No. 68

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, November 10, 1998.

10:00a.m.

The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

Bennett--present Gast--present Posthumus--present

Berryman--present Geake--present Rogers--present

Bouchard--present Gougeon--present Schuette--present

Bullard--present Hart--present Schwarz--present

Byrum--present Hoffman--present Shugars--present

Cherry--present Jaye--present A. Smith--present

Cisky--present Koivisto--present V. Smith--present

Conroy--present McManus--present Steil--present

DeBeaussaert--present Miller--present Stille--present

DeGrow--present North--present VanRegenmorter--present

Dingell--present O'Brien--present Vaughn--present

Dunaskiss--present Peters--present Young--present

Emmons--present

Senator Christopher D. Dingell of the 7th District offered the following invocation:

Lord, we give thanks for the seasons. That of romance, planning, harvest, and politics are past. Deer hunters give thanks that theirs is here at last. We hunt deer because we love to, and we love the environs where deer are found, which is invariably beautiful. Because of all the television commercials, cocktail parties, and assorted social posturing, we have had to endure that we will escape. Because in a world where most men seem to spend their lives doing things they hate, our hunting is at once an endless source of delight and an act of small rebellion. Because deer do not lie or cheat and cannot be bought or bribed or impressed by power, they respond only to quietude, humility, and endless patience. Because we suspect that people are going along this way for the last time, we don't want to waste the trip. Mercifully there are no telephones in most deer blinds, certainly not mine because only in the woods can we find solitude without loneliness; because libations out of an old tin cup tastes better out there. And finally, not because we regard hunting as being so terribly important, but because we suspect that so many of the other concerns are equally unimportant and nowhere near as much fun, we give thanks. Amen.

Senators O'Brien and Cherry entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

Senator DeGrow moved that Senator Hoffman be temporarily excused from today's session.

The motion prevailed.

Senator DeGrow moved that consideration of the following bills and joint resolution be postponed for today:

House Bill No.5654

House Bill No.4681

House Bill No.4682

House Bill No.4683

House Bill No.4684

House Bill No.4685

House Bill No.4686

Senate Joint Resolution K

The motion prevailed.

Senator DeGrow moved that the Committee on Transportation and Tourism be discharged from further consideration of the following resolutions:

Senate Resolution No.225

A resolution to support the establishment of a Great Lakes Mariners' Memorial at Whitefish Point.

Senate Resolution No.226

A resolution to support the establishment of a Great Lakes Lighthouse Center and Museum at Mackinaw City.

The motion prevailed, a majority of the members serving voting therefor, and the resolutions were placed on the order of Resolutions.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

October 12, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:15p.m. this date, administrative rule (98-10-2) for the Department of Environmental Quality, Land and Water Management Division, entitled "Subdivisions of Land," effective 15 days hereafter.

October 23, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:35p.m. this date, administrative rule (98-10-4) for the Department of Environmental Quality, Air Quality Division, entitled "Air Pollution Control," effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced the printing and placement in the members' files on Friday, November 6 of:

House Bill Nos. 6217 6229

Senators Hoffman, Bullard, VanRegenmorter, Jaye, Schuette, Dunaskiss, Rogers, Emmons, Gast, Gougeon, McManus, Shugars, North, Posthumus, Steil, Bennett and Geake entered the Senate Chamber.

Senator DeGrow moved that the order of Messages from the House be postponed for today.

The motion prevailed.

Conference Reports

Senator Cisky submitted the following:

FIRST CONFERENCE REPORT

The Committee of Conference on the matters of difference between the two Houses concerning

Senate Bill No. 184, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 2a (MCL 722.112a), as added by 1994 PA 349.

Recommends:

First: That the House recede from its amendment numbered 1, which reads as follows:

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

"(3) THE DEPARTMENT SHALL REIMBURSE A CHILD CARING INSTITUTION, CHILD CARE CENTER, OR GROUP DAY CARE HOME FOR THE COSTS INCURRED IN TRAINING A PERSON TO PROVIDE FIRST AID AND CARDIOPULMONARY RESUSCITATION AS REQUIRED UNDER SUBSECTION (1), INCLUDING, BUT NOT LIMITED TO, THE COST OF EMPLOYEE OVERTIME.".

Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate.

Third: That the Senate and House agree to the title of the bill to read as follows:

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 2a (MCL 722.112a), as added by 1994 PA 349.

Jon A. Cisky

Dale Shugars

Conferees for the Senate

Joseph Palamara

Beverly S. Hammerstrom

Conferees for the House

Pending the order that, under joint rule 9, the conference report be laid over one day,

Senator DeGrow moved that the rule be suspended.

The motion prevailed.

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.754 Yeas--35

Bennett Dingell McManus Shugars

Berryman Dunaskiss Miller Smith, A.

Bouchard Emmons North Smith, V.

Byrum Gast O'Brien Steil

Cherry Geake Peters Stille

Cisky Gougeon Posthumus VanRegenmorter

Conroy Hart Rogers Vaughn

DeBeaussaert Hoffman Schuette Young

DeGrow Koivisto Schwarz

Nays--1

Jaye

Excused--0

Not Voting--1

Bullard

In The Chair: President

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.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator DeGrow 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, Lieutenant Governor Binsfeld, designated Senator Berryman as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Binsfeld, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No.5843, entitled

A bill to amend 1919 PA 339, entitled "Dog law of 1919," by amending sections 6, 8, 9, 14, 15, and 17 (MCL 287.266, 287.268, 287.269, 287.274, 287.275, and 287.277).

House Bill No.5851, entitled

A bill to designate highway M-6 in Kent and Ottawa counties as the Paul B. Henry freeway; and to prescribe the duties of the state transportation department.

House Bill No.4611, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11510 (MCL 324.11510), as amended by 1996 PA 358.

House Bill No.5867, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506c.

House Bill No.5800, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," (MCL 440.1101 to 440.11102) by adding section 1210.

House Bill No.5835, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," (MCL 440.1101 to 440.11102) by adding section 1211.

House Bill No.5754, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 802 (MCL 257.802), as amended by 1997 PA 80.

Senate Bill No.1150, entitled

A bill to require the attorney general to take legal action to challenge any federal mandate for the state to obtain or disclose an individual's social security number for purposes unrelated to social security or federal taxation.

House Bill No.4160, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.

House Bill No.5201, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 853 (MCL 380.853), as amended by 1992 PA 263 and by adding section 14.

House Bill No.5057, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 50 (MCL 750.50), as amended by 1996 PA 458.

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:

House Bill No.4895, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204f.

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.5365, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690), as amended by 1998 PA 239.

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No.5692, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3020 (MCL 500.3020), as amended by 1996 PA 77.

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:

House Bill No.4364, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1994 PA 445.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 5, line 3, after "COURT" by striking out "SHALL ORDER" and inserting "OR".

2. Amend page 5, line 4, after "JURISDICTION" by striking out "TO" and inserting "SHALL".

3. Amend page 5 line 7, after "SHALL" by inserting "REMOVE THE ORDER OR AMENDED ORDER OR THE CONDITION FROM THE LAW ENFORCEMENT INFORMATION NETWORK OR".

4. Amend page 6, following line 24, by inserting:

"Enacting section 2. This amendatory act takes effect August 1, 1999.".

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 amendment, the following bill:

House Bill No.4365, entitled

A bill to amend 1984 PA 118, entitled "The prisoner reimbursement to the county act," by amending sections 3 and 5 (MCL 801.83 and 801.85), section 3 as amended by 1994 PA 212.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 3, following line 6, by inserting:

"Enacting section 2. This amendatory act takes effect August 1, 1999.".

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:

House Bill No.5564, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending section 21 of chapter X and sections 2, 2a, 2c, 14, 15, 17, 17c, 18, and 26 of chapter XIIA (MCL 710.21, 712A.2, 712A.2a, 712A.2c, 712A.14, 712A.15, 712A.17, 712A.17c, 712A.18, and 712A.26), sections 2, 2a, and 2c of chapter XIIA as amended by 1996 PA 409, section 14 of chapter XIIA as amended by 1988 PA 224, section 15 of chapter XIIA as amended by 1987 PA 72, section 17 of chapter XIIA as amended by 1998 PA 325, section 17c of chapter XIIA as amended by 1997 PA 169, and section 18 of chapter XIIA as amended by 1997 PA 163.

Substitute (S-3).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 18, line 6, after "DEMANDED" by inserting "OR ORDERED".

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.5567, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 15b and 15c of chapter IV (MCL 764.15b and 764.15c), as amended by 1996 PA 15.

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.5000, entitled

A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending the title and sections 1, 3, 6, and 8 (MCL 257.1401, 257.1403, 257.1406, and 257.1408).

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.5637, entitled

A bill to create the Michigan freedom trail commission; and to prescribe the powers and duties of certain state departments, agencies, commissions, and officers.

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 a substitute therefor, the following bill:

Senate Bill No.1046, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 803q.

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.4139, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 716 (MCL 257.716), as amended by 1980 PA 311.

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.774, entitled

A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending sections 1, 3, 6, and 9 (MCL 257.1401, 257.1403, 257.1406, and 257.1409).

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 amendment, the following bill:

Senate Bill No.1143, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 35105 (MCL 324.35105), as amended by 1996 PA 290.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 2, line 23, after "PICK" by striking out "WILD MUSHROOMS" and inserting a comma and "FOR PERSONAL CONSUMPTION, NOT MORE THAN 1 BUSHEL OF WILD MUSHROOMS PER DAY".

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 President pro tempore, Senator Schwarz, assumed the Chair.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator DeGrow moved that rule 3.902 be suspended to allow the staff of Lieutenant Governor Binsfeld admittance to the Senate floor.

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

Senator DeGrow moved that rule 3.901 be suspended to allow the media to film on the Senate floor, including the center aisle.

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

Senator DeGrow moved that rule 3.902 be suspended to allow four Representatives-elect admittance to the Senate floor.

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

Senator Emmons presented Lieutenant Governor Binsfeld with a special tribute and the Great Seal in honor of her upcoming retirement.

Senators Emmons, Posthumus, DeGrow, Cherry, Schuette, Gougeon, Berryman, Hart, North, VanRegenmorter, Hoffman, Gast, Bouchard, Koivisto, Dunaskiss, V. Smith, McManus, Stille, Geake, A. Smith, Conroy, Shugars, Bennett, O'Brien, Byrum, Miller and Schwarz asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Emmons' first statement is as follows:

All of you have signed a Senate resolution in honor of the Lieutenant Governor. It has been presented to her down at the Women's Hall of Fame; the salute to women that we did. I thought it appropriate that it be entered into the record of the Senate, to be a permanent part of our proceedings here.

"A resolution to honor Lieutenant Governor Connie Binsfeld.

Whereas, As she brings to a close her brilliant historic career of public service, we are proud to join with the grateful state in expressing our thanks to the Honorable Connie Berube Binsfeld. With her stellar record of achievement in many policy issue areas and distinct elective posts, Connie Binsfeld has touched Michigan in a manner that will long endure; and

Whereas, Although known best for her leadership in the House of Representatives, the Senate and the Executive Office, Connie Binsfeld has strengthened others all her life. A proud mother and grandmother, she distinguished herself for many years as a teacher before directing her concerns and talents to elective office. In many ways, she's remained a devoted mother and teacher in each of her responsibilities; and

Whereas, Connie Binsfeld's record is rich in legislative and executive policy changes that address real problems of real people. Her four terms in the House of Representatives and two terms in the Senate included unsurpassed commitment to families and children and our natural resources. She was an early leader in the fight against domestic violence, and she authored statutory protections for our threatened resources, especially sand dunes. Her astuteness was also apparent in her exemplary service in key areas of appropriations; and

Whereas, As Lieutenant Governor, she has refined the position. Highlights of her two terms include major accomplishments in the areas of protecting children and revamping adoption practices. Her work has garnered national acclaim and the gratitude of vulnerable children and families. Clearly, the affection harbored for her by the people of Michigan is heartfelt and long lasting; now, therefore, be it

Resolved by the Senate, That we honor Lieutenant Governor Connie Berube Binsfeld and thank her for her dedication to Michigan and its future; and be it further

Resolved, That copies of this resolution be transmitted to the Lieutenant Governor and her family as evidence of our enduring admiration."

On behalf of all of the Senators, we would like to present you with this with our love and very much appreciation.

Senator Posthumus' statement is as follows:

Since 1975, there has been a woman who has served the state of Michigan in a number of different ways, and her name is Connie Binsfeld, first in the House, then in the Senate. I can think of no other public servant who has done more for families, women, and children than Connie Binsfeld. In addition, she did a lot of work on behalf of the environment that is not often recognized as well. We recognize her for the work she has done for children across this state and for many of the thousands and thousands of kids she's had an impact on. She is like, I would say a grandmother, but she is too young for that, so I will say a mother, and that impact will be everlasting--not just for the kids she's impacted in the last several years, but it will go on for a long time. And so, we've put together a little recognition, a poem here with a picture that I would like to read because I think it really does indicate what Connie Binsfeld is all about.

"One hundred years from now it will not matter what my bank account was,

The sort of house I lived in or the kind of car I drove . . .

But the world may be different because I was important in the life of a child."

That is Connie Binsfeld.

Senator DeGrow read the following letter from the Governor:

November 10, 1998

Dear Connie,

You are a dear friend, and Michelle and I treasure the moments we have shared together. Along with Maggie, Hannah and Madeleine, we look forward to spending many more precious moments with "Grandma Connie."

Today, as your colleagues give their congratulations and thanks for your tireless efforts over the years, let me add a few words--though to be completely truthful, no words can really express the depth of my feeling for you personally and for what you have accomplished.

Connie, there's no doubt about it: You have carried out your responsibilities with an integrity beyond reproach, a competence beyond question, and a love beyond measure.

Certainly, others have noted that you were the first woman to serve in leadership in the Michigan House, Senate and Executive Office. But that fact does not reflect the difference you have made in the lives of so many families and children.

Connie, your work, especially as leader of the Children's Commission, has given countless boys and girls a chance at childhood. Indeed, there has been no more passionate defender of children in our state's history. For that reason alone, it can be rightly said that you have affected eternity. And for that, Michigan is eternally grateful.

On issue after issue--from stopping domestic violence to increasing adoptions--you have stood up for the most vulnerable among us. You have been the voice for battered women and abused children. They cannot be here today to thank you, but their gratitude is reflected in Michigan families that are stronger, healthier and happier.

On a more personal level, Michelle and I will miss having both you and John Binsfeld here in Lansing on a regular basis. But you can rest assured that our families will always be friends and you will always be in our hearts and prayers.

Speaking of prayers, I will never forget one evening when you were helping to put Maggie, Hannah and Madeleine to bed. The girls were praying for Mom and Dad, and for Grandma Agnes. Then, spontaneously, they said, "Let's also pray for Grandma Connie."

That little prayer says so much about Connie. She loves children with a love no words can tell. But her actions tell it. Again and again, Connie has been there for the children--not just for her children and grandchildren, not just for my children, but for all the children of Michigan--every single one of them.

So, on behalf of the children of Michigan, I am proud to say thank you and congratulations.

Sincerely,

John Engler

Governor

Senator DeGrow's statement is as follows:

On a personal note from me, Connie, we served together in the House, the Senate, and of course, again in the Senate when you were Lieutenant Governor, and I was Floor Leader, and you kept me alive.

I guess what I would add, in addition to the obvious which has been so eloquently expressed in terms of the children's issues, you've always brought a quiet dignity to the political process. You have reminded all of us how the debate should be conducted, and not all of us have done that from time to time. In the 18 years that I have served with you, I have never, at any time, seen you lose your temper or conduct yourself in a non-civil manner. So, while certainly everything the Governor and Joanne and Dick said in terms of your contributions to children, that and more is true, if you leave one message for us it is: politics; yes, it is a rough business and the stakes are high, but that's not a reason that we cannot conduct ourselves with a quiet dignity and class you have done for your entire life.

So I wish you good luck.

Senator Cherry's statement is as follows:

Madam President, let me on behalf, as you see, a number of members want to make remarks, but on behalf of our Senate Democratic Caucus and on behalf of myself personally, let me say that we firmly believe that you are richly deserving of every honor you have received today. You've been an outstanding Lieutenant Governor. As members here in the Minority Caucus, we've appreciated beyond expression the fairness with which you have presided over this session, the concern that you have shown for members on both sides of the aisle in their right and ability to express themselves in the course of the debate, and your guiding hand when some strayed a little too far from decorum. But, let me say that as members of this body, we appreciate the way you've approached your responsibility as Presiding Officer. We appreciate it dearly.

As colleagues, whether it be in the House or the Senate, we have benefitted from your collegiality and your ability and willingness to work with all members to enhance life here in Michigan for all of our citizens, and as individual citizens, we have and will benefit from the fine work you've done over your career.

So, Madam President, let me say, "Thank you," and you can be assured that our memories will be fond ones and that we will cherish the service that you have given us here in the Senate as members and colleagues but more importantly, as citizens.

Senator Schuette's statement is as follows:

This is a time where all of us speak from the heart about the fondness we hold and the affection that we hold for our friend, the Lieutenant Governor.

I've had the privilege of knowing and working with Connie Binsfeld since 1979 when she was in the House of Representatives and I was in politics but not elective, more in an operative fashion. During the course of knowing you and building a friendship that is so important to me and now my wife, I've learned so much from Connie Binsfeld, and the state has gained so much from her. After all, everything we do here ends up being about leadership.

What you have done, in terms of policy, has set an example legislatively of what we need to do for families and children, your work on the United States Park Service Advisory Board, as an example of what you're trying to do environmentally. So you set an example leadership-wise as policymakers.

But also what you've done for us is set an example and led in terms of how we should conduct ourselves because you have brought the importance of civility and grace to politics, which is so rare in this often tawdry, difficult, rough, tough business. So that you have set an example of grace and civility as something, again, you've taught so many of us, and we'll continue to attempt to learn. So we thank you and salute you, our friend, my friend, Connie Binsfeld.

Senator Gougeon's statement is as follows:

Connie, let me take this opportunity to express my sincere regards to you for the pleasure of your company these past four years as we traveled this great state in our quest to help children. Because of your steadfast leadership of the Children's Commission, through the implementation of those laws, children today stand a better chance of growing to adulthood in a loving home rather than spending years in a system of foster care. All the children, parents, and child care workers are aware of your love and devotion to making Michigan a safer place for kids. The subject of "in the child's best interest" is no longer just a phrase but is becoming a reality. Child abuse is a long way from ending, but steps have been taken, and I believe children have been saved. There are still laws to be passed and laws to be implemented, but you got the ball rolling. I, for one, will not stop the pursuit until all of Michigan's children are safe.

Connie, you've done a valiant job for Michigan's children. Now take the time and rest you so richly deserve. Thanks for the past effort, and may you and John have a long and happy retirement.

Senator Berryman's statement is as follows:

Governor, like Senator DeGrow, I also have a letter from the Governor, but one I can't read here on the floor.

We have had some good times, Governor. One of the trips we made on behalf of education was to California where I really got to know you and your husband, and I want you to know I'll treasure that for the rest of my life.

You are a class act. We've had fun here in the last eight years. You have made sitting in the minority for this Senator enjoyable. There have been times, and I'm not even sure--I should have dated this, but a note that was given to me by you. I'm not sure what night it was given, but it was one of the late nights that we had. The note says, "Jim, 'scares the Sam Hill out of me.' An old expression, but much better than ones you've used before. Love, Connie." Always appreciated your sense of humor.

One passion that we certainly share is a passion for children and for kids. Whether being in the minority or being Lieutenant Governor, hopefully this chamber has made a difference for kids.

From my family to your family, to you and your husband, John, I wish you nothing but the best--many years of healthy retirement that you can enjoy your grandchildren. Thank you for making my life and my past eight years very, very pleasurable. I have the greatest admiration for you and your husband. It's been a pleasure knowing you, and that friendship will last forever.

Senator Hart's statement is as follows:

In the 16 years that I have been in the Capitol compound here, I don't believe I've met a person who expresses the compassion and understanding that you do. So much is said about your relationship with children. I'm an adult, and I want to tell you, personally, how much I appreciated it that you took the time when I lost my mother. You called me back there and spoke to me several days. You know, what a great relief that was. I want John to know this as well, you are an exceptional person, and I will always treasure your friendship at a time of need you gave me. God bless you always.

Senator North's statement is as follows:

I wanted to take this opportunity to thank you, Lieutenant Governor Binsfeld, for your years of service to this great state. As a mother, wife, teacher, and politician you have been a role model to us all. Your love for children and dedication to their safety and protection is admirable. Every single child in Michigan is better off because of your hard work. For that, we give you thanks.

Over the years, you and John have been wonderful friends to Sally and me. We value this friendship and will look forward to you spending more of your time in our district, namely, at your summer home up on the shore of Lake Superior in Alger county. As your representative in Lansing, I hope that I will make you as proud as your constituents are of you.

Your humorous, yet forceful nature has graced the Senate chambers as a presiding officer for the past eight years. Without your leadership and direction, our winning agenda may never have seen the light of day.

Again, every Michiganian has benefitted from your dedication. As you move on and shift your focus from helping all of our families to your own, we owe you a debt of gratitude. For this, I thank you for being a wonderful friend, mentor, and leader. I wish you and John all the best in the future.

Senator VanRegenmorter's statement is as follows:

To you, Madam Governor, it has been a wonderful honor to be able to work in the same body with you. If there's anything beyond your work with children that is notable about you, I think high on that list would be respect. You are so respected around this state and, for that matter, around this country. I've often had, as my colleagues have, groups of students who come to the Capitol, and they will watch a House session, and they'll hear the gavel slam a number of times. Then they'll watch a Senate session and, depending a little bit upon who's chairing--if my good friend Senator Schwarz is there, it will be a pretty good slam of the gavel. But, as I often will address them here on this floor, when we're not in session, after having heard the slamming of the gavel, I described to them how when you want some order that you simply gently tap the gavel. The students grow quiet as they listen to that, and they are so impressed, as I am, and I think all of my colleagues are, that with the gentle tap of the gavel your person, which generates so much respect, is enough to provide order on the floor of this chamber--certainly a wonderful example.

I've also had the pleasure of working with you on children's legislation, as has Senator Gougeon; in fact, all of us have, and I must say that in addition to the significant number of bills we've passed with your strong support, that along with that has been a lot of meetings in your office. While you could, in your position, sort of let everyone else do it and be there as kind of the figure head, that is not the role you took. I am so impressed with your hands-on approach. You were familiar with the legislation. You knew the language and the language sort of flowed out of your brain, so you were very, very involved. This state has been blessed to have you as the Lieutenant Governor--a wonderful service. You have sort of become, I think, a mentor to a great number of us and the mother, and yes, the grandmother, for everyone in this state of Michigan.

Senator Hoffman's statement is as follows:

Madam Governor, it's with sadness that I bid you farewell. I've had the opportunity to watch your career grow over the years.

I first remember, I believe it was back when Senator Schuette was just Bill and I was just Phil, we were both involved on the George Bush for President campaign back in 1979. I recall that there was a group of legislators and politically naive interested greenhorns that formed what we called the Bush Pilots. We went out to New Hampshire and campaigned for President George Bush, or then Ambassador George Bush, who would one day be President. I believe you led that delegation out there. I went out there, and you know that's what really whetted my appetite in elective office. It was by your example that actually I was encouraged. I was discouraged about elective office up to that point in time. It really wasn't something that I wanted to do. But, watching you as a legislator, both in the House and then in the Senate and now stepping down as Lieutenant Governor, makes me feel good about the role that I've had in the Legislature because of the leadership of a person like you.

As Assistant President pro tempore in the Senate, I haven't gotten down that gentle way you handle that gavel yet, but maybe someday I will. It's been a pleasure to follow you and to have had the opportunity to watch you guide this Michigan Senate over the past six years--something I'll always remember, and your friendship is something that I cherish, and I will miss you. Good luck.

Senator Gast's statement is as follows:

Connie, mine is going to be very few words, but you know where they come from. After spending almost 24 years with this lady, just a few adjectives, really, describe her. I'll glean a few from the remarks that have been made by others.

It is with respect, the firmness, and the quiet dignity with which you have prevailed that will leave, forever, a lasting impression on all of us who have served with you. You have been a mentor and someone whom we all have a degree of respect and appreciation for. I think that this will always be something that will be treasured by those of us who have served with you during your eight years as our gavel-wielding President of the Senate. Connie, we appreciate your graciousness, your compassion, and we love you very dearly.

Senator Emmons' second statement is as follows:

Connie Binsfeld has been a mentor to me long before I got over here in the Senate because obviously she was the only woman here, and she wanted to have a replacement. I thought I was coming to join her, but she chose and was chosen to do a much higher task. We're so very proud that she's done it so well.

She's been a mentor during the whole time for me. She gave me encouragement to stand up for what I believed in and to then work to build the coalitions that made it necessary to be successful, but to really have courage to follow through. However, she also told me that you learn when you push and then you cut and run with what you've got, and that's probably one of the most valuable lessons to learn from Connie--that there's another day.

I want to tell all of you, though, that Connie Binsfeld isn't going to be gone. If you think you can do something in this Legislature that she doesn't approve of, she's going to be tapping on your shoulder and saying, "Excuse me..." or "I don't think . . ." or "Do you really want to..." I know, also, that when we do the things that Connie really appreciates we will have a pat on the back to say, "Thanks a lot, well done."

And to John, for being a lovely husband, a supportive husband whom I know how well--you cannot get around not having that support--the many times that you've helped Connie through really tough situations. You probably do like my husband and tell her when to give up, too, if you're anything like John. We just want to thank you both for the team that you've given Michigan. Well done. You've been a faithful servant of the people and a wonderful defender of children. We're terribly proud of you.

Senator Bouchard's statement is as follows:

I rise to give remarks to our out-going President, one we will all miss. In fact, I very much claim you as my own. You were a den mother in Huntington Woods, which is a community I represent. In many ways, you're still a den mother here with your quiet tapping of the gavel.

There's a quote from Ella Wheeler-Wilcox, a journalist going back into the 1800s who said, "There's no satisfaction that can compare with looking back across the years and finding you've grown in self control, judgment, generosity, and unselfishness." I think that is applicable to you on all counts, and beyond that, you've taught many of us those same kinds of lessons. So, I think you've very much accomplished what she spoke about in her writings.

One other person said, "You can't carve out a good career with cutting remarks." That is one of the most telling things, too, about you. In the age where being civil seems to be not the norm, unfortunately, you're a shining example of civility.

In many ways, you're an unbelievable contrast of so many different things. You are incredibly forceful while you're being gentle. You are very much passionate in your beliefs and very much reserved as you pursue them. And you also have a heart as big as our state but an ego that is exactly the opposite.

So, for all of those reasons and for everything you've done for us as a role model and for our state's children, I appreciate you, and I will miss you.

Senator Koivisto's statement is as follows:

Connie, I was first elected to the Senate in 1990, and that's the same year you were elected as Lieutenant Governor, so I began my term in the Senate at the same time you were beginning your term as Lieutenant Governor. It was soon after that I realized just how fond a spot you had in your heart for the people I represent and for the Upper Peninsula, in general. That's when your roots came home to roost, and time and time again, you've demonstrated that through the years just what you think of the region I represent and the people I represent. Maybe some of that goes back to those Alger County U.P. roots that you have.

Your term as Lieutenant Governor certainly has been marked with dignity, fairness, and ability, and you were a great Lieutenant Governor, but more important, you are a great person. On behalf of the people I represent, I'd like to congratulate you on a job well done and say we wish you nothing but the very best in the future.

Senator Dunaskiss' statement is as follows:

Congratulations, Connie, on all of your hard work in public life. You and I have both been county commissioners, state Representatives, state Senators. I can only hope and pray that I can achieve half as much as you in your illustrious career. Your dedication to Michigan, to the environment, to the children of Michigan will be your legacy. It's been an absolute pleasure to know you and to serve this great state with you. Connie, you truly will be missed.

Senator V. Smith's statement is as follows:

First I will call you Governor, because that is the term I have always used when I formally addressed you here in this body. You earned that title, and I thought it was respectful to honor you with it.

For myself, Connie, I have thoroughly enjoyed serving with you. I had the pleasure of serving with you both as a state Senator and as a Lieutenant Governor. As a state Senator, one of the things that I have valued about you is that you represented your constituency. One of the things that this Legislature is here to accomplish is to place the ideas of our constituents on the table. We are not supposed to agree, but what we are supposed to do is compromise. I always saw you as a legislator who represented your district and also knew the value of compromise when it was appropriate.

As a Lieutenant Governor, I think you have done the best job that can be done, and that is to be fair. As the Floor Leader, I have always felt that you have treated my caucus fairly. I have always felt that you treated me fairly. Sometimes when I get a little bit out of hand, you brought me back in in a very respectful fashion.

So I thoroughly enjoyed serving with you. I think you have done an outstanding job, and I will truly miss you. All the best Connie. If there is anything I can ever do, don't hesitate.

Senator McManus' statement is as follows:

So we gotta talk about Connie, eh? Connie Binsfeld is the reason that I got into politics. She is one of my constituents in my district. She and my wife got together, and no man can stand up against that, I want to tell you. I was blissfully going along as country squire back in 1990, and Connie decided that I should be in the Senate. Everything else followed from that.

Now I asked John Binsfeld, "What are you going to do with her when you get her home?" And John says, "I'm gonna teach her how to cook." Well the next thing I know he said she came back and said it was O.K. if he sent her to Paris for cooking school. So he says he's not going to do that. Connie, I am not exactly sure, but I do know this much, if you decide to cook, you'll do a good job at it whether it's pasties or cherry pie because you do a good job at whatever you do.

I recall when you started out in politics in Leelanau County on the Leelanau County Commission then when you decided to run for the House of Representatives against Traverse City's own Jack Benchley. The commentary I remember was, "Where did this lady come from?" Anyway, you and some of the ladies up there in Traverse City decided it was time for a woman to represent the area and carried through the campaign and won. Then, after that, there was the bumper sticker that said, "A woman's place is in the House and in the Senate." Then you ran for the Senate and became Senator.

You have been a fine Representative for us a fine Senator a fine Lieutenant Governor, and you carried out the responsibilities of the Governor at times when he was out of the state. You made a smooth transition, which I appreciate, and I'll put you now in the position of an advisor. As you told me at your first announcement that you were not going to run for Lieutenant Governor when we met up in Maple City, "Don't worry, Senator, I've got you on speed dial. I'll be calling you."

So Connie, I want to wish you all the best. I look forward to working with you now as a constituent, and I expect the call.

Senator Stille's statement is as follows:

Connie, this is both a sad and a happy day for all of us. For me, in particular, I have had the great good fortune of always having a kind, considerate, compassionate lady in my midst, yet with a very firm hand to guide and direct me, starting way back from those young years with my truly beloved mom. I feel truly blessed to have the opportunity to serve with you here. While you and I have not work closely on a number of committees, I've always felt your presence with everything that goes on in this body. And I thank you for being the great role model here in the Senate, a steadfast leader, an example of credibility beyond reproach, and I thank you and give you congratulations on your retirement and wish you the best for a long, healthy, happy, pressure-free future, even with John.

Senator Geake's statement is as follows:

I would like to share two quotations and dedicate them to Connie Binsfeld. The first is from a book of parliamentary procedure that was written by M.A. Fox, a great teacher of parliamentary law, who preceded you in the Women's Hall of Fame and died in 1945. She wrote something which I never really believed until I met you. She wrote in her maxims of how to be a presiding officer, "No.10: Do not pound with the gavel. Noise is seldom subdued by noise. A noisy presiding officer never has a quiet house. Secure quiet by poise, dignity, and personality." If she had known you, I would be convinced that you were the model for that maxim.

And secondly, I would like to dedicate to you a short essay that was written by Hubert Hoover, who said, "The older I grow, the more I appreciate children. Now as I near my 80th birthday, I salute them again. Children are the most wholesome part of the race, the sweetest, for they are freshest from the hand of God. Whimsical, ingenious, mischievous, they fill the world with joy and good humor. We adults live a life of apprehension as to what they will think of us, a life of defense against their terrifying energy, a life of hard work to live up to their great expectations. We put them to bed with a sense of relief and greet them in the morning with delight and anticipation. We envy them the freshness of adventure and the discovery of life. In all these ways children add to the wonder of being alive. In all these ways, they help to keep us young." And, of course, I dedicate this reading to you because you, more than anyone else, than anyone in this chamber, know the work that you have done to preserve the chance at childhood for so many children.

Connie, truly through your patience, your wisdom, and your understanding, through the wise policies you have championed, the many public servants you have led and counseled, and the children that you have taught, counseled and yes, saved shall endureth unto all generations. Thank you.

Senator A. Smith's statement is as follows:

Connie, as all of my colleagues have said, you have been a mentor to all of us, but you have been particularly important to the very few women of the Legislature because you have been a role model. Your grace and your graciousness have also taught us that you can lead without diminishing your effectiveness with your decorum. Your assertiveness of the democratic principles of listening and compromise, the very basics of the democratic process, have been modeled for women and all of us. You have been particularly strong and effective in your leadership on issues that are considered women's issues that, fortunately, because of your leadership, men also took to heart. The children of Michigan are greatly improved because of your leadership, and I personally thank you for the role model that you have established for the women of the Michigan Legislature.

Senator Conroy's statement is as follows:

Madam Governor, I welcome you to the retiring ranks. I remember Dick Posthumus didn't think you were old enough to be a grandmother. Dick Posthumus should understand that it's wonderful to be old enough to be a grandparent. It is one of the joys that I have started to appreciate. It kind of resurrects the spirit when that little tyke says, "Thank you, Pappa, I had fun with you today!" as will you, Connie, as you emerge back into your home and be with your husband and your family and grandchildren. It's a wonderful thing and a wonderful time.

I would like to say that sensitivity defines you, that grace defines you, and that it's interesting to see you and your personality rise to the heights that you have with the kind of the personality you have. There isn't a rough edge on you. It's just wonderful, and you've helped the rest of us and certainly me in this endeavor. I came a few years after you started, but I guess I just followed you right over here, Connie. We know you've done an exemplary job; you've stayed longer than you had to stay. You could've gone some time ago and spent it with your family, so we know that you've given to this state more than you needed to do, but the state citizens do appreciate all of the work and the niceness of Connie Binsfeld.

Senator Shugars' statement is as follows:

Madam Governor, after listening to all of these speakers, I have one thing to say, "Mega dittos!" God bless you and your family.

Senator Bennett's statement is as follows:

Madam Governor, Connie, friend, you are our mentor. You are our role model, and you are our friend. You have set the standard for generations yet to serve. For that, we the people of Michigan are eternally grateful.

Senator O'Brien's statement is as follows:

Madam Governor, from the people of my district and especially the children in my district and throughout this state, thank you. It has been, especially for me, a very rare and distinct pleasure to have shared time with you here in this body. God love you and keep you.

Senator Byrum's statement is as follows:

Madam Governor, best wishes to you as you leave state government. Your grace, your leadership, and your commitment to Michigan's children has made its mark on this great state, and you as an individual have made a difference.

I wish you all the best in your retirement. Thank you for giving of your time so we could all be the beneficiaries of it, and may God bless you.

Senator Miller's statement is as follows:

I guess I'm the anchor on these remarks, and it gives me pleasure to be the anchor because our Lieutenant Governor, our friend, our leader has been the anchor in this state on so many issues that I don't know where to start.

I just want to say that the final few years that Connie has been here in the Senate, Democrats have been in the minority in numbers, but we were always in the majority when it came to fairness from our Lieutenant Governor. No matter what the issue was or no matter how ugly partisan politics became on certain issues, our Lieutenant Governor had the wisdom and the vision to make sure that not one issue was marked by partisan politics; rather, they were marked on the merits of the issue.

I hope that our new leaders who come in here in January take time to digest and think about all the accomplishments that Connie Binsfeld has offered to this state, because it's going to be hard role to follow. I had the privilege to serve with her in all these roles, but I just wish that the thousands of people across this state would be able to say their good-byes too. The Lieutenant Governor has been in here many years and been across this state and talked to people from all corners of our great state, and the people that she's championed don't have the privilege to have a high-powered, high-priced lobbyist outside the chamber. She was the voice for the people who didn't have a voice in this state. It means so much when we put aside all the debate and the issues and the partisanship, and we talk about what's best for the people, and she was always at the forefront.

In all the years that I've been in this Legislature, as I look back on all the great people that I've met, when I go home people ask me, "What do you enjoy the most up there?" I enjoy the most that I had a chance to meet people like all of you here, whether you come from the U.P. or you come from the shores of Lake Erie down in Detroit and Monroe county. I'll always have a warm spot for the woman who comes from the northern part of this great state because she made you smile, made you happy. Sometimes in our life we touch moments of sorrow, and she was there, too, when you experienced personal sorrow and personal losses. That's what makes a difference. We can talk about standing up and debating issues, but when you come to that moment in your life when you have a great loss, that means a lot when there is someone there to say "I'm sorry" and give you a little strength to go forward.

Lieutenant Governor, you were there for me, and you were there for thousands of people who don't have the opportunity to say "Thank you," but I want to say thank you to a person that I've had the privilege to serve with in this body for over 20 years. Thank you, and I'll remember you, and I wish you the best of luck with your future endeavors. God bless you.

Senator Schwarz' statement is as follow:

Connie, there is an old saying that succinctly captures your life-long service: "A person who saves the life of another is like a person who saves a whole universe, because we are all descended from one man." How many lives have you helped save, Connie?

Your work on behalf of the state's children is second to none. You helped establish the Children's Ombudsman's office, which was a major step forward in protecting our children. You brought children's issues to the fore with the International Year of the Child. When everything is said and done, you set the standard of compassionate service by which all of us should be measured.

Your life is far from over; you still have many years of service left. I'm sure we'll continue to hear of your exploits and, God willing, join you in some of them. But use these years for yourself and John and for your family. Enjoy these years. Live well. We'll never forget you.

And Connie, from one Presiding Officer to another, bang the gavel.

Senator DeGrow moved the statements made by the Assistant Secretary of the Senate and the Secretary of the Senate be printed in the Journal .

The motion prevailed.

The Assistant Secretary of the Senate's statement is as follows:

Connie, all of our staff in the Secretary of the Senate's office would like to say, "Thank you," from the bottom of our hearts for including us as part of your team up here from your first day on the Rostrum. We really have appreciated all the times that you have covered our mistakes so graciously, and we want to say that if and when you make your first mistake up here as Presiding Officer, we'll try to cover for you.

The Secretary of the Senate's statement is as follows:

Madam Governor, Madam Presiding Officer of the Senate, it has been an honor and a privilege to be the first woman Secretary of the Senate. You've been a friend. You've been a true role model for me. Ray and I have both enjoyed working up here on the Rostrum trying to help you as much as we can.

We wanted to present you with this. It is presented in appreciation to the Lieutenant Governor, Connie Binsfeld, the Presiding Officer of the Senate from 1991 to 1998. We have always considered you the lady with the golden gavel, and we wanted you to have this to remember us.

The President of the Senate made a statement and requested that it be printed in the Journal.

President of the Senate's statement is as follows:

Before we go to the rest of the business before us, please know that I won't say anything nice about myself. There's been enough of that today. I'm smiling on the outside but crying on the inside. I'm sure going to miss you. It's been a wonderful journey, and I really appreciate the friendship that I have had from all of you. We talked about, you talked about, the fact that I did a good job presiding. It's a two-way street. You did a good job as Senators. Your debate was honest, factual, you did your job for your constituents. Now sometimes it got a little strenuous, and I did have to use the gavel, but for the most part you did respond with respect for one another, and we did have fairness in the process, and that is what I hope will continue here. The stability and decorum of this group is one of the best I have ever known, and I have served in lots of areas.

Senator Joe Young has already gone. That's okay. I will tell you, secretly I was very pleased where the Democrats put him because I thought between Senator George Hart and Senator Joe--oh, he is here--that we'd be able to keep this young boy quiet. He must have really been a challenge to his teachers. But it was good having him up front because I could catch his eye and not have to hit the gavel when I needed his attention.

Senator Gast, you gave me opportunities that I would not have had, and as chairman of Appropriations you opened doors for me. I was the first woman to serve on the JCOC because you recognized that I could serve well there, and I really appreciated that. But you have through the years been a stalwart supporter of mine.

John Binsfeld, at home I am probably the worst one to call you on the fact that you lack patience, but the kids I've sort of got them saying Dad isn't very patient. When I think about it today, boy, oh, boy you've had a lot of patience because you have really had to give a lot to let me serve in the many areas that I have.

And I want to thank the supporting staff, both my staff, whom I never could have accomplished what I did without the tremendous talent that they have and their terrific dedication. I want to thank all of the support staff for the Senate that keeps us doing things legally. And Ray and Carol, you have really helped me out an awful lot, and I needed all that support that you gave me. If I've been a good Presiding Officer, a lot of the credit belongs to you.

George McManus, I will have to meet you in Traverse City to keep up on what's going on down here but also to keep up on the Irish jokes that you always tell.

And Chris Dingell, I don't go deer hunting, but I have spent a lot of time in the northern woods, and I can tell you coffee in a tin cup with a few pine needles in it is really good.

Thank you most of all for the years that I've been the Presiding Officer, getting this plaque of a gavel is very touching to me, and it will have a real prominent spot in our home. I'm very pleased with the roses. But I want to tell you that this was something that I feared as a part of the job as Lieutenant Governor. But you have made it a wonderful process and have convinced me that our democracy works best when we show respect, stability, and fairness. So thanks for the use of your gavel. I'll never forget you.

Senator DeGrow moved that the Committee on Farming, Agribusiness and Food Systems be discharged from further consideration of the following bill:

House Bill No.5400, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 10, 17, and 18 (MCL 431.310, 431.317, and 431.318).

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator DeGrow moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on its immediate passage:

House Bill No.5400

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

Resolutions

Senator DeGrow moved that consideration of the following resolutions be postponed for today:

Senate Resolution No.71

Senate Resolution No.178

The motion prevailed.

Senate Resolution No.225

A resolution to support the establishment of a Great Lakes Mariners' Memorial at Whitefish Point.

The question being on the adoption of the resolution,

The resolution was adopted.

Senate Resolution No.226

A resolution to support the establishment of a Great Lakes Lighthouse Center and Museum at Mackinaw City.

The question being on the adoption of the resolution,

The resolution was adopted.

Senator Gast offered the following concurrent resolution:

Senate Concurrent Resolution No.100.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of State Police Two-Way Radio System and Microwave Backbone System Phase II.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the Journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The sites for Phase II of the Department of State Police Two-Way Radio System and Microwave Backbone System are located in Allegan, Barry, Berrien, Branch, Calhoun, Cass, Clare, Ionia, Isabella, Kalamazoo, Kent, Lake, Mason, Mecosta, Montcalm, Muskegon, Newaygo, Oakland, Oceana, Osceola, Ottawa, Saginaw, St. Joseph, and Van Buren Counties. The sites and related equipment (the "Facilities") are currently owned by the State; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house with the votes and names of the members voting thereon entered in the Journal, before the State may enter into a lease with the Authority on a showing of a public purpose; and

Whereas, Providing facilities and equipment to be used by the State pursuant to a lease for Facilities is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facilities by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has, by communication dated November 5, 1998, which communication is available and filed with the Secretary of the Senate, furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the total cost of the Department of State Police Two-Way Radio System and Microwave Backbone System Phase II consisting of the Facilities shall not exceed $42,660,808, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facilities, if any, of which not more than $42,660,808, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facilities, if any, shall be financed from bonds issued by the Authority exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature approves the Authority acquiring the Facilities and leasing them to the State and determines that the leasing of the Facilities from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facilities shall not be less than $5,025,023 and not more than $10,263,528 as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amount shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator DeGrow moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Emmons offered the following resolution:

Senate Resolution No.240.

A resolution honoring Dr.Douglas B. Roberts upon his departure from the position of State Treasurer of the state of Michigan.

Whereas, Born October 9, 1947, Douglas B. Roberts was raised in the Washington, D.C., area as part of a family already dedicated to public service. He studied economics at the University of Maryland and graduated with honors. He then came to Michigan to earn master's and doctorate degrees in economics from Michigan State University; and

Whereas, Doug Roberts joined state government in 1972 as chief aide to the House Taxation Committee. Since that time, he has brought his personal integrity to his work as both Deputy Director and Acting Director of the Department of Management and Budget, as Deputy Superintendent of Public Instruction, and as Director of the Senate Fiscal Agency. He was appointed as Michigan's State Treasurer in January 1991; and

Whereas, As State Treasurer, Doug Roberts has played a leading role in many of the state's most important accomplishments. He helped develop and implement historic changes in Michigan law, including Proposal A, which reformed Michigan's property tax and school finance laws. He was instrumental in the adoption of more than 24 tax cuts and the passage of pension reform, which included a new defined contribution plan for state employees; and

Whereas, Doug Roberts also has managed, as sole fiduciary, the state's pension funds which have increased from $18 billion in 1991 to over $44 billion today. During his tenure as State Treasurer, the state's credit rating has been upgraded five times; and

Whereas, During his 26 years of service to the people of Michigan, Doug Roberts has shown himself to be a man of honesty, effectiveness, and dedication. He has confronted difficult issues squarely and is respected for his problem-solving abilities. He truly sees himself as a servant of the public and is model for those who will follow him; now, therefore, be it

Resolved by the Senate, That the members of this legislative body, on behalf of the people they represent, offer their heartfelt thanks and congratulations to Douglas B. Roberts, State Treasurer of the state of Michigan, for the exemplary service he has provided during the past 26 years; and be it further

Resolved, That a copy of this resolution be transmitted to Douglas B. Roberts as a reminder of his tremendous accomplishments. May he know of our gratitude for all he has done to benefit the state of Michigan and our best wishes for continued success in life.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The resolution was adopted.

Senator DeGrow 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 returned to the order of

Motions and Communications

Senator DeGrow moved that rule 2.106 be suspended to allow all committees to meet during Senate session.

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

Introduction and Referral of Bills

Senator North introduced

Senate Bill No.1358, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending sections 5, 7, 10, 10a, 17, 19, and 55 (MCL 257.1805, 257.1807, 257.1810, 257.1810a, 257.1817, 257.1819, and 257.1855), section 7 as amended by 1992 PA 227, section 10 as amended by 1996 PA 191, section 10a as added by 1990 PA 322, and section 55 as amended by 1991 PA 184.

The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.

Senator Steil introduced

Senate Bill No.1359, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 261, 261a, 261b, 261c, 261d, and 261e.

The bill was read a first and second time by title and referred to the Committee on Financial Services.

Senator Steil introduced

Senate Bill No.1360, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 285.

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

Senators Cisky, Hart and Gast introduced

Senate Bill No.1361, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 415 (MCL 750.415).

The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.

Senator Bullard introduced

Senate Bill No.1362, entitled

A bill to amend 1996 PA 462, entitled "Enhanced access to public records act," by amending sections 2 and 3 (MCL 15.442 and 15.443).

The bill was read a first and second time by title and referred to the Committee on Government Operations.

Senator Schuette introduced

Senate Bill No.1363, entitled

A bill to amend 1978 PA 566, entitled "An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies," by amending section 3 (MCL 15.183), as amended by 1994 PA 317.

The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator DeGrow moved that when the Senate adjourns today, it stand adjourned until Thursday, November 12.

The motion prevailed.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Senate Bill No.184 submits the following:

Meeting held on Thursday, November 5, 1998, at 12:30p.m., Room 100, Farnum Building

Present: Senators Cisky (C) and Shugars

Absent: Senator Byrum

COMMITTEE ATTENDANCE REPORT

The Trial Court Assessment Commission submits the following:

Meeting held on Friday, November 6, 1998, at 10:00a.m., 8th Floor Conference Room, Farnum Building

Present: Senators VanRegenmorter and Dingell

Scheduled Meetings

Conference Committee on House Bill No.4738 - Thursday, November 12, at 11:00a.m., Room 424, Capitol Building (3-7946).

Conference Committee on House Bill No.4740 - Thursday, November 12, at 11:00a.m., Room 424, Capitol Building (3-7946).

Health Policy and Senior Citizens Committee - Thursday, November 12, at 12:30p.m., Room 100, Farnum Building (3-0793).

Human Resources, Labor and Veterans Affairs Committee - Thursday, November 12, at 1:00p.m., Room 210, Farnum Building (3-2420).

Hunting, Fishing and Forestry Committee - Thursday, November 12, at 2:30p.m., Room 110, Farnum Building (3-7670).

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 12:20p.m.

Pursuant to the order previously made, the President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, November 12, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.