrom | Miller | Smith, A. |
DeBeaussaert | Hart | Murphy | Smith, V. |
DeGrow | Hoffman | North | Steil |
Dingell | Jaye | Peters | Stille |
Emerson | Johnson | Rogers | Van Regenmorter |
Emmons | Koivisto | Schuette | Young |
Gast | Leland | Schwarz |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--1
Dunaskiss
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Rogers moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:
House Bill No. 5921
House Bill No. 5919
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
By unanimous consent the Senate proceeded to consideration of the following bill:
House Bill No. 5921, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 54.
The above bill was read a third time.
The question being on the passage of the bill,
Senators Hammerstrom and Hart offered the following amendment:
1. Amend page 4, following line 14, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 2001.".
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 641 Yeas--33
Byrum | Gougeon | McCotter | Schwarz |
Cherry | Hammerstrom | McManus | Sikkema |
DeBeaussaert | Hart | Miller | Smith, A. |
DeGrow | Hoffman | Murphy | Smith, V. |
Dingell | Jaye | North | Steil |
Emerson | Johnson | Peters | Stille |
Emmons | Koivisto | Rogers | Van Regenmorter |
Gast | Leland | Schuette | Young |
Goschka
Nays--1
Shugars
Excused--2
Bennett Vaughn
Not Voting--2
Bullard Dunaskiss
In The Chair: Schwarz
Senator Rogers moved that Senator Dunaskiss be excused from the balance of today's session.
The motion prevailed.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5919, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5306, 5313, 5417, and 5418 (MCL 700.5306, 700.5313, 700.5417, and 700.5418), section 5313 as amended by 2000 PA 54, and by adding section 5520.
The question being on the passage of the bill,
Senators Hammerstrom and Hart offered the following amendments:
1. Amend page 2, line 24, after "IF" by striking out "A LEGALLY INCAPACITATED" and inserting "AN".
2. Amend page 2, line 26, after "BECAME" by striking out "AN" and inserting "A LEGALLY".
3. Amend page 3, line 2, after "MAKE." by inserting "IF, HOWEVER, A PETITION FOR GUARDIANSHIP OR FOR MODIFICATION UNDER SECTION 5310 ALLEGES AND THE COURT FINDS THAT THE PATIENT ADVOCATE DESIGNATION WAS NOT EXECUTED IN COMPLIANCE WITH SECTION 5506, THAT THE PATIENT ADVOCATE IS NOT COMPLYING WITH THE TERMS OF THE DESIGNATION OR OF SECTIONS 5506 TO 5512, OR THAT THE PATIENT ADVOCATE IS NOT ACTING CONSISTENT WITH THE WARD'S BEST INTERESTS, THE COURT MAY MODIFY THE GUARDIANSHIP'S TERMS TO GRANT THOSE POWERS TO THE GUARDIAN.".
4. Amend page 6, line 1, by striking out all of section 5520 and inserting:
"SEC. 5520. A LEGALLY INCAPACITATED INDIVIDUAL WHO HAS A GUARDIAN WITH RESPONSIBILITY FOR MAKING MEDICAL TREATMENT DECISIONS CANNOT THEN DESIGNATE ANOTHER INDIVIDUAL TO MAKE MEDICAL TREATMENT DECISIONS FOR THE LEGALLY INCAPACITATED INDIVIDUAL.".
The amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 642 Yeas--34
Bullard | Goschka | McCotter | Schwarz |
Byrum | Gougeon | McManus | Sikkema |
Cherry | Hammerstrom | Miller | Smith, A. |
DeBeaussaert | Hart | Murphy | Smith, V. |
DeGrow | Hoffman | North | Steil |
Dingell | Jaye | Peters | Stille |
Emerson | Johnson | Rogers | Van Regenmorter |
Emmons | Koivisto | Schuette | Young |
Gast Leland
Nays--1
Shugars
Excused--3
Bennett Dunaskiss Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
Senator Stille stated that had he been present when the votes were taken on concurring in the House substitute to the following bills, he would have voted "yea":
Senate Bill No. 1339
Senate Bill No. 1340
Senate Bill No. 806
Senator Stille stated that had he been present when the votes were taken on the passage of the following bills, he would have voted "yea":
Senate Bill No. 1300
House Bill No. 5063
House Bill No. 5803
Senate Bill No. 1364
House Bill No. 5754
By unanimous consent the Senate proceeded to the order of
Resolutions
By unanimous consent the Senate proceeded to consideration of the following concurrent resolution:
Senate Concurrent Resolution No. 43.
A concurrent resolution to memorialize the President and the Congress of the United States to support the addition of Estonia, Latvia, and Lithuania into the North Atlantic Treaty Organization.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 212
The resolution consent calendar was adopted.
Senator Young offered the following resolution:
Senate Resolution No. 212.
A resolution to congratulate Teola P. Hunter on her retirement as Wayne County Clerk.
Whereas, It is a great pleasure to join with her colleagues, family, and the people of Wayne County in saluting Teola P. Hunter in recognition of her exemplary career. With over 35 years of service in education, business, and elected office positions in the State Legislature and office of the Wayne County Clerk, she has earned the respect of many as a professional who has contributed greatly to her state and community. We thank her for her career on behalf of the people she has served so well; and
Whereas, A native Detroiter, Ms. Hunter attended the Detroit Public Schools, graduating from Cass Technical High School. She earned her bachelor of science degree from the University of Detroit and a master's degree in education from Wayne State University. She taught in the Detroit Public Schools system for 14 years. With a commitment and desire to work with children through their developmental years, Ms. Hunter founded Buttons and Bows Nursery and Kindergarten and owned and operated a nursery and preparatory school which went to the third grade; and
Whereas, In 1980, Ms. Hunter was elected to the Michigan House of Representatives where she served for 11 years, representing the 5th State House District. During her tenure in the Michigan Legislature, Ms. Hunter served as chairperson of the House Social Services and Youth Committee, chair of an ad hoc committee on children and families, and subcommittee chair of the committee on AIDS. She was also a member of the Legislative Council, House Oversight Committee, and was appointed by the Speaker of the House as chairperson of the Special Committee on Family and Children Services. In 1989, she was elected by her colleagues to serve in the leadership position of Speaker Pro Tempore, making her the first female in Michigan to hold this position. She was re-elected to serve a second time and held this status until she left the House of Representatives in 1991; and
Whereas, Following her work in the Michigan Legislature, Ms. Hunter was appointed Deputy Director of Wayne County Health and Community Services, where she was responsible for overseeing mental health, patient care management system, youth progress, co-op extension, and child care fund. On November 3, 1992, she was elected to the position of Wayne County Clerk, where she became responsible for the management of a six-division public service unit of county government with an operating budget of over $17 million and oversight of 300 employees; and
Whereas, Sound judgment, loyalty, and a penchant for hard work are just some of the qualities that Ms. Hunter exhibited during her 35-year career. She takes with her into retirement the gratitude of the people of the state of Michigan and those in her community. We are proud to join with her many admirers, friends, and family in saluting her successful career; now, therefore, be it
Resolved by the Senate, That we commend and congratulate Teola P. Hunter for her outstanding career. We extend our best wishes to her and her family and wish her the happiest of retirements; and be it further
Resolved, That a copy of this resolution be transmitted to Teola P. Hunter in appreciation of her exemplary career and the high esteem we have for her.
Senator Rogers moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the resolution.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Statements
Senator Miller asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Miller's statement is as follows:
That's a great cause, and I am gonna go out and buy a pair of Levi's and wear them in here tomorrow. I want to thank Senator Goschka for yesterday holding a subcommittee meeting on the retirement committee. It's come to my attention, and probably all the members here who have retired public school employees living in their districts--I am sorry, Senator, I heard that it was Senator Goschka, but it was Senator Gougeon. All those people from Bay County and Saginaw look alike. But anyway, I really respect the good Senator for holding the hearing because, Mr. President, we have tens of thousands of retirees in this state who gave their best years of hard work and dedication to make Michigan a better place for our students and our children.
When they retired, they thought they had a fixed benefit package, and now they come to find out that their prescription drugs, their out-of-pocket costs have been increased. I think that you know some day we are going to be retiring from here, and I think the benefits that we expect when we retire after our years of service should be locked in the position. I think that we have thousands of people across this great state who gave 25, 30, or 35 years of great, great employment and now find out that their retirement package no longer is what they thought it was for the years of service.
I hope that the Senate Appropriations Committee will look at this problem. I sure want to thank Senator Gougeon for taking the time to address this, and I know that last week probably the demonstration and all the seniors and retirees were here certainly left an impact. I want to thank the good Senator from Bay County for holding this hearing yesterday to at least let the retirees know that we respect the great job that they did. And hopefully, we will find the money in our surplus to make sure that their retirement package costs do not keep increasing year after year.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senator Jaye introduced
Senate Bill No. 1416, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 4a and 25 (MCL 205.54a and 205.75), section 4a as amended by 1999 PA 116 and section 25 as amended by 1993 PA 325.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 5584, entitled
A bill to amend 1962 PA 213, entitled "An act to encourage the raising of started pullets; to provide for the inspection and certification as to the age, condition and health of started pullets; to define certain terms; to provide authority to establish and collect fees; to impose certain responsibilities on the department of agriculture; to grant authority to make rules and regulations to carry out the purpose of this act; and to prescribe penalties for violation thereof," by repealing section 4 (MCL 287.174).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 5951, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 2000 PA 150.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Committee Reports
The Committee on Gaming and Casino Oversight reported
Senate Bill No. 1410, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 7b (MCL 432.207b), as added by 1997 PA 69.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Glenn Steil
Chairperson
To Report Out:
Yeas: Senators Steil, Shugars and Van Regenmorter
Nays: Senators V. Smith and Koivisto
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Gaming and Casino Oversight submits the following:
Meeting held on Tuesday, October 3, 2000, at 1:15 p.m., Room 100, Farnum Building
Present: Senators Steil (C), Shugars, Van Regenmorter, V. Smith and Koivisto
The Committee on Natural Resources and Environmental Affairs reported
House Bill No. 5709, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61503b and 61503c (MCL 324.61503b and 324.61503c), section 61503b as added by 1999 PA 246 and section 61503c as added by 1999 PA 247.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ken Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Dunaskiss, Gast, Peters and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
House Bill No. 5710, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 40117 and 40118 (MCL 324.40117 and 324.40118), as added by 1995 PA 57.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Ken Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Dunaskiss, Gast, Peters and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources and Environmental Affairs submits the following:
Meeting held on Tuesday, October 3, 2000, at 1:00 p.m., Room 210, Farnum Building
Present: Senators Sikkema (C), Dunaskiss, Gast, Peters and Young
The Committee on Finance reported
Senate Bill No. 1345, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 3 and 22a (MCL 208.3 and 208.22a), section 3 as amended by 1999 PA 115 and section 22a as amended by 1996 PA 578.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Joanne G. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 1380, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35b.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Joanne G. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5043, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Joanne G. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5153, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9c (MCL 211.9c).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Joanne G. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submits the following:
Meeting held on Tuesday, October 3, 2000, at 1:05 p.m., 8th Floor Conference Room, Farnum Building
Present: Senators Emmons (C), Bullard, Hammerstrom, Peters and Dingell
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Senate Bill No. 694 submits the following:
Meeting held on Tuesday, October 3, 2000, at 9:26 a.m., Room 405, Capitol Building
Present: Senators Schuette (C), DeGrow and Murphy
Scheduled Meetings
Farming, Agribusiness and Food Systems - Thursday, October 5, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-1725) (CANCELED)
Financial Services - Monday, November 13, 1:00 p.m., Room 100, Farnum Building (373-1758)
Hunting, Fishing and Forestry - Thursday, October 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2426)
Senator Rogers moved that the Senate adjourn.
The motion prevailed, the time being 3:33 p.m.
The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, October 5, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate.