No. 40

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2011

Senate Chamber, Lansing, Wednesday, May 11, 2011.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Anderson—present Hood—present Pappageorge—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Hunter—present Richardville—present

Casperson—present Jansen—present Robertson—present

Caswell—present Johnson—present Rocca—present

Colbeck—present Jones—present Schuitmaker—present

Emmons—present Kahn—present Smith—present

Gleason—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—excused Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Father Francis M. George of St. John Catholic Church of Howell offered the following invocation:

Father in heaven, we thank You for Your abundant blessings. Thank You for life itself, for the measure of health we need to fulfill our callings, for sustenance, and for the privilege of serving the people of the great state of Michigan.

In the Scriptures, You have said that citizens ought to obey the governing authorities since You have established those very authorities to promote peace, order, and justice. Therefore, today we pray for our Governor, Rick Snyder, all Senators, all Representatives, and all the various levels of state government. In particular, we pray that You will graciously grant them wisdom to govern amid the conflicting interests and issues of our times, a sense of the welfare and true needs of our people, a keen thirst for justice and righteousness, confidence in what is good and fitting, and the ability to work together in harmony even when there are honest disagreements.

We pray that You guide them as they work through the agenda set before them this day. Give them an assurance of what would please You and what would benefit those who live and work in and around our beloved state of Michigan.

We ask all these things through Christ our Lord. Amen.

The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Colbeck entered the Senate Chamber.

The following communication was received and read:

Office of the Auditor General

May 6, 2011

Enclosed is a copy of the following audit report:

Financial audit, including the provisions of the Single Audit Act, of the Department of Attorney General for the period October 1, 2008 through September 30, 2010.

Auditor General

The audit report was referred to the Committee on Government Operations.

Senator Hunter moved that Senators Gleason, Johnson, Warren and Young be temporarily excused from today’s session.

The motion prevailed.

Senators Gleason, Pappageorge, Nofs and Warren entered the Senate Chamber.

Senator Pavlov moved that Senators Brandenburg, Casperson, Green, Jansen, Kowall and Robertson be temporarily excused from today’s session.

The motion prevailed.

Senator Pavlov moved that Senator Meekhof be excused from today’s session.

The motion prevailed.

Senator Kowall entered the Senate Chamber.

Recess

Senator Pavlov moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:07 a.m.

10:20 a.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

During the recess, Senators Brandenburg, Green, Robertson, Jansen, Casperson, Young and Johnson entered the Senate Chamber.

Senator Pavlov moved that the Committee on Appropriations be discharged from further consideration of the following bill:

House Bill No. 4526, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2012; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to provide anticipated appropriations for the fiscal year ending September 30, 2013.

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

Senator Pavlov moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 4526

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

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 10:

House Bill Nos. 4416 4534

Messages from the Governor

The following message from the Governor was received and read:

May 10, 2011

Please be advised of the withdrawal of the appointment of Glenn J. Leep as a member of the Michigan Onion Committee. The appointment letter was filed with the Secretary of the Senate on April 19, 2011 and transmitted to the Office of the Great Seal on the same day.

Sincerely,

Rick Snyder

Governor

The message was referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Moolenaar introduced

Senate Bill No. 374, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending sections 209 and 258 (MCL 331.1209 and 331.1258), section 209 as amended by 1994 PA 398 and section 258 as amended by 1990 PA 273.

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

House Bill No. 4325, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2010 PA 217 and section 17b as amended by 2007 PA 137, and by adding articles II and III.

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.

Senator Pavlov moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.

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

By unanimous consent the Senate returned to the order of

General Orders

Senator Pavlov 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 Calley, designated Senator Smith as Chairperson.

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

Senate Bill No. 213, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2009 PA 150 and section 17751 as amended by 2006 PA 672.

Senate Bill No. 350, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766e (MCL 333.17766e), as added by 2005 PA 87.

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. 4325, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending the title and sections 2, 3, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 20, 20d, 22a, 22b, 24, 24a, 24c, 26a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 39a, 40, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 98, 99, 104, 107, 109, 147, and 152a (MCL 388.1602, 388.1603, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632j, 388.1639, 388.1639a, 388.1640, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1699, 388.1704, 388.1707, 388.1709, 388.1747, and 388.1752a), the title as amended by 2003 PA 158, sections 3, 6, 11a, 11g, 11k, 15, 18, 20, 20d, 22b, 24, 24a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 51c, 51d, 53a, 54, 61a, 62, 74, 98, 99, 107, and 147 as amended by 2010 PA 110, sections 11, 11m, 22a, 51a, and 56 as amended and section 152a as added by 2010 PA 217, sections 11j, 24c, 26a, 39a, 81, 94a, and 104 as amended by 2010 PA 204, section 40 as amended by 2000 PA 297, and section 109 as amended by 1994 PA 283, by amending the heading of article I, and by adding section 22f and articles II, III, and IV; and to repeal acts and parts of acts.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

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

Senate Bill No. 333, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7340b.

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

1. Amend page 1, line 5, after “(NADDI).” by striking out the balance of the subsection.

2. Amend page 2, following line 23, by inserting:

“(5) A PERSON’S FAILURE TO COMPLY WITH THE RECORD-KEEPING OR SALES VERIFICATION REQUIREMENTS OF THIS SECTION DOES NOT CREATE A CIVIL CAUSE OF ACTION FOR DAMAGES TO ANY OTHER PERSON ARISING OUT OF THAT FAILURE, AND THE PERSON IS IMMUNE FROM CIVIL LIABILITY FOR ANY DAMAGES ARISING OUT OF THAT FAILURE.” and renumbering the remaining subsection.

The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

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

House Bill No. 4526, entitled

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Pavlov moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

House Bill No. 4526

House Bill No. 4325

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

The following bill was read a third time:

House Bill No. 4258, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2882a.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 143 Yeas—37

Anderson Gregory Jones Richardville

Bieda Hansen Kahn Robertson

Booher Hildenbrand Kowall Rocca

Brandenburg Hood Marleau Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green

Nays—0

Excused—1

Meekhof

Not Voting—0

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.

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Bieda’s statement is as follows:

Today I would like to introduce Ben Kuehn who is an intern in my office. Ben has been working in my office since January 11 of this year. He is a junior at MSU studying political science, but he grew up in Brooklyn, Michigan. Unfortunately, today is his last day.

He has been a tremendous help in my office, and as you can see, he is the tallest in my office. He is a great worker who is extremely dependable and a whiz on the computers. He has worked tirelessly on just about any project that we have given him. His smiling face is definitely going to be missed, but we wish him well as he steps into the future. Let’s give him a hand for all of his hard work.

The following bill was read a third time:

House Bill No. 4526, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 144 Yeas—25

Booher Hansen Kowall Proos

Brandenburg Hildenbrand Marleau Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green

Nays—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Excused—1

Meekhof

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4325, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 145 Yeas—23

Booher Green Kowall Proos

Brandenburg Hildenbrand Marleau Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Schuitmaker

Colbeck Jones Pappageorge Walker

Emmons Kahn Pavlov

Nays—14

Anderson Hansen Johnson Warren

Bieda Hood Rocca Whitmer

Gleason Hopgood Smith Young

Gregory Hunter

Excused—1

Meekhof

Not Voting—0

In The Chair: President

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

“An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”

The Senate agreed to the full title.

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 52

The resolution consent calendar was adopted.

Senator Jones offered the following resolution:

Senate Resolution No. 52.

A resolution declaring May 2011 as Motorcycle Safety Awareness Month in the state of Michigan.

Whereas, It is most appropriate to join with motorcyclists throughout the state of Michigan in commemorating May 2011 as Motorcycle Safety Awareness Month. This prudent observation elicits all Michigan motorists the opportunity to re-dedicate themselves to the utmost standards of highway safety; and

Whereas, The emergence of spring is synonymous with the return of motorcycle mavens to our state’s roadways. Throughout Michigan, motorcyclists have been on the cutting edge of promoting the wise and sensible use of this enjoyable mode of travel. Indeed, the disproportionate number of motorcycle fatalities makes it vitally important to encourage motorcyclists to understand and practice the highest degree of safety. It is also important to remind other drivers that highway safety is beneficial to all parties traveling on public roadways; and

Whereas, Motorcycle Safety Awareness Month encourages motorcycle operators to don proper protective riding attire; maintain their motorcycles at a high level of safe operating conditions; abide by the laws of the road; and implement operating techniques providing an additional standard of safety. Additionally, car and truck drivers are informed of the fact that motorcyclists are resuming their travels on our public roadways, and each is encouraged to be exceptionally vigilant and watchful when approaching or passing a motorcycle on the highway. It is a distinct pleasure, on this occasion, to encourage all of those who share our streets that safety is every driver’s responsibility; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate May 2011 as Motorcycle Safety Awareness Month in the state of Michigan. All of Michigan’s citizens are urged to identify and know the different types and scope of vehicles on our public roadways and to maintain a caring attitude toward proper allocation of lanes on the road, making the roads of our Great Lakes State safer for all.

Senators Anderson, Bieda, Booher, Caswell, Hansen, Hildenbrand, Hopgood, Kowall, Marleau, Proos and Richardville were named co‑sponsors of the resolution.

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

Senate Resolution No. 30

Senate Concurrent Resolution No. 13

House Concurrent Resolution No. 7

House Concurrent Resolution No. 8

Senate Resolution No. 27

Senate Resolution No. 34

The motion prevailed.

House Concurrent Resolution No. 9.

A concurrent resolution to urge the Federal Energy Regulatory Commission to grant a rehearing and modify its December 16, 2010 order approving the Midwest Independent Transmission System Operator’s cost allocation proposal to share transmission costs.

Whereas, The need for and cost of new, long distance transmission lines are important challenges facing the electric industry in the United States. New transmission facilities are needed to provide essential electric reliability and meet the future demands of a technologically driven economy. However, the Department of Energy estimates that expanding the use of wind power could require transmission expansion costs of $60 billion by 2030; and

Whereas, Ultimately, the costs of new transmission and who pays these costs are determined by the Federal Energy Regulatory Commission (FERC). Under the Federal Power Act, FERC has the authority to regulate interstate transmission and must ensure that transmission rates are just and reasonable. Justness is also a centerpiece of FERC’s Order 890, first issued in 2007, which establishes the commission’s transmission cost allocation principles. Under Order 890, FERC stated that when determining who pays for new transmission, it will first consider whether the cost allocation proposal fairly assigns costs among participants, including those who cause them to be incurred and those who otherwise benefit from them. FERC also stated the intent to consider the support of state authorities and participants when approving cost allocation proposals; and

Whereas, The transmission tariff proposed by the Midwest Independent Transmission System Operator (MISO), which controls the grid in Michigan, 12 other states, and the province of Manitoba, proposes to allocate 100 percent of the costs of certain transmission projects designated as “Multi Value Projects” (MVP) to all customers in the MISO region. The tariff does not consider the unique situation of Michigan as a peninsular state that may not benefit from the construction of transmission lines in other parts of the MISO region. Additionally, the tariff does not adequately consider the principle of cost causation with regard to lower voltage transmission facilities proposed for shared cost allocation; and

Whereas, Since Michigan accounts for 20 percent of the MISO load, Michigan consumers would be responsible for one-fifth of any new MVP transmission facilities approved to be built in the MISO region. FERC’s ruling allows for an uncommon method of allocating costs on a regional basis. There are concerns about the cost benefit analysis that is being used by MISO to approve MVP transmission facilities; and

Whereas, Several states, utilities, and ratepayer groups have filed for rehearing and clarification, including the Michigan Public Service Commission; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we support the Michigan Public Service Commission’s and the MISO Northeast Transmission Customers’ requests for clarification and applications for rehearing of FERC’s December 16 Order approving the Midwest Independent Transmission System Operator’s cost allocation proposal to share transmission costs; and be it further

Resolved, That copies of this resolution be transmitted to the Chairman of the Federal Energy Regulatory Commission, the Chairman of the Michigan Public Service Commission, the President and Chief Executive Officer of the Midwest Independent Transmission System Operator, and the members of the Michigan congressional delegation.

The House of Representatives has adopted the concurrent resolution.

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

Senator Pavlov 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 Pavlov moved that the concurrent resolution be referred to the Committee on Energy and Technology.

The motion prevailed.

Senators Hansen and Proos were named co‑sponsors of the concurrent resolution.

Committee Reports

The Committee on Transportation reported

Senate Bill No. 130, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 321a (MCL 257.321a), as amended by 2004 PA 362.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg and Pavlov

Nays: Senator Gleason

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 287, entitled

A bill to amend 1933 PA 254, entitled “The motor carrier act,” by amending section 2 of article V (MCL 479.2), as amended by 2008 PA 584.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Gleason and Hood

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, May 10, 2011, at 12:30 p.m., Room 100, Farnum Building

Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Gleason and Hood

The Committee on Insurance reported

Senate Bill No. 24, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1505 (MCL 500.1505).

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.

Joseph R. Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Marleau, Hansen, Robertson, Smith and Bieda

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 Insurance submitted the following:

Meeting held on Tuesday, May 10, 2011, at 2:32 p.m., Room 100, Farnum Building

Present: Senators Hune (C), Marleau, Hansen, Robertson, Smith and Bieda

Excused: Senator Brandenburg

COMMITTEE ATTENDANCE REPORT

The Committee on Reforms, Restructuring and Reinventing submitted the following:

Meeting held on Tuesday, May 10, 2011, at 8:37 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, May 10, 2011, at 1:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Nofs (C), Proos, Jones, Marleau, Schuitmaker, Walker, Hopgood, Bieda and Young

Scheduled Meetings

Agriculture - Thursday, May 19, 9:00 a.m., Room 110, Farnum Building (373-5312)

Appropriations -

Subcommittee -

Capital Outlay - Thursday, May 12, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-8080)

Health Policy - Thursday, May 12, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314)

Natural Resources, Environment and Great Lakes - Thursday, May 12, 8:30 a.m., Room 210, Farnum Building (373-5323)

Reforms, Restructuring and Reinventing - Thursday, May 12, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5324)

State Drug Treatment Court Advisory Committee - Tuesday, May 24, 9:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Pavlov moved that the Senate adjourn.

The motion prevailed, the time being 10:57 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, May 12, 2011, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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