No. 83
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Friday, December 21, 2018.
12:15 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 not present.
Ananich—present Hollier—present O’Brien—present
Bieda—present Hood—present Pavlov—present
Booher—present Hopgood—present Proos—present
Brandenburg— present Horn—present Robertson—present
Casperson—present Hune—present Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Stamas—present
Gregory—present MacGregor—present Warren—present
Hansen—present Marleau—present Young—present
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs— present
Senator Mike Shirkey of the 16th District offered the following invocation:
Heavenly Father, we thank You for yet another day—a blessing of Your creation, Lord. You knew these days before we did. You knew what was going to happen yesterday and today well before we did.
Lord, we just ask You to continue to bless our presence, bless our work, bless our hearts, bless our intentions, and let everything we do in some way honor You. Bless the proceedings of the rest of our session day today, Lord, and we just thank You so much for the privilege of knowing You and Your love for us.
In Your Son’s name we pray. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Senators Proos, Warren, Pavlov, Hollier and Hood entered the Senate Chamber.
A quorum of the Senate was present.
Motions and Communications
Senator Kowall moved that Senators Brandenburg, Emmons, Green, Knollenberg, Marleau, Meekhof, Nofs, Robertson, Schmidt, Schuitmaker and Zorn be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senators Ananich, Conyers, Hertel, Hopgood and Knezek be temporarily excused from today’s session.
The motion prevailed.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-079-LR (Secretary of State Filing #18-12-08) on this date at 11:55 a.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Part 380. Occupational Noise Exposure in General Industry.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-080-LR (Secretary of State Filing #18-12-09) on this date at 11:55 a.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Construction Safety and Health Standard, Part 307. Acrylonitrile.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-081-LR (Secretary of State Filing #18-12-10) on this date at 11:55 a.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry and Construction Safety and Health Standard, Part 306. Formaldehyde.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-082-LR (Secretary of State Filing #18-12-11) on this date at 11:55 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety and Health Standard, Part 621. Health Hazard Control for Specific Equipment and Operations for Construction.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-083-LR (Secretary of State Filing #18-12-12) on this date at 11:55 a.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Part 381. Ionizing Radiation.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-084-LR (Secretary of State Filing #18-12-13) on this date at 11:55 a.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry and Construction Safety and Health Standard, Part 311. Benzene.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-086-LR (Secretary of State Filing #18-12-15) on this date at 11:56 a.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Part 303. Methylenedianiline (MDA) in General Industry.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-085-LR (Secretary of State Filing #18-12-14) on this date at 11:56 a.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry and Construction Safety and Health Standard, Part 314. Coke Oven Emissions.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-088-LR (Secretary of State Filing #18-12-17) on this date at 11:56 a.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Part 350. Carcinogens.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
December 12, 2018
In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-087-LR (Secretary of State Filing #18-12-16) on this date at 11:56 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety and Health Standard, Part 605. Methylenedianiline (MDA) in Construction.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Secretary for record.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 12:22 a.m.
3:36 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
During the recess, Senators Schmidt, Emmons, Knollenberg, Nofs, Schuitmaker, Brandenburg, Conyers, Green, Marleau, Robertson, Knezek, Ananich and Hertel entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Proos 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:
House Bill No. 6331, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7106 (MCL 333.7106), as amended by 2014 PA 548.
House Bill No. 6380, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending the title and sections 102, 206, 502, and 505 (MCL 333.27102, 333.27206, 333.27502, and 333.27505), as amended by 2018 PA 10.
House Bill No. 5801, entitled
A bill to amend 1933 PA 62, entitled “Property tax limitation act,” by amending section 3 (MCL 211.203), as amended by 1996 PA 580.
House Bill No. 4474, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 338.
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. 6330, entitled
A bill to amend 2014 PA 547, entitled “Industrial hemp research act,” by amending the title and sections 1, 2, 3, and 4 (MCL 286.841, 286.842, 286.843, and 286.844) and by adding sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19.
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:
House Bill No. 6344, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8125 (MCL 600.8125), as amended by 2012 PA 16.
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
Messages from the Governor
Senator Kowall moved that consideration of the following appointment be postponed temporarily:
Michigan State Housing Development Authority
Jennifer March Grau
The motion prevailed.
The following messages from the Governor were received:
Date: December 19, 2018
Time: 11:43 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1154 (Public Act No. 403), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 411 (MCL 436.1411), as amended by 2014 PA 44.
(Filed with the Secretary of State on December 19, 2018, at 3:12 p.m.)
Date: December 19, 2018
Time: 11:45 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1155 (Public Act No. 404), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 204a.
(Filed with the Secretary of State on December 19, 2018, at 3:14 p.m.)
Date: December 19, 2018
Time: 11:47 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1156 (Public Act No. 405), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 113 (MCL 436.1113), as amended by 2010 PA 213.
(Filed with the Secretary of State on December 19, 2018, at 3:16 p.m.)
Date: December 19, 2018
Time: 11:49 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1157 (Public Act No. 406), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 307 (MCL 436.1307), as amended by 2010 PA 213.
(Filed with the Secretary of State on December 19, 2018, at 3:18 p.m.)
Date: December 19, 2018
Time: 11:51 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1158 (Public Act No. 407), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 603 (MCL 436.1603), as amended by 2014 PA 43.
(Filed with the Secretary of State on December 19, 2018, at 3:20 p.m.)
Date: December 19, 2018
Time: 11:53 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1159 (Public Act No. 408), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 536.
(Filed with the Secretary of State on December 19, 2018, at 3:22 p.m.)
Date: December 19, 2018
Time: 11:55 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1160 (Public Act No. 409), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 109 (MCL 436.1109), as amended by 2014 PA 42.
(Filed with the Secretary of State on December 19, 2018, at 3:24 p.m.)
Date: December 19, 2018
Time: 11:57 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1161 (Public Act No. 410), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 534 (MCL 436.1534), as added by 2008 PA 218.
(Filed with the Secretary of State on December 19, 2018, at 3:26 p.m.)
Date: December 19, 2018
Time: 11:59 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1162 (Public Act No. 411), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 517a (MCL 436.1517a), as amended by 2018 PA 110.
(Filed with the Secretary of State on December 19, 2018, at 3:28 p.m.)
Date: December 19, 2018
Time: 12:01 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1163 (Public Act No. 412), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 517 (MCL 436.1517), as amended by 2004 PA 169.
(Filed with the Secretary of State on December 19, 2018, at 3:30 p.m.)
Date: December 19, 2018
Time: 12:03 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1164 (Public Act No. 413), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 537 (MCL 436.1537), as amended by 2018 PA 40.
(Filed with the Secretary of State on December 19, 2018, at 3:32 p.m.)
Date: December 19, 2018
Time: 12:05 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1165 (Public Act No. 414), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 105 (MCL 436.1105), as amended by 2014 PA 353.
(Filed with the Secretary of State on December 19, 2018, at 3:34 p.m.)
Date: December 19, 2018
Time: 12:07 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1166 (Public Act No. 415), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 111 (MCL 436.1111), as amended by 2010 PA 213.
(Filed with the Secretary of State on December 19, 2018, at 3:36 p.m.)
Date: December 19, 2018
Time: 12:09 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1167 (Public Act No. 416), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 113a (MCL 436.1113a), as amended by 2010 PA 213.
(Filed with the Secretary of State on December 19, 2018, at 3:38 p.m.)
Date: December 19, 2018
Time: 12:11 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1168 (Public Act No. 417), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 607 (MCL 436.1607), as amended by 2008 PA 218.
(Filed with the Secretary of State on December 19, 2018, at 3:40 p.m.)
Date: December 19, 2018
Time: 12:37 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 434 (Public Act No. 395), being
An act to amend 2016 PA 198, entitled “An act to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs,” by amending section 1 (MCL 4.771).
(Filed with the Secretary of State on December 19, 2018, at 2:56 p.m.)
Date: December 19, 2018
Time: 12:39 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 751 (Public Act No. 387), being
An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending section 1203a (MCL 339.1203a), as added by 1997 PA 97.
(Filed with the Secretary of State on December 19, 2018, at 2:40 p.m.)
Date: December 19, 2018
Time: 12:41 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 842 (Public Act No. 396), being
An act to amend 1978 PA 368, entitled “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,” by amending section 17766 (MCL 333.17766), as amended by 2006 PA 416, and by adding sections 7423 and 21418.
(Filed with the Secretary of State on December 19, 2018, at 2:58 p.m.)
Date: December 19, 2018
Time: 12:43 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 898 (Public Act No. 397), being
An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 4621 (MCL 500.4621), as added by 2008 PA 29.
(Filed with the Secretary of State on December 19, 2018, at 3:00 p.m.)
Date: December 19, 2018
Time: 12:45 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 929 (Public Act No. 398), being
An act to amend 1978 PA 368, entitled “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,” (MCL 333.1101 to 333.25211) by adding section 20921a.
(Filed with the Secretary of State on December 19, 2018, at 3:02 p.m.)
Date: December 19, 2018
Time: 12:47 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 960 (Public Act No. 379), being
An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 21a.
(Filed with the Secretary of State on December 19, 2018, at 2:24 p.m.)
Date: December 19, 2018
Time: 12:49 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 962 (Public Act No. 388), being
An act to amend 1979 PA 218, entitled “An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of licensing and regulatory affairs and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending sections 3, 4, and 26a (MCL 400.703, 400.704, and 400.726a), sections 3 and 4 as amended by 2016 PA 525 and section 26a as amended by 2017 PA 156.
(Filed with the Secretary of State on December 19, 2018, at 2:42 p.m.)
Date: December 19, 2018
Time: 12:51 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1051 (Public Act No. 389), being
An act to amend 1984 PA 431, entitled “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending sections 113, 115, 123, 124, 283, 299, 343, 353, 363, 367, 373, 421, 462, 483, 484, 485, 486, and 487 (MCL 18.1113, 18.1115, 18.1123, 18.1124, 18.1283, 18.1299, 18.1343, 18.1353, 18.1363, 18.1367, 18.1373, 18.1421, 18.1462, 18.1483, 18.1484, 18.1485, 18.1486, and 18.1487), sections 113, 353, 363, 462, 484, 485, and 486 as amended by 1999 PA 8, section 115 as amended by 2012 PA 430, section 299 as added by 2006 PA 95, section 367 as amended by 2016 PA 221, section 373 as added by 2012 PA 536, section 421 as amended by 1988 PA 504, and sections 483 and 487 as added by 1986 PA 272, and by adding section 495; and to repeal acts and parts of acts.
(Filed with the Secretary of State on December 19, 2018, at 2:44 p.m.)
Date: December 19, 2018
Time: 9:01 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 965 (Public Act No. 419), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 9106 (MCL 324.9106), as amended by 2005 PA 55.
(Filed with the Secretary of State on December 20, 2018, at 1:16 p.m.)
Date: December 19, 2018
Time: 9:03 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1023 (Public Act No. 420), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 248 (MCL 257.248), as amended by 2016 PA 425, and by adding section 248l.
(Filed with the Secretary of State on December 20, 2018, at 1:18 p.m.)
Date: December 19, 2018
Time: 9:05 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1029 (Public Act No. 421), being
An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 7604 (MCL 500.7604), as amended by 1994 PA 226, and by adding chapter 55.
(Filed with the Secretary of State on December 20, 2018, at 1:20 p.m.)
Date: December 19, 2018
Time: 9:11 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 981 (Public Act No. 424), being
An act to amend 1966 PA 225, entitled “An act to provide for the inspection, licensing, and regulation of carnival and amusement rides; to provide for the safety of the public using carnival and amusement rides; to provide for the powers and duties of certain state governmental officers and entities; to provide for the disposition of revenues; and to prescribe penalties,” by amending section 9 (MCL 408.659).
(Filed with the Secretary of State on December 20, 2018, at 1:26 p.m.)
Date: December 19, 2018
Time: 9:13 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1013 (Public Act No. 425), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 801h (MCL 257.801h), as added by 1996 PA 551.
(Filed with the Secretary of State on December 20, 2018, at 1:28 p.m.)
Date: December 19, 2018
Time: 9:15 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1181 (Public Act No. 426), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 610d.
(Filed with the Secretary of State on December 20, 2018, at 1:30 p.m.)
Date: December 20, 2018
Time: 11:01 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 489 (Public Act No. 431), being
An act 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 1 (MCL 722.111), as amended by 2017 PA 257.
(Filed with the Secretary of State on December 20, 2018, at 1:40 p.m.)
Date: December 20, 2018
Time: 11:03 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 490 (Public Act No. 432), being
An act to amend 1994 PA 203, entitled “An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,” by amending section 2 (MCL 722.952), as amended by 2016 PA 190.
(Filed with the Secretary of State on December 20, 2018, at 1:42 p.m.)
Date: December 20, 2018
Time: 11:05 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 797 (Public Act No. 433), being
An act 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,” (MCL 722.111 to 722.128) by adding section 8d.
(Filed with the Secretary of State on December 20, 2018, at 1:44 p.m.)
Date: December 20, 2018
Time: 11:07 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 798 (Public Act No. 434), being
An act to establish the safe families for children program; to prescribe the powers and duties of certain state departments and public and private agencies; to allow for temporary delegation of a parent’s or guardian’s powers regarding care, custody, or property of a minor child; and to prescribe procedures for providing host families for the temporary care of children.
(Filed with the Secretary of State on December 20, 2018, at 1:46 p.m.)
Respectfully,
Rick Snyder
Governor
The following message from the Governor was received on December 20, 2018, and read:
EXECUTIVE ORDER
No. 2018-13
Michigan Future Talent Council
Department of Talent and Economic Development
Talent Investment Agency
Michigan Department of Education
Department of Licensing and Regulatory Affairs
Governor’s Talent Investment Board
Workforce Development Agency
Michigan Strategic Fund
Amendment of Executive Order 2015-11
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and
WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and
WHEREAS, Executive Order 2015-11 established the Governor’s Talent Investment Board within the Michigan Talent Investment Agency as the state workforce investment board required under Section 101 of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29 USC 3101 et seq.; and
WHEREAS, talent development is essential for the advancement of our education system and our economy; and
WHEREAS, partnerships between educators, employers, stakeholders, and the state will transform Michigan’s talent pipeline and redesign the ways we invest in, develop, and attract talent; and
WHEREAS, Michigan must ensure that a talented workforce is available to fill the talent shortages that currently exist across multiple industries and are estimated to increase over the next five years; and
WHEREAS, the recently enacted Marshall Plan for Talent (the “Marshall Plan”) will invest $100 million over five years to revolutionize Michigan’s talent and education system; and
WHEREAS, it is necessary to reform the current state workforce investment board to continue its operations and charges and to ensure the successful implementation of the Marshall Plan;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, pursuant to the powers vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:
I. RENAMING AND TRANSFER OF THE GOVERNOR’S TALENT INVESTMENT BOARD
A. The Governor’s Talent Investment Board (the “Board”), created by Executive Order 2015-11, is renamed the Michigan Future Talent Council (the “Council”).
B. The Council is transferred from the Talent Investment Agency to the Department of Talent and Economic Development (the “Department”).
II. EFFECTIVENESS OF EXECUTIVE ORDER 2015-11
Executive Order 2015-11, which created the Board, remains in full force and effect, in accordance with its original terms, except as amended by this Order.
III. AMENDMENT TO SECTION II OF EXECUTIVE ORDER 2015-11
Section II of Executive Order 2015-11 is amended to provide as follows:
A. The Council shall consist of not less than the following:
1. The Governor;
2. A member of the Michigan House of Representatives, appointed by the Speaker of the Michigan House of Representatives who shall serve in an ex-officio capacity. A member appointed under this subsection shall serve only while a member of the Michigan House of Representatives;
3. A member of the Michigan Senate, appointed by the Majority Leader of the Michigan Senate who shall serve in an ex-officio capacity. A member appointed under this subsection shall serve only while a member of the Michigan Senate;
4. Subject to Section III, Part B of this Order, twenty-two (22) members appointed by the Governor, consisting of the following:
a. Twelve (12) shall be representatives of businesses in Michigan, who—
i. Are owners of businesses, chief executives, or chief operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local workforce development board established by the Michigan One-Stop Service Center System Act, 2006 PA 491, MCL 408.111 et seq.;
ii. Represent businesses or organizations representing a business that provides employment opportunities that include emerging and in-demand occupations in Michigan;
iii. Are appointed from among individuals nominated by business organizations and business trade associations in Michigan;
b. Two (2) representatives of individuals who are elected chief executive officers of a city or a county;
c. Five (5) representatives of the workforce in Michigan, who—
i. Shall include representatives of labor organizations, who have been nominated by labor federations in Michigan;
ii. Shall include a representative of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in Michigan, such a representative of an apprenticeship program in Michigan;
iii. May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities;
iv. May include representatives of organizations that have demonstrated experience and expertise in addressing employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; and
d. Three (3) members representing state official(s) with primary responsibility for the administration of core programs as defined by Section 3(12)-(13) of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, (the “WIOA”);
B. The initial members of the Council shall be the members of the Board at the time of the filing of this Order. The initial members of the Council may continue to serve in the same manner as the original appointment for the balance of the unexpired term. However, to ensure representation for the members described under Section III, Part A(4) of this Order, the Governor shall not appoint additional members until the number of members falls below the membership requirements described in Section III, Part A(4) of this Order.
C. Subject to Section III, Part B of this Order, a vacancy on the Council shall be filled as described in Section III, Part A(4) of this Order. All subsequent appointments shall be for a term of three years. Council members may be reappointed to serve multiple terms.
D. The Governor shall appoint an Executive Director to coordinate the duties of the Council. The Executive Director shall advise the Governor and state departments on all matters regarding the formulation and implementation of policies, programs, and procedures related to talent. The Executive Director shall be a non-voting member of the Council and his or her participation shall not count for establishing a quorum.
E. The Governor shall designate a chairperson and vice-chairperson for the Council from among those members described in Section III, Part A(4)(a)(i)-(iii) who both shall serve as chairperson and vice-chairperson at the pleasure of the Governor.
F. The Governor may send his or her designee to any meeting of the Council and that designee’s attendance shall constitute attendance by the Governor for quorum purposes. A person attending a Council meeting as a designee of the Governor is authorized to vote on behalf of the Governor.
G. In addition, the following department or agency heads or their designees from within their respective departments or agencies shall serve in an ex-officio capacity on the Council. They shall be non-voting members and their participation shall not count for establishing a quorum.
1. The Director of the Department of Talent and Economic Development;
2. The Director of the Department of Technology, Management and Budget;
3. The Director of the Department of Licensing and Regulatory Affairs;
4. The Director of the Michigan Department of Health and Human Services;
5. The Superintendent of Public Instruction;
6. The President of the Michigan Strategic Fund; and
7. The Director of the Michigan Bureau of Labor Market Information and Strategic Initiatives.
H. In accordance with regional diversity requirements for state workforce development boards under Section 101(b)(2) of the WIOA, the Governor shall consult with representatives of each of Michigan’s ten prosperity regions as part of the process in making appointments to the Council.
I. The Council shall maintain a 21st Century Talent Creation Subcommittee. The members of this subcommittee shall consist of the following:
a. Four (4) members representing K-12 schools in Michigan appointed by the Governor for a term of two years. Of these members, two shall have an initial appointment of three years. These members shall also serve as non-voting ex-officio members of the Council.
b. Two (2) members representing community colleges in Michigan appointed by the Governor for a term of two years. Of these members, one shall have an initial appointment of three years. These members shall also serve as non-voting ex-officio members of the Council.
c. Two (2) members representing public universities and colleges in Michigan appointed by the Governor for a term of two years. Of these members, one shall have an initial appointment of three years. These members shall also serve as non-voting ex-officio members of the Council.
d. One (1) member representing private non-profit accredited colleges in Michigan appointed by the Governor for a term of two years. This member shall also serve as a non-voting ex-officio member of the Council.
e. Any number of voting and/or ex-officio members of the Council appointed by the Chairperson of the Council to this subcommittee and serving at the pleasure of the Chairperson of the Council.
IV. AMENDMENT TO SECTION III OF EXECUTIVE ORDER 2015-11
Section III of Executive Order 2015-11 is amended to provide as follows:
A. The Council is an advisory body charged with advising and assisting the Governor regarding compliance with the WIOA and shall do all of the following:
1. Collaborate on implementing the Marshall Plan in accordance with 2018 PA 227, MCL 388.1602 to 388.1897.
2. Review and make recommendations on state structures and organization of existing boards, commissions and workgroups on talent, continuing education, workforce, and other entities related to the mission of the Council.
3. Review programs for alignment with the Marshall Plan, including but not limited to:
a. Dual Enrollment as described in the Postsecondary Enrollment Options Act, 1996 PA 160, MCL 388.511 to 388.524;
b. Career and Technical Education and Vocational Education funding as described in MCL 388.1661a, 388.1661b, 388.1661c, 388.1662, and the Career and Technical Preparation Act, 2000 PA 258, MCL 388.1901 to 388.1913;
c. Early/middle colleges as described in MCL 388.1661b;
d. Community Ventures, the effort to employ the structurally unemployed undertaken by the Department;
e. Adult Education and the WIOA;
f. The Carl D. Perkins Career and Technical Education Act of 2006, Public Law 109-270;
g. The Trade Act of 1974, Public Law 93-618;
h. Registered apprenticeships and associated regulations as specified by the US Department of Labor;
i. MiSTEM Network Regions as described in MCL 388.1699s;
j. FIRST Robotics grants as described in MCL 388.1699h;
k. Going Pro as described in the Going Pro Talent Fund Act, 2018 PA 260, MCL 408.151 to 408.163;
l. GEAR UP, otherwise known as the Gaining Early Awareness and Readiness for Undergraduate Programs, as implemented by the US Department of Education;
m. CCSTEP, otherwise known as the Community College Skilled Trades Equipment Program; and
n. Any other state statutes, policies, or regulations that affect the programs described in this section or the creation of talent in this state.
4. Analyze top performing states to determine how their state and local workforce agencies, economic developers, educators, and experts collaborate on creating policies and providing services to create a successful and secure talent pipeline.
5. Work with the federal government on the following issues to be used in innovative career pathways that result in competency-based credentials in high-demand fields, including but not limited to:
a. Perkins funding;
b. WIOA funding;
c. Trade Act funding;
d. Temporary Assistance for Needy Families funding;
e. Food Assistance Employment & Training funding;
f. State School Aid funding (including Section 107 – Adult Education);
g. Registered apprenticeships; and
h. GEAR UP.
6. Monitor labor market changes in Michigan and across the nation, with attention paid to emerging fields such as cybersecurity, artificial intelligence and machine learning, automation, and mobility.
7. Advise the Governor, the Legislature, and the Department on fields that are expected to have above-average demand and above-average salaries in Michigan.
8. Advise the Governor, the Legislature, and the Department on new, in-demand workforce credentials that are stackable, marketable, and transferrable, including those that Michigan could develop.
9. Advise the Governor, the Legislature, and the Department to evaluate the implementation of the Marshall Plan, including the examination of how Talent Consortia have increased student achievement, successfully removed barriers to P-20 and lifelong learning, and have adopted the philosophies of competency-based learning. This shall include the use of data and metrics to demonstrate effectiveness.
10. Develop and disseminate methods to incentivize and encourage joint evaluation and planning of talent needs, including state and local cooperation and collaboration, for long term planning and strategic management.
11. Assist in the formation of Talent Consortia, including connecting educators with employers and disseminating best practices for creating and sustaining Talent Consortia.
12. Provide recommendations to the Governor, the Legislature, state departments, and members of the business and education communities on how employers can update hiring practices to align with the realities of the 21st century economy.
13. Advise the Governor, the Legislature, and the Department on growing, emerging, and high-demand fields that are experiencing or expected to experience significant shortages in qualified employees and assist in providing suggested retraining opportunities.
14. Advise the Department on Michigan’s talent attraction and retention strategy, including recommendations on partnerships with other state departments.
15. Build strategic partnerships with relevant associations, industry groups, and non-governmental organizations to further Michigan’s talent needs.
B. The Council may promulgate bylaws, not inconsistent with federal law, Michigan law, or this Order, governing its organization, operation, and procedures.
C. The Council shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office.
D. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council. Meetings of the Council shall be held within the state of Michigan.
E. A majority of the members of the Council constitutes a quorum for the transaction of business. The Council’s actions shall be constituted by a majority vote of the serving members participating in a meeting only when a quorum is present. To the extent authorized by Michigan law, the Council may authorize members to participate in a Council meeting using telephonic or video equipment. Members participating in a meeting via telephonic or video equipment shall be considered present at the meeting. Voting shall be conducted in person or by use of telephonic or video equipment.
F. The Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may consult with outside experts to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector.
G. The Council may establish workgroups or committees assigning Council members to and inviting public participation on these workgroups or committees as the Council considers necessary. The Council may adopt, reject, or modify recommendations made by workgroups or committees.
H. Members of the Council shall serve without compensation. Members of the Council may receive reimbursement for travel and expenses according to relevant statutes and rules and procedures of the Civil Service Commission and the Department of Technology, Management and Budget, subject to available appropriations.
I. As required under Section 101(f) of the WIOA, a member of the Council may not do any of the following:
1. Vote on a matter under consideration by the Council:
a. Regarding the provision of services by the member or by an entity that the member represents; or
b. That would provide direct financial benefit to the member or the immediate family of the member.
2. Engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the unified state plan required by Section 102 of the WIOA.
J. To assure full compliance with the sunshine requirements under Section 101(g) of the WIOA, meetings of the Council shall be held according to procedures established under the Open Meetings Act, 1976 PA 2678, MCL 15.261 to 15.275.
K. To assure full compliance with the sunshine requirements under Section 101(g) of the WIOA, the Council is a public body under the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246.
L. Members of the Council shall refer all legal, legislative, and media contacts to the Department.
M. In accordance with applicable state contracting and procurement procedures, the Council may make or enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties, including the hiring or retention of contractors, consultants, or agents, as the Chairperson deems advisable and necessary.
N. The Council may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.
This Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 17th day of December, in the Year of our Lord Two Thousand Eighteen.
Richard D. Snyder
Governor
By the Governor:
Ruth A. Johnson
Secretary of State
The executive order was referred to the Committee on Government Operations.
The following messages from the Governor were received and read:
December 17, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Board of Osteopathic Medicine and Surgery
Jesse Michael Guasco of 15942 Pastoral Path, East Lansing, Michigan 48823, county of Clinton, representing physicians, succeeding David Walters, is appointed for a term expiring December 31, 2020.
December 18, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Bean Commission
Neil French of 262 Markel Road, Munger, Michigan 48747, county of Bay, representing processors, shippers and handlers, succeeding himself, is reappointed for a term expiring December 31, 2021.
December 18, 2018
I respectfully submit to the Senate the following appointments to office:
Michigan Citizen-Community Emergency Response Coordinating Council
Michael Bradley of 5513 Saint Joseph Avenue, Stevensville, Michigan 49127, county of Berrien, representing individuals with technical expertise related to emergency response, succeeding himself, is reappointed for a term expiring December 31, 2022.
Steven James Frisbie of 148 Pheasantwood Trail, Battle Creek, Michigan 49017, county of Calhoun, representing individuals with technical expertise related to emergency response, succeeding Kenneth Gembel, is appointed for a term expiring December 31, 2022.
Bradley Alan Smith of 4609 Colf Road, Carleton, Michigan 48117, county of Monroe, representing individuals with technical expertise related to emergency response, succeeding himself, is reappointed for a term expiring December 31, 2022.
December 18, 2018
I respectfully submit to the Senate the following appointment to office:
Correctional Officers’ Training Council
Sherman Campbell of 2154 Tamie Way, Jackson, Michigan 49203, county of Jackson, representing the Michigan Department of Corrections, succeeding Duncan MacLaren, is appointed for a term expiring March 29, 2020.
December 18, 2018
I respectfully submit to the Senate the following appointment to office:
State Police Retirement Board
Mitchell Stevens of 1574 Honeydew Lane, Gaylord, Michigan 49735, county of Otsego, representing members of the retirement systems having rank of sergeant or below, succeeding himself, is reappointed for a term expiring December 31, 2021.
December 19, 2018
I respectfully submit to the Senate the following appointments to office:
21st Century Talent Creation Subcommittee
Russell Kavalhuna of 23540 Wilson, Dearborn, Michigan 48128, county of Wayne, representing community colleges, is appointed for a term expiring December 17, 2020.
Joseph Michael Lubig of 1200 Ortman Road, Marquette, Michigan 49855, county of Marquette, representing public universities, is appointed for a term expiring December 17, 2021.
Alycia Renae Meriweather of 1051 Vinewood Street, Detroit, Michigan 48216, county of Wayne, representing K-12 schools, is appointed for a term expiring December 17, 2020.
Billy Paul Pink of 203 N. Grayfield Court, S.E., Ada, Michigan 49301, county of Kent, representing urban area community colleges, is appointed for a term expiring December 17, 2021.
Mark Pogliano of 1013 Colony Court, Saline, Michigan 48176, county of Washtenaw, representing K-12 schools, is appointed for a term expiring December 17, 2020.
Megan Renee Schrauben of 2620 N. Parker Road, Dexter, Michigan 48130, county of Washtenaw, representing K-12 schools, is appointed for a term expiring December 17, 2021.
John Richard VanWagoner of 1280 Trowbridge Drive, Alpena, Michigan 49707, county of Alpena, representing Northern Michigan K-12 schools, is appointed for a term expiring December 17, 2021.
December 19, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Collection Practices Board
John Garrett Angelo of 1485 Sodon Lake Drive, Bloomfield Hills, Michigan 48302, county of Oakland, representing professionals, succeeding Scott Prince, is appointed for a term expiring June 30, 2022.
December 19, 2018
I respectfully submit to the Senate the following appointment to office:
Michigan Board of Speech Language Pathology
Lorri Anne Rishar Jandron of 8411 Glen Pass, Lansing, Michigan 48917, county of Eaton, representing the general public, succeeding Christopher Mills, is appointed for a term expiring December 31, 2019.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that the Committee on Health Policy be discharged from further consideration of the following bill:
House Bill No. 5776, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 18101, 18107, 18111, and 18115 (MCL 333.18101, 333.18107, 333.18111, and 333.18115), sections 18101 and 18111 as added by 1988 PA 421, section 18107 as amended by 1989 PA 262, and section 18115 as amended by 2006 PA 429, and by adding sections 18106 and 18116.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Kowall 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. 5776
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Kowall 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 Proos 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 with a substitute therefor, the following bill:
House Bill No. 5385, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2016 PA 445.
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.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 3:50 a.m.
3:59 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Zorn, Meekhof and Hopgood entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall 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. 6330
House Bill No. 6331
House Bill No. 6380
House Bill No. 6344
House Bill No. 5801
House Bill No. 4474
House Bill No. 5385
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 5152
House Bill No. 5153
House Bill No. 6331
House Bill No. 6380
House Bill No. 6344
House Bill No. 5801
House Bill No. 4474
House Bill No. 5385
The motion prevailed.
The following bill was read a third time:
House Bill No. 5152, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 9145.
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. 1031 Yeas—36
Ananich Gregory Knezek Robertson
Bieda Hansen Knollenberg Rocca
Booher Hertel Kowall Schmidt
Brandenburg Hildenbrand MacGregor Schuitmaker
Casperson Hollier Meekhof Shirkey
Colbeck Hood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Nays—0
Excused—2
Hopgood Marleau
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.
The following bill was read a third time:
House Bill No. 5153, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1106 and 5314 (MCL 700.1106 and 700.5314), as amended by 2017 PA 155.
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. 1032 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar:
House Bill No. 6330
The motion prevailed.
The following bill was read a third time:
House Bill No. 6330, entitled
A bill to amend 2014 PA 547, entitled “Industrial hemp research act,” by amending the title and sections 1, 2, 3, and 4 (MCL 286.841, 286.842, 286.843, and 286.844) and by adding sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19.
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. 1033 Yeas—36
Ananich Hansen Knezek Proos
Bieda Hertel Knollenberg Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hollier MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Conyers Hopgood Meekhof Shirkey
Emmons Horn Nofs Stamas
Green Hune O’Brien Warren
Gregory Jones Pavlov Young
Nays—2
Colbeck Zorn
Excused—0
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 authorize the growing and cultivating of industrial hemp for research purposes; to authorize the receipt and expenditure of funding for research related to industrial hemp; and to prescribe the powers and duties of certain state agencies and officials and colleges and universities in this state,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 6331, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7106 (MCL 333.7106), as amended by 2014 PA 548.
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. 1034 Yeas—37
Ananich Hansen Knezek Proos
Bieda Hertel Knollenberg Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hollier MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Young
Gregory
Nays—1
Zorn
Excused—0
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.
The following bill was read a third time:
House Bill No. 6380, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending the title and sections 102, 206, 502, and 505 (MCL 333.27102, 333.27206, 333.27502, and 333.27505), as amended by 2018 PA 10.
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. 1035 Yeas—36
Ananich Hansen Knezek Proos
Bieda Hertel Knollenberg Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hollier MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Conyers Hopgood Meekhof Shirkey
Emmons Horn Nofs Stamas
Green Hune O’Brien Warren
Gregory Jones Pavlov Young
Nays—2
Colbeck Zorn
Excused—0
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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 6344, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8125 (MCL 600.8125), as amended by 2012 PA 16.
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. 1036 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5801, entitled
A bill to amend 1933 PA 62, entitled “Property tax limitation act,” by amending section 3 (MCL 211.203), as amended by 1996 PA 580.
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. 1037 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 provide limits on the rate of taxation on property; to provide for a division of the rate of taxation between counties, townships, municipal corporations, intermediate school districts, and other local units; to earmark funds raised by increasing the total tax limitation; to prescribe penalties and provide remedies; and to repeal all acts and parts of acts and charters and parts of charters of municipal corporations inconsistent with or contravening the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4474, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 338.
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. 1038 Yeas—34
Ananich Gregory Knollenberg Proos
Bieda Hansen Kowall Robertson
Booher Hertel MacGregor Rocca
Brandenburg Hildenbrand Marleau Schmidt
Casperson Hopgood Meekhof Schuitmaker
Colbeck Horn Nofs Shirkey
Conyers Hune O’Brien Stamas
Emmons Jones Pavlov Zorn
Green Knezek
Nays—4
Hollier Hood Warren Young
Excused—0
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, deployment, employment, and retirement; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5385, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2016 PA 445.
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. 1039 Yeas—32
Ananich Gregory Knollenberg Proos
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hollier Marleau Schuitmaker
Colbeck Horn Meekhof Shirkey
Conyers Hune Nofs Stamas
Emmons Jones O’Brien Young
Green Knezek Pavlov Zorn
Nays—6
Bieda Hood Rocca Warren
Hertel Hopgood
Excused—0
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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
General Orders
Senator Kowall 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 Proos 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 bill:
House Bill No. 5837, entitled
A bill to amend 1976 PA 448, entitled “Michigan energy employment act of 1976,” (MCL 460.801 to 460.848) by adding section 36a.
The bill 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. 5776, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 18101, 18107, 18111, and 18115 (MCL 333.18101, 333.18107, 333.18111, and 333.18115), sections 18101 and 18111 as added by 1988 PA 421, section 18107 as amended by 1989 PA 262, and section 18115 as amended by 2006 PA 429, and by adding sections 18106 and 18116.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall 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 at the head of the Third Reading of Bills calendar:
House Bill No. 5776
House Bill No. 5837
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 5776, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16111, 16343, 18101, 18107, 18111, 18115, 18201, 18211, 18221, 18223, 18233, and 18237 (MCL 333.16111, 333.16343, 333.18101, 333.18107, 333.18111, 333.18115, 333.18201, 333.18211, 333.18221, 333.18223, 333.18233, and 333.18237), section 16111 as amended by 2006 PA 392, section 16343 as added by 1993 PA 79, sections 18101 and 18111 as added by 1988 PA 421, section 18107 as amended by 1989 PA 262, section 18115 as amended by 2006 PA 429, sections 18211 and 18221 as amended by 2006 PA 395, section 18223 as amended by 2018 PA 24, section 18233 as amended by 1994 PA 234, and section 18237 as amended by 1998 PA 496, and by adding sections 18106, 18116, 18225, 18226, and 18236.
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. 1040 Yeas—29
Ananich Hertel Kowall Robertson
Booher Hildenbrand MacGregor Rocca
Brandenburg Hopgood Meekhof Schmidt
Casperson Horn Nofs Schuitmaker
Conyers Hune O’Brien Shirkey
Emmons Jones Pavlov Stamas
Green Knezek Proos Zorn
Hansen
Nays—9
Bieda Hollier Knollenberg Warren
Colbeck Hood Marleau Young
Gregory
Excused—0
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 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.
The following bill was read a third time:
House Bill No. 5837, entitled
A bill to amend 1976 PA 448, entitled “Michigan energy employment act of 1976,” (MCL 460.801 to 460.848) by adding section 36a.
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. 1041 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
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 not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to prescribe the powers and duties of municipalities and governmental units to acquire, finance, maintain, and operate generating, transmission, and distribution facilities of electric power and energy, fuel and energy sources and reserves and all necessary related properties, equipment and facilities; to permit the exercise of those powers in joint venture or joint agency agreements; to provide for the issuance of bonds and notes; to prescribe the powers and duties of the municipal finance commission or its successor agency and of certain other state officers and agencies with respect to municipal electric utility financing; to create certain funds and prescribe their operation; to provide for tax exemptions and other exemptions; and to prescribe penalties and provide remedies,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Messages from the House
House Bill No. 4991, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30 and 508 (MCL 206.30 and 206.508), section 30 as amended by 2018 PA 38 and section 508 as amended by 2011 PA 177.
The House of Representatives has amended the Senate substitute (S-2) as follows:
1. Amend page 22, line 22, after “1963.” by striking out “BEGINNING DECEMBER 1, 2018” and inserting “EXCEPT AS OTHERWISE PROVIDED UNDER THIS SUBSECTION, BEGINNING DECEMBER 1, 2018 AND EACH STATE FISCAL YEAR THEREAFTER”.
2. Amend page 22, line 27, after “1963.” by inserting “HOWEVER, IF, IN ANY 1 OF THE 2018-2019 THROUGH THE 2021-2022 STATE FISCAL YEARS, THE MINIMUM FOUNDATION ALLOWANCE FALLS BELOW THE 2017-2018 MINIMUM FOUNDATION ALLOWANCE ESTABLISHED UNDER SECTION 20 OF THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1620, THEN FOR THAT FISCAL YEAR THAT PERCENTAGE OF THE GROSS COLLECTIONS BEFORE REFUNDS FROM THE TAX LEVIED UNDER THIS SECTION THAT IS EQUAL TO 1.012% DIVIDED BY THE INCOME TAX RATE LEVIED UNDER THIS SECTION SHALL BE DEPOSITED IN THE STATE SCHOOL AID FUND CREATED IN SECTION 11 OF ARTICLE IX OF THE STATE CONSTITUTION OF 1963.”.
3. Amend page 23, line 12, after “51F,” by inserting “AND SUBJECT TO THE LIMITATION UNDER THIS SUBSECTION,”.
4. Amend page 23, line 15, after “SECTION 51G.” by inserting “HOWEVER, IF, IN ANY 1 OF THE 2018‑2019 THROUGH THE 2021-2022 STATE FISCAL YEARS, THE MINIMUM FOUNDATION ALLOWANCE FALLS BELOW THE 2017-2018 MINIMUM FOUNDATION ALLOWANCE AS PROVIDED IN SECTION 51(2) THEN NO MONEY SHALL BE DEPOSITED INTO THE RENEW MICHIGAN FUND PURSUANT TO THIS SUBSECTION FOR THAT FISCAL YEAR.”.
5. Amend page 25, line 21, after “$264,000,000.00” by inserting “UNLESS THE MINIMUM FOUNDATION ALLOWANCE FALLS BELOW THE 2017-2018 MINIMUM FOUNDATION ALLOWANCE AS PROVIDED IN SECTION 51(2) THEN $150,000,000.00”.
6. Amend page 25, line 23, after “$468,000,000.00” by inserting “UNLESS THE MINIMUM FOUNDATION ALLOWANCE FALLS BELOW THE 2017-2018 MINIMUM FOUNDATION ALLOWANCE AS PROVIDED IN SECTION 51(2) THEN $325,000,000.00”.
The House of Representatives has concurred in the Senate substitute (S-2) as amended.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the House amendments made to the Senate substitute,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1042 Yeas—26
Booher Hildenbrand Marleau Robertson
Brandenburg Horn Meekhof Rocca
Casperson Hune Nofs Schmidt
Colbeck Jones O’Brien Schuitmaker
Emmons Knollenberg Pavlov Shirkey
Green Kowall Proos Stamas
Hansen MacGregor
Nays—12
Ananich Gregory Hood Warren
Bieda Hertel Hopgood Young
Conyers Hollier Knezek Zorn
Excused—0
Not Voting—0
In The Chair: President
The House of Representatives has returned, in accordance with the request of the Senate:
House Bill No. 5725, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 21a.
The bill 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 Kowall moved that rule 3.311 be suspended to permit reconsideration of the vote by which the following bill was passed:
House Bill No. 5725, entitled
A bill to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 21a.
The motion prevailed, a majority of the members serving voting therefor.
Senator Kowall moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Casperson offered the following substitute:
Substitute (S-2).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 1043 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 4:34 a.m.
5:51 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 601, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay purposes for the fiscal years ending September 30, 2018 and September 30, 2019; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1044 Yeas—34
Ananich Hansen Kowall Robertson
Bieda Hertel MacGregor Rocca
Booher Hildenbrand Marleau Schmidt
Brandenburg Hollier Meekhof Schuitmaker
Casperson Hopgood Nofs Shirkey
Conyers Horn O’Brien Stamas
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory Knollenberg
Nays—4
Colbeck Hood Hune Warren
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 149, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 11s, 15, 18, 18c, 20, 20d, 20f, 20m, 21, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 31j, 32d, 32p, 32q, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 99t, 102d, 104, 104c, 104d, 107, 147, 147a, 147c, 152a, 152b, and 166b (MCL 388.1603, 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1611s, 388.1615, 388.1618, 388.1618c, 388.1620, 388.1620d, 388.1620f, 388.1620m, 388.1621, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1631j, 388.1632d, 388.1632p, 388.1632q, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1702d, 388.1704, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1752b, and 388.1766b), sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 20d, 20f, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 35, 35a, 39, 39a, 41, 51c, 51d, 53a, 54, 55, 56, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 99s, 102d, 104, 104d, 107, 147, 147a, 147c, 152a, and 166b as amended and sections 11s, 20m, 21, 31b, 31j, 32q, 54b, and 152b as added by 2016 PA 249, section 8b as amended by 2015 PA 85, section 18c as amended by 2012 PA 201, sections 20, 61a, 61c, 98, 99h, 99t, and 104c as amended by 2016 PA 313, and section 51a as amended by 2016 PA 534, and by adding sections 21h, 21j, 22m, 99c, 99k, 99u, and 160; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; 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,” by amending sections 6, 11, 17c, 18, 23a, 24c, 31a, 31j, 32d, 35a, 35b, 39a, 99h, 99u, 101, 265, 297c, 297h, and 297i (MCL 388.1606, 388.1611, 388.1617c, 388.1618, 388.1623a, 388.1624c, 388.1631a, 388.1631j, 388.1632d, 388.1635a, 388.1635b, 388.1639a, 388.1699h, 388.1699u, 388.1701, 388.1865, 388.1897c, 388.1897h, and 388.1897i), section 6 as amended by 2018 PA 266, sections 11, 18, 24c, 31a, 31j, 32d, 35a, 39a, 99h, 99u, and 265 as amended and sections 17c and 35b as added by 2018 PA 265, sections 23a and 101 as amended by 2016 PA 249, and sections 297c, 297h, and 297i as added by 2018 PA 227, and by adding sections 31n, 61f, 61g, 61h, 74a, 99w, 99x, 99y, and 104f.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1045 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Proos as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 6595, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 471, 477, 479, and 482 (MCL 168.471, 168.477, 168.479, and 168.482), section 471 as amended by 1999 PA 219, section 477 as amended by 2012 PA 276, and section 482 as amended by 1998 PA 142, and by adding sections 482a, 482b, 482c, and 482d.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
House Bill No. 6595
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 6595, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 471, 477, 479, 482, and 544d (MCL 168.471, 168.477, 168.479, 168.482, and 168.544d), section 471 as amended by 1999 PA 219, section 477 as amended by 2012 PA 276, section 482 as amended by 1998 PA 142, and section 544d as amended by 1999 PA 218, and by adding sections 482a, 482b, 482c, and 482d.
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. 1046 Yeas—26
Booher Hildenbrand Marleau Robertson
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor
Nays—12
Ananich Gregory Hood Rocca
Bieda Hertel Hopgood Warren
Conyers Hollier Knezek Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.
The Senate agreed to the full title.
Protests
Senators Bieda, Hood and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 6595.
Senators Bieda and Hood moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Bieda’s statement is as follows:
I rise to offer my “no” vote explanation on House Bill No. 6595.
The foundation of democracy rests on the notion that voters have a say in electing lawmakers who represent their interests. But what happens when those lawmakers fail to deliver on the wishes of their constituents while in office? Surely there should be a way for voters to make their voices heard when their own lawmakers refuse to listen and that’s what we saw in the last election cycle. Voters have demanded for years that this body end unfair practice and gerrymandering, legalize the use of recreational marijuana, simplify overly burdensome voting requirements, raise the minimum wage, and provide paid sick leave for working people.
That’s why citizens took it upon themselves to use the only other avenue left to make the change they wished to see, and that was through referendum. A record number of voters told us loud and clear, “if you don’t listen to us, we’ll do the job for you.” Many of them spent their nights and weekends collecting signatures from their friends, family, and neighbors, and, for the first time in the state’s history, an initiative made it to the ballot without spending a single penny because voters were fed up with the current system of taxation without representation. So, to say I’m disappointed in this legislation is an understatement.
The sponsor of this legislation claims ultimately if something is put on the ballot, we can feel more confident that it has buy-in from a greater distribution of voters. Now, I agree, but we want as many people to have a say on these ballot initiatives, but that’s exactly why we put them on the ballot to begin with. More than seven million people get a chance to vote on each proposal on Election Day. I shouldn’t have to remind our elected officials how elections work. You’re trying to pass this bill because you don’t like how Michiganders voted. It’s almost 6 in the morning and we’re dealing with this.
This legislation appears to be nothing more than a power grab, meant to undermine the will of the voters and yet another reason why voters elected the people that they did at this last election to represent them going forward. This is a democracy, not a dictatorship. Taking power from the people is never ok. I urge you to vote “no” on House Bill No. 6595.
Senator Hood’s statement, in which Senator Ananich concurred, is as follows:
I rise to give my “no” vote explanation on this piece of legislation.
Quite simply, taking away a person’s opportunity to express how they feel through a ballot initiative, and this legislation says that once you reach the 15 percent in a congressional district, 15.1 percent doesn’t count. You must move to another congressional district. After you get 15 percent and you go to that next person, their desire to sign a petition and express their constitutional will is for naught. I think that should not be what we’re doing or should do.
Going a little bit simpler, in committee I asked one main question to be answered: How is this going to work? Right now, the ballot initiative petition is set up by county. It is not set up by congressional district. I asked people who testified and even asked the members of the committee to please explain to me how this is going to work. As I stand in front of you a day or so later, I still have not gotten that answer on how this is going to work. Ask yourself that question, if you’re going to do it by congressional district, it does not work like that. You’re putting and potentially going to pass a piece of legislation that just does not work physically. It just doesn’t work. The point in committee would be, Oh, well, we’ll move it along through the committee, and we’ll figure it out a little bit later. Well, here’s later and it still hasn’t been figured out. You’re about to pass a piece of legislation, or try to pass a piece of legislation, that doesn’t work.
So, what the heck are we doing? It’s just common sense, but I guess common sense is not just that common. It’s simple. Someone please explain to me how this is going to work. For those of you who support it, for those of you who want to pass it, please someone stand up and tell me how it’s going to work in its current form. It doesn’t work.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 721, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 35317 (MCL 324.35317), as amended by 2012 PA 297.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1047 Yeas—26
Booher Hildenbrand Marleau Robertson
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen MacGregor
Nays—12
Ananich Gregory Hood Rocca
Bieda Hertel Hopgood Warren
Conyers Hollier Knezek Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 932, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74101 (MCL 324.74101), as amended by 2010 PA 33.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3) and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1048 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 985, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 130.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 763, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1901, 1902, and 1903 (MCL 324.1901, 324.1902, and 324.1903), section 1901 as added by 1995 PA 60, section 1902 as amended by 2012 PA 619, and section 1903 as amended by 2011 PA 117, and by adding section 74119a; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3) and amended the title to read as follows:
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1901, 1902, 1903, 1904, 1907, 1907a, and 1911 (MCL 324.1901, 324.1902, 324.1903, 324.1904, 324.1907, 324.1907a, and 324.1911), sections 1901 and 1903 as amended by 2018 PA 238, sections 1902 and 1907 as amended by 2018 PA 166, section 1904 as amended by 2002 PA 52, section 1907a as amended by 2012 PA 619, and section 1911 as added by 2010 PA 32; and to repeal acts and parts of acts.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1049 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 931, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74119 (MCL 324.74119), as amended by 2002 PA 54.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3) and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1050 Yeas—38
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Hopgood Nofs Stamas
Conyers Horn O’Brien Warren
Emmons Hune Pavlov Young
Green Jones Proos Zorn
Gregory Knezek
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Assistant President pro tempore, Senator O’Brien, resumed the Chair.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1262, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending sections 102, 207, 301, 305, 401, 402, 406, 407, 409, and 702 (MCL 333.27102, 333.27207, 333.27301, 333.27305, 333.27401, 333.27402, 333.27406, 333.27407, 333.27409, and 333.27702), section 102 as amended by 2018 PA 10 and section 402 as amended by 2017 PA 105, and by adding section 407a; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1051 Yeas—34
Ananich Hansen Knezek Pavlov
Bieda Hertel Knollenberg Proos
Booher Hildenbrand Kowall Robertson
Brandenburg Hollier MacGregor Rocca
Casperson Hood Marleau Schmidt
Conyers Hopgood Meekhof Shirkey
Emmons Horn Nofs Stamas
Green Hune O’Brien Warren
Gregory Jones
Nays—4
Colbeck Schuitmaker Young Zorn
Excused—0
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1263, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2016 PA 547.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1264, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2018 PA 176.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1097, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 607 (MCL 206.607), as amended by 2018 PA 38.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 752, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57, 57a, and 57b (MCL 400.57, 400.57a, and 400.57b), section 57 as amended by 2014 PA 375, section 57a as amended by 2012 PA 607, and section 57b as amended by 2015 PA 56.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1052 Yeas—34
Ananich Hansen Knollenberg Proos
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Shirkey
Casperson Hood Meekhof Stamas
Conyers Hopgood Nofs Warren
Emmons Horn O’Brien Young
Green Jones Pavlov Zorn
Gregory Knezek
Nays—4
Colbeck Hune Robertson Schuitmaker
Excused—0
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 964, entitled
A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 3, 4, 6, 7, 7a, 9, 17, 17a, 19, and 23 (MCL 252.302, 252.303, 252.304, 252.306, 252.307, 252.307a, 252.309, 252.317, 252.317a, 252.319, and 252.323), sections 2, 4, 6, 7, 7a, and 17 as amended and section 17a as added by 2014 PA 2 and sections 3, 9, and 19 as amended by 2006 PA 448, and by adding section 8; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1053 Yeas—27
Booher Hildenbrand Marleau Schmidt
Brandenburg Horn Meekhof Schuitmaker
Casperson Hune Nofs Shirkey
Conyers Jones O’Brien Stamas
Emmons Knollenberg Pavlov Young
Green Kowall Proos Zorn
Hansen MacGregor Robertson
Nays—10
Ananich Gregory Hood Rocca
Bieda Hertel Knezek Warren
Colbeck Hollier
Excused—0
Not Voting—1
Hopgood
In The Chair: O’Brien
Senator Hood moved that Senator Hopgood be excused from the balance of today’s session.
The motion prevailed.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 404, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2017 PA 31.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2018 PA 176.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1054 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1211, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1511, 30101, 30112, 30301, 30304, 30305, 30306, 30307, 30311, 30314, 30316, 30319, 30321, and 32301 (MCL 324.1511, 324.30101, 324.30112, 324.30301, 324.30304, 324.30305, 324.30306, 324.30307, 324.30311, 324.30314, 324.30316, 324.30319, 324.30321, and 324.32301), section 1511 as added by 2011 PA 237, section 30101 as amended by 2014 PA 351, sections 30112, 30314, 30316, 30319, and 32301 as added by 1995 PA 59, section 30301 as amended by 2012 PA 247, section 30304 as amended by 2004 PA 325, sections 30305, 30306, 30311, and 30321 as amended by 2013 PA 98, and section 30307 as amended by 2006 PA 430.
The House of Representatives has substituted (H-5) the bill.
The House of Representatives has passed the bill as substituted (H-5), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1307, 1511, 30101, 30112, 30301, 30304, 30305, 30306, 30307, 30314, 30316, 30319, 30321, and 32301 (MCL 324.1307, 324.1511, 324.30101, 324.30112, 324.30301, 324.30304, 324.30305, 324.30306, 324.30307, 324.30314, 324.30316, 324.30319, 324.30321, and 324.32301), section 1307 as amended by 2018 PA 268, section 1511 as added by 2011 PA 237, section 30101 as amended by 2014 PA 351, sections 30112, 30314, 30316, 30319, and 32301 as added by 1995 PA 59, section 30301 as amended by 2012 PA 247, section 30304 as amended by 2004 PA 325, sections 30305, 30306, and 30321 as amended by 2013 PA 98, and section 30307 as amended by 2006 PA 430.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1055 Yeas—25
Booher Hildenbrand MacGregor Proos
Brandenburg Horn Marleau Robertson
Casperson Hune Meekhof Schmidt
Colbeck Jones Nofs Schuitmaker
Emmons Knollenberg O’Brien Shirkey
Green Kowall Pavlov Stamas
Hansen
Nays—12
Ananich Gregory Hood Warren
Bieda Hertel Knezek Young
Conyers Hollier Rocca Zorn
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 844, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 33a of chapter IX (MCL 769.33a), as added by 2014 PA 465.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1056 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Joint Resolution O, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 35 and 35a of article IX, to provide for the use of certain revenues generated from leases for the extraction of nonrenewable resources from state owned lands and to modify the allowable expenditures from the Michigan natural resources trust fund and the Michigan state parks endowment fund.
The House of Representatives has substituted (H-3) the joint resolution.
The House of Representatives has adopted the joint resolution as substituted (H-3) by a 2/3 vote.
Pending the order that, under rule 3.202, the joint resolution be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the joint resolution by the House,
The substitute was concurred in, 2/3 of the members serving voting therefor, as follows:
Roll Call No. 1057 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The joint resolution was referred to the Secretary for enrollment printing, certification and filing with the Secretary of State.
Senate Bill No. 1136, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of part 414 and by adding sections 41401, 41402, and 41403.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1058 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hollier Marleau Schuitmaker
Colbeck Hood Meekhof Shirkey
Conyers Horn Nofs Warren
Emmons Hune O’Brien Young
Green Jones Pavlov Zorn
Nays—1
Stamas
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Proos as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 6007, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 12 (MCL 205.432), as amended by 2016 PA 309.
The bill 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. 6006, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by amending the title, as amended by 1988 PA 100; 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 a substitute therefor, the following bill:
House Bill No. 5907, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1471 and 1472 (MCL 380.1471 and 380.1472), as added by 1996 PA 159.
Substitute (S-5).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 5, line 20, after “PUPIL.” by striking out the balance of the subdivision.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Kowall 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 at the head of the Third Reading of Bills calendar:
House Bill No. 6006
House Bill No. 6007
House Bill No. 5907
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 6006, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by amending the title, as amended by 1988 PA 100; and to repeal acts and parts of acts.
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. 1059 Yeas—28
Ananich Hansen MacGregor Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Horn Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Nays—8
Conyers Hertel Hood Warren
Gregory Hollier Knezek Young
Excused—1
Hopgood
Not Voting—1
Bieda
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
Pursuant to rule 1.306, Senator Bieda made the following statement.
Senator Bieda’s statement is as follows:
I rise to speak on this proposed elimination of the Capitol Committee in House Bill No. 6006.
As many of you know, I’ve been fortunate enough to serve on the Capitol Committee for the last 14 years and it’s been the honor of a lifetime to act as a guardian for this beautiful building for the lawmakers who use it every day to keep our state operating at its highest level. I look at it this way. We are just temporary tenants of this building and it is our job to relay any concerns to our landlords through the Capitol Committee.
However, while I strongly believe in the mission of the Capitol Committee, I’m also a firm believer in government transparency and ethics. I’ve introduced countless bills to shed light on our government while holding lawmakers accountable for potential conflicts of interest, campaign finance, and votes. In fact, Senate Rule 1.306 entitled “Disclosure and Disqualifications” clearly states, “A Senator having a personal, private, or professional interest in a bill or alternative measure, of which he or she has knowledge, shall not vote on the bill or alternative measure and shall disclose in writing his or her interest in the bill or alternative measure.”
While I may have been reading this a little broadly, it is fundamentally important that we follow the rules regarding conflicts of interest because our constituents should feel assured that we are voting with their best interests at heart. Many of my colleagues do, and I’d like to commend my colleague on the other side of the aisle from the 19th District for his commitment to these values. He served as a State Trooper for many years and he has always recused himself whenever a bill comes up that would affect their retirement plans. As legislators, we must set an example for future legislators to follow in our footsteps when it comes to upholding the integrity of this institution just like I did during my time on the Capitol Committee.
For that reason, I’m recusing myself from this vote because I currently serve as a member of the committee under consideration.
The following bill was read a third time:
House Bill No. 6007, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 12 (MCL 205.432), as amended by 2016 PA 309.
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. 1060 Yeas—31
Ananich Green Kowall Robertson
Bieda Hansen MacGregor Rocca
Booher Hildenbrand Marleau Schmidt
Brandenburg Horn Meekhof Schuitmaker
Casperson Hune Nofs Shirkey
Colbeck Jones O’Brien Stamas
Conyers Knezek Pavlov Zorn
Emmons Knollenberg Proos
Nays—6
Gregory Hollier Warren Young
Hertel Hood
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5907, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 524, 553a, 1135, 1471, and 1472 (MCL 380.524, 380.553a, 380.1135, 380.1471, and 380.1472), section 524 as amended by 2011 PA 277, section 553a as amended by 2018 PA 235, section 1135 as added by 1987 PA 84, and sections 1471 and 1472 as added by 1996 PA 159.
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. 1061 Yeas—26
Booher Hildenbrand Marleau Robertson
Brandenburg Horn Meekhof Rocca
Casperson Hune Nofs Schmidt
Colbeck Jones O’Brien Schuitmaker
Emmons Knollenberg Pavlov Shirkey
Green Kowall Proos Stamas
Hansen MacGregor
Nays—11
Ananich Gregory Hood Young
Bieda Hertel Knezek Zorn
Conyers Hollier Warren
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
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 provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 1234, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20925.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1062 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 671, entitled
A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending sections 1, 2, 3, and 5 (MCL 565.101, 565.102, 565.103, and 565.105), sections 1, 2, and 3 as amended by 1997 PA 154; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending sections 1, 2, 3, 4, and 5 (MCL 565.101, 565.102, 565.103, 565.104, and 565.105), sections 1, 2, and 3 as amended by 1997 PA 154; and to repeal acts and parts of acts.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1063 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hollier Marleau Schuitmaker
Casperson Hood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1205, entitled
A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending sections 3 and 15 (MCL 124.73 and 124.85), section 15 as amended by 2011 PA 93.
The House of Representatives has amended the bill as follows:
1. Amend page 10, line 11, by striking out all of enacting section 1.
The House of Representatives has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1064 Yeas—24
Booher Hildenbrand MacGregor Robertson
Brandenburg Horn Marleau Schmidt
Casperson Hune Meekhof Schuitmaker
Emmons Jones Nofs Shirkey
Green Knollenberg Pavlov Stamas
Hansen Kowall Proos Zorn
Nays—13
Ananich Gregory Hood Rocca
Bieda Hertel Knezek Warren
Colbeck Hollier O’Brien Young
Conyers
Excused—1
Hopgood
Not Voting—0
In The Chair: O’Brien
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 7:10 a.m.
7:33 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
Senate Concurrent Resolution No. 10
Senate Resolution No. 105
Senate Concurrent Resolution No. 20
Senate Concurrent Resolution No. 21
Senate Resolution No. 153
Senate Resolution No. 149
The motion prevailed.
House Concurrent Resolution No. 29.
A concurrent resolution providing for the final adjournment of the Legislature.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Friday, December 21, 2018, it stands adjourned until Friday, December 28, 2018, at 11:30 a.m.; and be it further
Resolved, That when the Senate adjourns on Friday, December 21, 2018, it stands adjourned until Friday, December 28, 2018, at 11:30 a.m.; and be it further
Resolved, That when the Legislature adjourns on Friday, December 28, 2018, it stands adjourned without day.
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 Kowall moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was adopted.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Representatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor.
The motion prevailed.
Announcements of Printing and Enrollment
The Secretary announced the enrollment printing and presentation to the Governor on Thursday, December 20, for his approval the following bills:
Enrolled Senate Bill No. 882 at 3:20 p.m.
Enrolled Senate Bill No. 982 at 3:22 p.m.
Enrolled Senate Bill No. 983 at 3:24 p.m.
Enrolled Senate Bill No. 990 at 3:26 p.m.
Enrolled Senate Bill No. 1050 at 3:28 p.m.
Enrolled Senate Bill No. 1072 at 3:30 p.m.
Enrolled Senate Bill No. 1187 at 3:32 p.m.
Enrolled Senate Bill No. 1253 at 3:34 p.m.
Enrolled Senate Bill No. 1185 at 3:36 p.m.
Scheduled Meetings
State Drug Treatment Court Advisory Committee - Tuesday, January 8, 2019, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 7:35 a.m.
Pursuant to House Concurrent Resolution No. 29, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Friday, December 28, 2018, at 11:30 a.m.
JEFFREY F. COBB
Secretary of the Senate
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