No. 14
STATE OF MICHIGAN
Journal of the Senate
93rd Legislature
REGULAR SESSION OF 2005
Senate Chamber, Lansing, Tuesday, February 22, 2005.
10:00a.m.
The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.
The roll was called by the Secretary of the Senate, who announced that a quorum was not present.
Allen--present Emerson--present Olshove--present
Barcia--present Garcia--present Patterson--present
Basham--present George--present Prusi--present
Bernero--present Gilbert--present Sanborn--present
Birkholz--present Goschka--present Schauer--present
Bishop--present Hammerstrom--present Scott--present
Brater--present Hardiman--present Sikkema--present
Brown--present Jacobs--present Stamas--present
Cassis--present Jelinek--present Switalski--present
Cherry--present Johnson--present Thomas--present
Clark-Coleman--present Kuipers--present Toy--present
Clarke--present Leland--present Van Woerkom--present
Cropsey--present McManus--present
Pastor Frederick C. Nose of Vanderbilt Community Church of Vanderbilt offered the following invocation:
O mighty God, our Father, we thank You for this day of life, liberty, and light--for this opportunity to serve. We thank You for the freedom of self-government. We are grateful for the divine privileges, material comfort, and the resources by which the Senate is able to carry on its work. We confess our limitations and human frailties.
I pray that You will give the Senators wisdom, calm, and courage in all of their deliberations. Help them to see the common good, to have a clear vision for the future and the welfare of all of Michigan, I pray. Enable them to see and to choose right over wrong and the best over the better. May they strive for excellence, I pray. May they be affirming and encouraging. I pray that openness, honesty, and fairness will prevail.
Mighty God, I ask that You strengthen each Senator against the pressures of circumstances and people, to resist manipulation and intimidation. I pray for sound reasoning and fair judgment in every decision. I pray for the Senators' personal concerns, that each one will know peace, calm in their families, and a sense of well-being and good physical and emotional health. May they know You, O God, whom to know is life eternal and that Your grace, mercy, and Your peace will rest upon this body through the day.
In the name of Christ, I pray. Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Recess
Senator Hammerstrom moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:05a.m.
10:20a.m.
The Senate was called to order by the President, Lieutenant Governor Cherry.
During the recess, Senators Bernero, Johnson, McManus, Kuipers, Gilbert, Allen, Sikkema, Patterson, Garcia, George, Birkholz, Bishop, Van Woerkom, Hardiman, Cassis, Cropsey, Jelinek and Goschka entered the Senate Chamber.
A quorum of the Senate was present.
Motions and Communications
The following communication was received:
Joint Committee on Administrative Rules
Notice of Objection
Date: February 17, 2005
Subject: Department of Labor and Economic Growth - Office of Financial and Insurance Services (OFIS) Clarification of Reasonable Classification System under Insurance Code (JCAR # 05-3; ORR # 2004-022 LG)
The Joint Committee on Administrative Rules has approved and filed, pursuant to section 45a of the Administrative Procedures Act of 1969, MCL 24.245a, this Notice of Objection, to the above proposed administrative rules. The Committee has affirmately determined by a concurrent majority vote that the following condition or conditions exist under sec. 45a (1):
The agency is exceeding the statutory scope of its rule-making authority.
The rule is in conflict with state law, the Insurance Code of 1956.
The rule is arbitrary or capricious.
Sincerely,
Representative James Marleau Senator Michael Bishop
Chair Alternate Chair
The communication was referred to the Secretary for record.
COMMITTEE ATTENDANCE REPORT
The Joint Committee on Administrative Rules submitted the following:
Meeting held on Thursday, February 17, 2005, at 8:00a.m., Room 405, Capitol Building
Present: Senators Bishop (C), Jelinek, Kuipers and Thomas
Absent: Senator Barcia
The following communication was received:
Office of the Auditor General
February 18, 2005
Enclosed is a copy of the following audit report:
Performance audit of Northville Psychiatric Hospital and Related Closure Activities, Bureau of Hospitals, Centers, and Forensic Mental Health Services, Department of Community Health.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Secretary for record.
The Secretary announced that the following House bill was received in the Senate and filed on Thursday, February 17:
House Bill No. 4197
The Secretary announced that the following official bills were printed on Thursday, February 17, and are available at the legislative Web site:
Senate Bill Nos. 202 203 204 205 206 207 208
House Bill Nos. 4321 4322 4323 4324
The Secretary announced that the following official bills and joint resolutions were printed on Friday, February 18, and are available at the legislative Web site:
Senate Bill Nos. 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228
House Bill Nos. 4325 4326 4327 4328 4329 4330 4331 4332 4333 4334 4335 4336 4337 4338 4339 4340 4341 4342 4343 4344 4345 4346 4347 4348 4349 4350 4351 4352 4353 4354
House Joint Resolutions F G
Messages from the Governor
The following messages from the Governor were received and read:
February 17, 2005
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Sections 323 and 324 of the Ski Area Safety Act of 1962, 1962 PA 199, MCL 408.323 and 408.324:
Ski Area Safety Board
Mr.Vernon S. Barber of 492 Townline, Marquette, Michigan 49855, county of Marquette, succeeding Nicholas S. Sirdenis, whose term has expired, representing Upper Peninsula ski area managers, for a term commencing February 17, 2005 and expiring June 8, 2008.
Mr.Richard D. Starkey of 5860 North Lake Drive, Sanford, Michigan 48657, county of Midland, succeeding David G. Mengebier, who has resigned, representing persons with skiing experience from the Lower Peninsula representing the general public, for a term commencing February 17, 2005 and expiring June 8, 2006.
February 18, 2005
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 20 of the Michigan Boxing Regulatory Act, 2004 PA 403, MCL 338.3620:
Michigan Boxing Commission
Mr.Albert J. Low of 9742 Tioga Trail, Pinckney, Michigan 48169, county of Livingston, appointed to represent licensees, for a term commencing February 20, 2005 and expiring February 19, 2006.
Mr.Douglas J. Maskin of 87 Boulder Lane, Bloomfield Hills, Michigan 48304, county of Oakland, appointed to represent licensees, for a term commencing February 20, 2005 and expiring February 19, 2006.
Mr.Rene Muniz of 536 Mill Street, Lincoln Park, Michigan 48146, county of Wayne, appointed to represent licensees, for a term commencing February 20, 2005 and expiring February 19, 2007.
Mr.Earle L. Robinson of 1308 Glenmeadow Lane, East Lansing, Michigan 48823, county of Ingham, appointed to represent licensees, for a term commencing February 20, 2005 and expiring February 19, 2009.
Mr.James K. Sype of 1845 Pine Knoll Drive, Okemos, Michigan 48864, county of Ingham, appointed to represent the general public, for a term commencing February 20, 2005 and expiring February 19, 2009.
Mr.Robert S. Watson of 14972 Seneca, Redford, Michigan 48239, county of Wayne, appointed to represent the general public, for a term commencing February 20, 2005 and expiring February 19, 2007.
Mr.Bradley A. Wright of 726 Lovell, Troy, Michigan 48085, county of Oakland, appointed to represent the general public, for a term commencing February 20, 2005 and expiring February 19, 2006.
Sincerely,
Jennifer M. Granholm
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Hammerstrom 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 Cherry, designated Senator Kuipers as Chairperson.
After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No.172, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 26 (MCL 421.26), as amended by 1984 PA 172.
Senate Bill No.173, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 22 (MCL 421.22).
Senate Bill No.194, entitled
A bill to amend 2004 PA 402, entitled "Armed forces commemoration act," by amending section 2 (MCL 435.342).
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.171, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," (MCL 421.1 to 421.75) by adding section 22b.
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.174, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 41 (MCL 421.41).
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.
Resolutions
Senators Cherry, Schauer, Thomas, Prusi, Bernero and Jacobs offered the following resolution:
Senate Resolution No.10.
A resolution to memorialize the United States Congress to reverse the planned cuts in the Pell Grant program.
Whereas, Since 1972, federal Pell Grants have enabled the children of low-income and working-class Americans to enter college and achieve the American dream. About a third of Americans in college, some 5.3 million students, receive grants from the $13 billion program. The average grant of $2,400 per year takes a bite out of the rapidly rising college tuition bills that currently average over $5,000 for a public four-year college. Add the cost of fees, room, and board, and the price more than doubles; and
Whereas, The federal Department of Education has recalculated the eligibility formulas by using 2002 tax rates instead of the 1990 rates. Congress allowed this revision in an omnibus spending bill which the American Council of Education estimates will affect all 1.3 million students receiving grants, including 90,000 who will not get any money at all in the coming year. While the change will save the government $300 million annually, an estimated 90% of the students receiving these grants are from families earning less than $35,000 per year. The grant reductions will increasingly squeeze middle-income families trying to send their children to college; and
Whereas, Even assuming that the 2002 tables are more up-to-date than the 1990 tables, changes in state taxation levels since 2002 may make even the updated tables misleading. The bigger picture is that Pell Grants cover only a small portion of the college education bill. With costs rising rapidly, more families who could only barely afford this vital path to prosperity may find that their hopes of climbing up another rung on the economic ladder must be postponed another generation. In our rapidly changing economy where education is the key to adapting, we should not hinder the chance of young people to pursue the American dream; now, therefore, be it
Resolved by the Senate, That we memorialize the United States Congress to reverse the planned cuts in the Pell Grant program; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Hammerstrom 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 resolution,
Senator Hammerstrom moved that the resolution be referred to the Committee on Education.
The motion prevailed.
Senators Clarke, Goschka, Olshove, Scott and Switalski were named co-sponsors of the resolution.
Senators Patterson and Stamas offered the following resolution:
Senate Resolution No.11.
A resolution to memorialize the Congress of the United States and the federal government to work with Michigan officials to align the ownership of mineral rights and surface rights on state and federal lands in Michigan and express our intent to take actions to achieve this goal.
Whereas, State-owned land in Michigan amounts to approximately 13 percent of the acreage and the federal government manages another 8 percent of Michigan's surface area. This large percentage of state and federal land ownership is especially significant in the situations in which ownership of mineral rights is not consistent with the ownership of the surface rights; and
Whereas, The degree to which the rights to minerals do not align with rights to the surface of the land is cause for considerable litigation and frustration in Michigan. This frustration is felt by citizen groups, mineral exploration and production companies, local units of government, and all consumers of gas and oil; and
Whereas, The state of Michigan has jurisdiction over both mineral and surface rights on 3.8 million acres of land and mineral rights alone on another 2.1 million acres. Maps showing ownership of property in Michigan reflect a crazy quilt of ownership. The common situation of surface land ownership differing from ownership of the mineral rights below presents many problems to our state. This nonalignment of ownership makes it difficult to protect land from development and difficult to extract the energy resources that our society needs. Instead, expensive and minimally productive litigation can be the result; and
Whereas, It would be far more productive for the state and federal governments to work together to do all that is possible to minimize conflicts in ownership between surface rights and mineral rights; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States, the Department of Interior, the Bureau of Land Management, the National Forest Service, and the Department of Energy to work with Michigan officials to exchange property to align the ownership of mineral rights and surface rights on state and federal lands in Michigan and express our intent to take actions to achieve this goal; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the Bureau of Land Management, the Department of Interior, the National Forest Service, and the Department of Energy.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Hammerstrom 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 resolution,
Senator Hammerstrom moved that the resolution be referred to the Committee on Natural Resources and Environmental Affairs.
The motion prevailed.
Senators Clark-Coleman, Cropsey, Goschka, Jacobs and Switalski were named co-sponsors of the resolution.
Introduction and Referral of Bills
Senators Hammerstrom, Jacobs, Patterson, Johnson, Schauer, Bernero, Brater, Olshove, Clarke, Emerson and Leland introduced
Senate Bill No.229, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416e.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Hammerstrom, Jacobs, Patterson, Johnson, Schauer, Bernero, Brater, Olshove, Clarke, Emerson and Leland introduced
Senate Bill No.230, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406s.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Garcia, Hammerstrom and Barcia introduced
Senate Bill No.231, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13501, 13505, 13506, 13515, 13517, 13521, 13522, 13525, 13535, and 13536 (MCL 333.13501, 333.13505, 333.13506, 333.13515, 333.13517, 333.13521, 333.13522, 333.13525, 333.13535, and 333.13536), sections 13501 and 13522 as amended by 1994 PA 100 and section 13521 as amended by 1989 PA 56, and by adding part 135A; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Cherry, Jacobs and Patterson introduced
Senate Bill No.232, entitled
A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending section 8 (MCL 390.1458), as amended by 2004 PA 595.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Bishop, Kuipers and Jelinek introduced
Senate Bill No.233, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2111a.
The bill was read a first and second time by title.
Pursuant to MCL 24.245a, the bill was referred to the Committee of the Whole and placed on the order of General Orders.
Senator Gilbert introduced
Senate Bill No.234, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 676a and 907 (MCL 257.676a and 257.907), section 676a as amended by 1999 PA 46 and section 907 as amended by 2004 PA 493.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No.4197, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 20a (MCL 247.670a), as amended by 2002 PA 498.
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 Transportation.
Statements
Senators Basham and Scott asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Basham's statement is as follows:
I was sorry that I missed session last week. I had a bad bout of the flu, and had I been here on Roll Call No.10, I would have voted "yes"; Roll Call No.11, I would have voted "yes"; Roll Call No.9, "yes"; Roll Call No.7, "yes"; and Roll Call No.8 would have been "yes."
Senator Scott's statement is as follows:
On my commute into Lansing this morning, I was most intrigued with a leading local radio program that featured our OFIS commissioner, Linda Watters, speaking on the subject of auto and homeowners insurance. The host of Inside Detroit invited Commissioner Watters to come on the air to address concerns from the many, many individuals who have been continuously calling in to register their complaints about uncontrollable auto and homeowners insurance.
As I sat there listening to the stories of frustrated and angry Detroiters, it only reaffirmed my commitment to continue the good fight until something is done to address the enormous inequities that currently exist in auto and homeowners insurance across this state, especially in urban areas.
I applaud Commissioner Watters for her efforts to ban the use of credit scoring in setting insurance rates and look forward to seeing some relief from her proposed rules. I am convinced that there is more this legislative body can do to coincide with the credit scoring ban that will bring the kind of relief that the residents of our urban areas so desperately need and deserve. I look forward to working with you in achieving this goal.
Committee Reports
The Committee on Technology and Energy reported
Senate Bill No.53, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17c (MCL 777.17c), as added by 2002 PA 28.
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.
Bruce Patterson
Chairperson
To Report Out:
Yeas: Senators Patterson, Kuipers, Birkholz, Brown, Cassis, Olshove and Bernero
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Technology and Energy reported
Senate Bill No.54, entitled
A bill to amend 1979 PA 53, entitled "An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; to prohibit the sending of certain electronic messages; and to prescribe penalties," by amending section 7 (MCL 752.797), as amended by 2000 PA 180, and by adding section 5b.
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.
Bruce Patterson
Chairperson
To Report Out:
Yeas: Senators Patterson, Kuipers, Birkholz, Brown, Cassis, Olshove and Bernero
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Technology and Energy reported
Senate Bill No.151, entitled
A bill to prohibit certain conduct relating to computer software, including spyware, and the unauthorized collection and use of information from computers; to prescribe the powers and duties of certain state agencies and officers; and to provide remedies.
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.
Bruce Patterson
Chairperson
To Report Out:
Yeas: Senators Patterson, Kuipers, Birkholz, Brown, Cassis, Olshove and Bernero
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Technology and Energy submitted the following:
Meeting held on Wednesday, February 16, 2005, at 3:00p.m., Room 210, Farnum Building
Present: Senators Patterson (C), Kuipers, Birkholz, Brown, Cassis, Olshove, Leland and Bernero
The Committee on Education reported
Senate Bill No.136, entitled
A bill to prohibit the issuance and use of false academic credentials; to prohibit false claims concerning academic credentials; to provide for the powers and duties of certain state officials; and to prescribe civil sanctions.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne Kuipers
Chairperson
To Report Out:
Yeas: Senators Kuipers, Cassis, Van Woerkom and Clark-Coleman
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Thursday, February 17, 2005, at 2:00p.m., Room 210, Farnum Building
Present: Senators Kuipers (C), Cassis, Van Woerkom and Clark-Coleman
Excused: Senator Leland
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Thursday, February 17, 2005, at 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Johnson (C), Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski
Scheduled Meetings
Agriculture, Forestry and Tourism - Thursday, February 24, 8:30a.m., Room 110, Farnum Building (373-1635)
Appropriations -
Subcommittees -
Capital Outlay - Thursday, February 24, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Higher Education - Thursday, March 3, 8:30a.m.; Wednesday, March 9, 3:30p.m.; and Tuesday, March 15, 3:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)
Economic Development, Small Business and Regulatory Reform - Wednesday, February 23, 3:00p.m., Rooms 402 and 403, Capitol Building (373-7670)
Finance - Wednesday, February 23, 1:30p.m., Room 110, Farnum Building (373-1758)
Local, Urban and State Affairs - Thursday, February 24, 1:00p.m., Room 110, Farnum Building (373-1707)
Technology and Energy - Wednesday, February 23, 3:00p.m., Room 210, Farnum Building (373-7350)
Senator Hammerstrom moved that the Senate adjourn.
The motion prevailed, the time being 10:49a.m.
The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, February 23, 2005, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate