No. 44
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Thursday, May 3, 2018.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—present Hune—present Robertson—present
Casperson—present Jones—present Rocca—present
Colbeck—present Knezek—present Schmidt—present
Conyers—present Knollenberg—present Schuitmaker—present
Emmons—present Kowall—present Shirkey—present
Green—present MacGregor—present Stamas—present
Gregory—present Marleau—present Warren—present
Hansen—present Meekhof—present Young—excused
Hertel—present Nofs—present Zorn—present
Hildenbrand—present
Pastor Erik Schmidt of Community Lutheran Church of Flat Rock offered the following invocation:
In the name of the Father and of the Son and of the Holy Spirit. Amen.
Lord God, Heavenly Father, we thank You for all that You do for us—for giving us life and breath. We thank You for this beautiful state that we live in. Lord, I thank You for all of these men and women who are elected to come and legislate and govern as best they can for their constituents. Lord, I ask that You would give them wisdom to govern and legislate with justice and mercy for the good of the state, and to put aside disagreements to be able to reach consensus for the good of the state.
Lord, I ask for Your blessing in their personal lives too, as well as their vocation here, their vocations at home, and their places of worship. I ask for Your blessings on their family and friends. Give them health and safety, and I thank You, Lord.
Lord, I’m also reminded that we are to remember our enemies and even those who we perceive as our enemies, so I ask for Your blessing on those who have to find and make their dwelling in Ohio. I thank You that You’re a God of a sense of humor, Lord. Thank You and bless this day and bless all those in it.
In Jesus’ name. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Ananich and Gregory entered the Senate Chamber.
Senator Kowall moved that Senators Emmons, Green, Hildenbrand, Nofs, Schmidt and Shirkey be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Bieda be temporarily excused from today’s session.
The motion prevailed.
Senator Hood moved that Senator Young be excused from today’s session.
The motion prevailed.
The following communication was received and read:
Office of the Auditor General
April 25, 2018
Enclosed is a copy of the following report:
• Performance audit on the Venture Michigan Fund, State of Michigan (000-0435-16).
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Government Operations.
The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from January 1, 2018 through March 31, 2018, and are available in the Senate Business Office during business hours for public inspection:
Committee Chairperson
Agriculture Senator Joe Hune
Appropriations Senator Dave Hildenbrand
Banking and Financial Institutions Senator Darwin Booher
Commerce Senator Wayne Schmidt
Economic Development and International Investment Senator Ken Horn
Education Senator Phil Pavlov
Elections and Government Reform Senator David Robertson
Energy and Technology Senator Mike Nofs
Families, Seniors and Human Services Senator Judy Emmons
Finance Senator Jack Brandenburg
Government Operations Senator Arlan Meekhof
Health Policy Senator Mike Shirkey
Insurance Senator Joe Hune
Judiciary Senator Rick Jones
Local Government Senator Dale Zorn
Michigan Competitiveness Senator Mike Shirkey
Natural Resources Senator Tom Casperson
Outdoor Recreation and Tourism Senator Goeff Hansen
Oversight Senator Peter MacGregor
Regulatory Reform Senator Tory Rocca
Transportation Senator Tom Casperson
Veterans, Military Affairs and Homeland Security Senator Margaret O’Brien
Senators Schmidt, Green, Hildenbrand, Shirkey and Emmons entered the Senate Chamber.
Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bill:
Senate Bill No. 883, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2018; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
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:
Senate Bill No. 883
The motion prevailed, a majority of the members serving voting therefor.
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. 30
Senate Resolution No. 105
Senate Concurrent Resolution No. 20
Senate Concurrent Resolution No. 21
Senate Resolution No. 153
The motion prevailed.
Senators Bieda and Nofs entered the Senate Chamber.
Senator Zorn offered the following resolution:
Senate Resolution No. 163.
A resolution to commemorate May 2018 as Community Action Agency Month.
Whereas, Citizens with limited income continue to need opportunities to improve their lives and their living conditions, thus ensuring that all are able to live in dignity; and
Whereas, Community Action Agencies were established into law in 1964 under President Lyndon B. Johnson in effort to aid in the War on Poverty, making 2018 the 54th year of Community Action in the United States; and
Whereas, Approximately 1,000 Community Action Agencies across the country observe May as National Community Action Month; and
Whereas, Michigan’s 29 Community Action Agencies are the only community-based organizations providing full wraparound and locally-directed services in all 83 counties in the state; and
Whereas, According to the National Association of State Community Service Programs’ (NASCSP) annual report, in FY 2016-17, Michigan’s 29 Community Action Agencies and its partners at the Bureau of Community Action and Economic Opportunity, expended $22,914,101 of federal Community Services Block Grant funds in support of core activities of Michigan’s Community Action network, leveraging an additional $327,935,413 in non-CSBG funds from other federal, state, local, and private sources, resulting in a $14.25 return on $1 of CSBG; and
Whereas, In FY 2016-17, according to the same report, Michigan’s Community Action Agencies provided services to 181,435 Michigan residents, including 89,942 families, in early childhood education programs such as Head Start and Early Head Start; senior services such as Meals on Wheels and home repair; and a diverse range of programs in emergency services, affordable housing, energy assistance, food assistance, financial literacy, youth programs, job training, and tax preparation assistance, and others; and
Whereas, The provision of such programs and services have led to 729,658 indicators of movement toward self-sufficiency and community revitalization, as measured and recorded in the NASCSP annual report; and
Whereas, Community Action Agencies, in cooperation with the Michigan Department of Health and Human Services, have successfully administered weatherization assistance program funds which have supported energy efficiency improvements in low-income housing; now, therefore, be it
Resolved by the Senate, That the members of this legislative body commemorate May 2018 as Community Action Month; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Community Action Agency.
Pending the order that, under rule 3.204, the 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 resolution was adopted.
Senators Bieda, Booher, Brandenburg, Green, Hansen, Hopgood, Knollenberg, Nofs, Proos, Schmidt and Warren were named co‑sponsors of the resolution.
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 Warren 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:
Senate Bill No. 728, entitled
A bill to amend 1984 PA 379, entitled “An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties,” by amending the title and section 1 (MCL 493.101).
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 10, after “(d)” by striking out ““Credit” and inserting “BEGINNING DECEMBER 28, 1984, “CREDIT”.
2. Amend page 3, following line 3, by inserting:
“Enacting section 2. Section 1(d), as amended by this amendatory act, applies retroactively.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 729, entitled
A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending sections 2, 3, and 4 (MCL 487.1002, 487.1003, and 487.1004).
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.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:16 a.m.
10:52 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
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 Warren 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:
Senate Bill No. 850, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 851, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2017 PA 108.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 854, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 857, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), sections 236 and 236a as amended by 2017 PA 108.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 37, line 22, by striking out section 274F, and inserting:
“SEC. 274F. EACH PUBLIC UNIVERSITY RECEIVING FUNDS UNDER SECTION 236 SHALL REQUIRE THAT THE GOVERNING BOARD AND THE PRESIDENT OF THE UNIVERSITY RECEIVE NOT LESS THAN QUARTERLY REPORTS FROM THEIR TITLE IX COORDINATOR OR TITLE IX OFFICE. THE REPORT SHALL CONTAIN AGGREGATED DATA OF THE NUMBER OF SEXUAL MISCONDUCT REPORTS THAT THE OFFICE RECEIVED FOR THE ACADEMIC YEAR, THE TYPES OF REPORTS RECEIVED, AND A SUMMARY OF THE GENERAL OUTCOMES OF THE REPORTS AND INVESTIGATIONS. THE REPORT SHALL NOT CONTAIN SPECIFIC IDENTIFYING INFORMATION.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 858, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 860, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 862, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
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.
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 Warren as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 853, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 5, line 10, by striking out “5,569,800” and inserting “5,569,700”.
2. Amend page 5, line 18, by striking out “226,900” and inserting “226,800” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 5, line 22, by striking out “28,246,200” and inserting “11,746,200”.
4. Amend page 5, following line 22, by inserting:
“TEACH scholarship program................................................................................................. 5,000,000”.
5. Amend page 5, following line 23, by inserting:
“Early childhood investment corporation................................................................................ 11,500,000”.
6. Amend page 5, line 25, by striking out “173,046,100” and inserting “235,346,100”.
7. Amend page 6, line 2, by striking out “188,708,400” and inserting “251,008,400” and adjusting the subtotals, totals, and section 201 accordingly.
8. Amend page 18, following line 27, by inserting:
“Sec. 231. (1) From the funds appropriated in part 1, the department shall submit to intermediate school districts, school districts, and public school academies information from the final report containing task force recommendations for reducing child sexual abuse in this state as required by 2012 PA 593, MCL 722.632b. The information provided shall include the policy recommendations and guidelines for schools and other youth-serving organizations.
(2) The department shall collect information from all school districts, intermediate school districts, and public school academies that have adopted policies that were specified by 2012 PA 593, MCL 722.632b. The information collected shall be reported to the house and senate appropriations committee, house and senate fiscal agency, and state budget office. The report shall include a list of each school district, intermediate school district, and public school academy that has adopted each policy specified by 2012 PA 593, MCL 722.632b.”.
9. Amend page 18, following line 27, by inserting:
“Sec. 232. From the funds appropriated in part 1, the department shall ensure that the most recently issued report of regional in-demand occupations issued by the department of technology, management, and budget is distributed in electronic or paper form to all high school students in each school district, intermediate school district, or public school academy.”.
10. Amend page 18, following line 27, by inserting:
“Sec. 233. (1) From the funds appropriated in part 1, the department shall develop and implement a training program to provide resources and programming to pupils in grades 9 to 12 who are interested in a career in teaching and who are members of groups that are underrepresented in the teaching profession in this state.
(2) The department shall do all of the following with respect to the training program developed and implemented under (1):
(a) Create a process for nomination and admission of pupils to the program.
(b) Advertise the program.
(c) Invite postsecondary institutions in this state that operate a teacher preparation program to participate in the training program.
(d) Connect pupils participating in the program to representatives of teacher preparation programs at postsecondary institutions in this state.
(e) At least once, conduct conferences for pupils participating in the program in locations that are geographically convenient for the majority of pupils attending each conference.
(f) Provide all available research and resources to pupils and postsecondary institutions participating in the training program on at least all of the following:
(i) Successful activities and programs for recruiting and retaining pupils who are members of groups that are underrepresented in the teaching profession for participation in postsecondary teacher preparation programs.
(ii) Teacher certification.
(iii) Employment as a teacher.”.
11. Amend page 23, line 20, by striking out section 508.
12. Amend page 30, line 6, after “part 1,” by striking out “the office of great start operations” and inserting “TEACH scholarship program”.
13. Amend page 31, line 26, by striking out all of section 1009 and inserting:
“Sec. 1009. (1) Subject to subsection (2), from the funds appropriated in part 1 for child development and care public assistance, there is allocated $62,300,000.00 for the following purposes:
(a) $36,500,000.00 is allocated to implement a biweekly reimbursement system for the child development and care program.
(b) $25,800,000.00 is allocated to raise the income entrance threshold from 130% of the federal poverty guidelines to 150% of the federal poverty guidelines.
(2) Before implementing the program changes in subsection (1), the department must receive additional federal child care and development block grant funds from the federal office of child care.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 859, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 861, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 4, line 14, by striking out “8,989,700” and inserting “8,989,800”.
2. Amend page 4, line 24, by striking out “22,762,300” and inserting “22,762,400”.
3. Amend page 24, following line 18, by inserting:
“(20) From the funds appropriated in part 1 for veterans home operations, $100.00 shall be expended for a member in-room safety monitoring pilot program at the Grand Rapids home for veterans. The purpose of the pilot program is to determine if a specific, existing video monitoring system can improve member safety and reduce fall rates at the Grand Rapids home for veterans. In order to achieve this goal, the department shall contract with a third party that has developed a best-in-class, continuous virtual patient engagement platform that enables both visual and audio monitoring of members.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 864, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 6, line 8, by striking out “201.0” and inserting “202.0”.
2. Amend page 6, line 8, by striking out “27,771,600” and inserting “27,921,600”.
3. Amend page 6, following line 8, by inserting:
“OK2SAY software upgrade.................................................................................................... 100”.
4. Amend page 6, line 26, by striking out “43,022,500” and inserting “43,172,500” and adjusting the subtotals, totals, and section 201 accordingly.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 865, entitled
A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 25, line 26, after “representatives” by inserting “and only when the aircraft is already scheduled by state agencies on related official state business”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 852, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 4, line 2, by striking out “16,325,500” and inserting “18,825,500”.
2. Amend page 5, line 13, by striking out “5,342,100” and inserting “2,842,100”.
3. Amend page 29, line 22, by striking out “$47.50” and inserting “$55.00”.
4. Amend page 29, line 22, by striking out “$48.50” and inserting “$56.00”.
5. Amend page 44, line 8, after “Sec. 604.” by inserting “(1)”.
6. Amend page 44, following line 11, by inserting:
“(2) Of the funds appropriated in part 1 for criminal justice reinvestment, at least $600,000.00 shall be allocated to an organization that has received the United States Department of Labor Training to Work 2 grant to provide county jail inmates with programming and services to prepare them to get and keep jobs. Examples of eligible programs and services are, but are not limited to: adult education, tutoring, manufacturing skills training, participation in a simulated work environment, mentoring, cognitive therapy groups, life skills classes, substance abuse recovery groups, fatherhood programs, classes in understanding the legal system, family literacy, health and wellness, finance management, employer presentations, and classes on job retention. Programming and support services should begin before release and continue after release from the county jail. To be eligible for funding, an organization must show at least 2 years’ worth of data that demonstrate program success.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 855, entitled
A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain other state purposes for the fiscal year ending September 30, 2019; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 3, line 18, by striking out “91,155,200” and inserting “90,685,200”.
2. Amend page 3, following line 23, by inserting:
“OK2SAY................................................................................................................................ 970,000”.
3. Amend page 6, line 10, by striking out “38,529,200” and inserting “39,029,200”.
4. Amend page 28, line 18, by striking out “62,751,000” and inserting “62,251,000”.
5. Amend page 28, line 23, by striking out “107,580,000” and inserting “107,080,000” and adjusting the subtotals, totals, and section 201 accordingly.
6. Amend page 37, line 13, by striking out “7,356,600” and inserting “7,356,700”.
7. Amend page 37, line 18, by striking out “10,856,600” and inserting “10,856,700” and adjusting the subtotals, totals, and section 201 accordingly.
8. Amend page 58, following line 19, by inserting:
“Sec. 316a. The Department of Attorney General shall develop the address confidentiality program within the department and allow an individual to participate if he or she is a victim of domestic violence, stalking, human trafficking, or sexual assault, or at risk of physical harm if his or her address is disclosed.”.
9. Amend page 79, following line 4, by inserting:
“Sec. 718. From the funds appropriated in part 1 to the department of state, branch operations, the department shall maintain a full service secretary of state branch office in Buena Vista Township.”.
10. Amend page 80, following line 13, by inserting:
“Sec. 723. (1) Not later than June 1, 2019, the Department of State shall provide the following information regarding plug-in electric vehicles:
(a) The number of original and total registrations in this state.
(b) A breakdown of those registrations by classification of fully electric or hybrid electric.
(c) The zip code within which those vehicles are registered.
(2) The department shall update this information on a semi-annual basis, due June 1 and December 1. The information shall be made available to the Michigan Agency for Energy and the Michigan Department of Transportation to assist with study and location recommendation for DC fast charging siting based on predictions of future electric vehicle usage, traffic patterns, electric vehicle concentrations, and existing or planned charging infrastructure deployment. The information shall also be made available to public and private shareholders as deemed appropriate by the department.
(3) Data shared cannot be sold and can be used solely for the purposes of vehicle market research as provided in this section. No additional information about the aforementioned vehicle owners may be shared under this section.”.
11. Amend page 179, following line 12, by inserting:
“(25) From the funds appropriated in part 1 for Michigan enhancement grants, $100.00 shall be awarded to a county planning commission located in a county with a population between 350,000 and 600,000 according to the most recent federal decennial census for facility improvements and equine development on a facility that is more than 75 acres and will create a minimum of 75 new full-time employees.”.
12. Amend page 179, following line 12, by inserting:
“(26) From the funds appropriated in part 1 for Michigan enhancement grants, $100.00 shall be awarded to a nonprofit organization located in a city with a population over 600,000 according to the most recent federal decennial census that oversees a national heritage area that encompasses over 10,000 square miles in the State for program expansion.”.
13. Amend page 179, following line 12, by inserting:
“(27) From the funds in part 1 for Michigan enhancement grants, $100.00 shall be awarded to a field house in a county with a population over 1,300,000 and a city with a population between 10,700 and 10,800 according to the most recent federal decennial census.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 856, entitled
A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 43, following line 13, by inserting:
“Sec. 256. The department shall, in consultation with the Michigan department of education, the Michigan domestic and sexual violence prevention and treatment board, and the Michigan coalition to end domestic and sexual violence, re-draft the curriculum for the “Growing Up & Staying Healthy” and “Healthy & Responsible Relationships” modules to include age-appropriate information about the importance of consent, setting and respecting personal boundaries, and the prevention of child sexual abuse as outlined in MCL 380.1505 and consistent with the recommendations and guidelines set by the task force on the prevention of sexual abuse of children created under section 12b of the child protection law, 1975 PA 238, MCL 722.632b, and the prevention of sexual assault and dating violence.”.
2. Amend page 65, following line 11, by inserting:
“Sec. 460. By October 1 of the current fiscal year, the department shall submit to the Michigan department of education the final report containing task force recommendations for reducing child sexual abuse in this state as required by 2012 PA 593, MCL 722.632b.”.
3. Amend page 147, following line 11, by inserting:
“Sec. 1235. From the funds appropriated in part 1 for essential local public health services, $100.00 shall be allocated to local health departments as defined in section 1105 of the public health code, MCL 333.1105, and having those powers and duties as described in part 24 of the public health code, MCL 333.2401 to 333.2498, to evaluate and inspect food service kitchens of prisons operated by the Michigan department of corrections. If the site where a prison food service kitchen is in operation does not have an existing local health department with the capabilities to evaluate and inspect the prison food service kitchen, these funds shall be available to a neighboring local health department in order to evaluate and inspect the prison food service kitchen.”.
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 proceeded to the order of
Introduction and Referral of Bills
Senator Jones introduced
Senate Bill No. 973, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 478a (MCL 750.478a), as added by 1998 PA 360.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Jones introduced
Senate Bill No. 974, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Colbeck introduced
Senate Bill No. 975, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2612, 20101, 20115, 20145, 20155, 20161, 20164, 20165, 20166, 21551, 21562, and 21563 (MCL 333.2612, 333.20101, 333.20115, 333.20145, 333.20155, 333.20161, 333.20164, 333.20165, 333.20166, 333.21551, 333.21562, and 333.21563), section 2612 as added by 1990 PA 138, sections 20101 and 20166 as amended by 1988 PA 332, section 20115 as amended by 2012 PA 499, section 20145 as amended by 2015 PA 104, section 20155 as amended by 2015 PA 155, section 20161 as amended by 2016 PA 189, section 20164 as amended by 1990 PA 179, section 20165 as amended by 2008 PA 39, section 21551 as amended by 1990 PA 331, and sections 21562 and 21563 as added by 1990 PA 252; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senator Gregory introduced
Senate Bill No. 976, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding section 4v.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Bieda introduced
Senate Bill No. 977, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 491, 497, and 497a (MCL 168.491, 168.497, and 168.497a), sections 491 and 497 as amended by 1989 PA 142 and section 497a as amended by 1986 PA 220, and by adding section 499e.
The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform.
Senator Knezek introduced
Senate Bill No. 978, entitled
A bill to authorize the formation of homicide review teams with certain powers and duties; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Knezek introduced
Senate Bill No. 979, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 2016 PA 504.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Hune introduced
Senate Bill No. 980, entitled
A bill to amend 1996 PA 160, entitled “Postsecondary enrollment options act,” by amending section 3 (MCL 388.513), as amended by 2018 PA 11.
The bill was read a first and second time by title and referred to the Committee on Education.
Senator Hune introduced
Senate Bill No. 981, entitled
A bill to amend 1966 PA 225, entitled “Carnival-amusement safety act of 1966,” by amending section 9 (MCL 408.659).
The bill was read a first and second time by title and referred to the Committee on Agriculture.
Senator Nofs introduced
Senate Bill No. 982, entitled
A bill to create the office of school safety and prescribe its powers and duties; and to provide for the powers and duties of certain state entities.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Knollenberg introduced
Senate Bill No. 983, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1308a.
The bill was read a first and second time by title and referred to the Committee on Education.
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 passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 5711, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43517 (MCL 324.43517), as added by 2011 PA 109.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
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 Warren 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 with a substitute therefor, the following bill:
Senate Bill No. 863, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 11, 11a, 11j, 11k, 11m, 11s, 18, 19, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 32d, 32p, 32q, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64b, 65, 67, 74, 81, 94, 94a, 95b, 98, 99h, 99r, 99s, 99t, 99u, 102d, 104, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 152b, 163, 166b, and 169a (MCL 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622n, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1632d, 388.1632p, 388.1632q, 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, 388.1695b, 388.1698, 388.1699h, 388.1699r, 388.1699s, 388.1699t, 388.1699u, 388.1702d, 388.1704, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1763, 388.1766b, and 388.1769a), sections 6, 11a, 11j, 11k, 11m, 11s, 18, 20, 20d, 20f, 22a, 22b, 22d, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31d, 31f, 32p, 32q, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99s, 104, 147, 147b, 147c, 152a, and 152b as amended and sections 21h, 22m, 22n, and 147e as added by 2017 PA 108, sections 11, 31a, 31j, 32d, 35a, 61c, 95b, 99h, 99r, 99t, 102d, 104c, 107, 147a, and 166b as amended and section 99u as added by 2017 PA 143, section 19 as amended by 2016 PA 533, section 163 as amended by 2015 PA 85, and section 169a as amended by 1997 PA 93, and by adding sections 22p, 54c, 54d, 95c, and 99v; 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:
Senate Bill No. 883, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2018; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
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.
Recess
Senator Kowall moved that the Senate recess until 12:30 p.m.
The motion prevailed, the time being 11:46 a.m.
The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 12:31 p.m.
1:24 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
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:
Senate Bill No. 850
Senate Bill No. 851
Senate Bill No. 853
Senate Bill No. 857
Senate Bill No. 858
Senate Bill No. 859
Senate Bill No. 861
Senate Bill No. 862
Senate Bill No. 864
Senate Bill No. 854
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. 5259
Senate Bill No. 850
Senate Bill No. 851
Senate Bill No. 853
Senate Bill No. 857
Senate Bill No. 858
Senate Bill No. 859
Senate Bill No. 861
Senate Bill No. 862
Senate Bill No. 864
Senate Bill No. 854
The motion prevailed.
The following bill was read a third time:
House Bill No. 5259, entitled
A bill to amend 2016 PA 345, entitled “Limousine, taxicab, and transportation network company act,” by amending section 11 (MCL 257.2111).
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. 246 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
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 regulate transportation network companies, taxicabs, and certain limousines in this state; to provide for the powers and duties of certain state officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 850, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
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. 247 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 851, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229, 229a, and 230 (MCL 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829, 388.1829a, and 388.1830), as amended by 2017 PA 108, and by adding section 209a.
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. 248 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 853, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
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. 249 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 857, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236a, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 274d, 275b, 276, 277, 278, 279, 280, 281, 282, and 289 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1845, 388.1851, 388.1852, 388.1856, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1874d, 388.1875b, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, and 388.1889), sections 236, 236a, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, and 282 as amended and section 274d as added by 2017 PA 108, section 275b as added by 2015 PA 44, and section 289 as amended by 2013 PA 60, and by adding sections 245a, 265b, 274e, and 274f.
The question being on the passage of the bill,
Senator Warren offered the following amendment:
1. Amend page 38, following line 1, by inserting:
“SEC. 274G. (1) IN CARRYING OUT ANY RESEARCH OR TRAINING ACTIVITY, A PUBLIC UNIVERSITY SHALL NOT ALLOCATE OR EXPEND FUNDS APPROPRIATED IN SECTION 236 TO DO ANY OF THE FOLLOWING:
(A) EXPERIMENT ON DOGS IN A MANNER THAT CAUSES PAIN OR DISTRESS.
(B) BREED, PURCHASE, TRANSPORT, HOUSE, FEED, OR MAINTAIN DOGS FOR USE IN AN EXPERIMENT THAT CAUSES PAIN OR DISTRESS.
(2) FOR PURPOSES OF THIS SECTION, A RESEARCH OR TRAINING ACTIVITY CAUSES PAIN OR DISTRESS IF THE ACTIVITY INVOLVES ANY PROCEDURE THAT WOULD, IN THE ABSENCE OF PAIN RELIEF, BUT REGARDLESS OF WHETHER ANY PAIN RELIEF IS OR IS NOT PROVIDED, REASONABLY BE EXPECTED TO CAUSE MORE THAN SLIGHT OR MOMENTARY PAIN OR DISTRESS IN A HUMAN BEING TO WHOM THAT PROCEDURE WAS APPLIED. SUCH AN ACTIVITY IS COMMONLY CLASSIFIED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) UNDER PAIN AND DISTRESS CATEGORY D OR E, OR COLUMN D OR E, AND INCLUDES, BUT IS NOT LIMITED TO, THOSE PROCEDURES CATEGORIZED AS PAINFUL OR DISTRESSING IN USDA’S ANIMAL CARE POLICY #11, MARCH 25, 2011, VERSION 11.2.”.
The amendment was not adopted, a majority of the members serving not 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. 250 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 858, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
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. 251 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 859, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
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. 252 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 861, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
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. 253 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 862, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
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. 254 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 864, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
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. 255 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 854, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Hopgood offered the following amendments:
1. Amend page 8, following line 9, by inserting:
“Water quality monitoring grants—3.0 FTE positions............................................................ 5,000,000”.
2. Amend page 9, line 12, by striking out “18,411,600” and inserting “23,411,600”.
3. Amend page 12, line 3, by striking out “1,020,300” and inserting “16,020,300”.
4. Amend page 13, line 17, by striking out “13,175,200” and inserting “28,175,200”.
5. Amend page 13, line 21, by striking out “130.0” and inserting “150.0”.
6. Amend page 13, line 21, by striking out “15,174,100” and inserting “17,574,100”.
7. Amend page 13, line 23, by striking out “15,000,000” and inserting “57,600,000”.
8. Amend page 14, line 19, by striking out “1,125,400” and inserting “46,125,400” and adjusting the subtotals, totals, and section 201 accordingly.
9. Amend page 34, following line 6, by inserting:
“Sec. 605. From funds appropriated in part 1, the department shall create a workgroup to assess the sufficiency of the regulation of water withdrawals in this state. The workgroup shall consist of representatives of the department, representatives from a statewide environmental group, representatives from industry and other members as deemed appropriate by the department. The workgroup shall produce a report of its findings to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director by September 30. The report shall contain all of the following:
(a) An assessment of whether permit issuance criteria under section 17 of the Michigan safe drinking water act, 1976 PA 399, MCL 325.1017 are sufficient to protect the groundwater resources of this state, and the criteria by which the department evaluates the hydrological, geological, and hydrogeological conditions that exist and the predicted effects of the intended withdrawal.
(b) Recommendations on whether amendments to part 327 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.32701 to 324.32730 should be made to protect groundwater resources.
(c) A list of reporting requirements that could be added to section 17 of the Michigan safe drinking water act, 1976 PA 399, MCL 325.1017 and part 327 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.32701 to 324.32730 that would improve transparency relating to the end use of large water withdrawals.”.
10. Amend page 34, following line 6, by inserting:
“Sec. 606. From funds appropriated in part 1, the department shall produce a report on the number of gallons of water transported out of state by holders of a permit under section 17 of the Michigan safe drinking water act, 1976 PA 399, MCL 325.1017 during the prior fiscal year. If the actual amount of water transported out of state is not available, the department shall provide an estimate. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director by March 30”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 256 Yeas—14
Ananich Hertel Knezek Rocca
Bieda Hood Knollenberg Warren
Conyers Hopgood O’Brien Zorn
Gregory Jones
Nays—22
Booher Hansen Marleau Robertson
Brandenburg Hildenbrand Meekhof Schmidt
Casperson Horn Nofs Schuitmaker
Colbeck Hune Pavlov Shirkey
Emmons Kowall Proos Stamas
Green MacGregor
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
Senator Warren offered the following amendments:
1. Amend page 7, following line 19, by inserting:
“Cooperative lake monitoring program................................................................................... 150,000”.
2. Amend page 9, line 12, by striking out “18,411,600” and inserting “18,561,600”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 257 Yeas—15
Ananich Hertel Jones Rocca
Bieda Hood Knezek Warren
Conyers Hopgood Nofs Zorn
Gregory Hune O’Brien
Nays—21
Booher Hansen MacGregor Robertson
Brandenburg Hildenbrand Marleau Schmidt
Casperson Horn Meekhof Schuitmaker
Colbeck Knollenberg Pavlov Shirkey
Emmons Kowall Proos Stamas
Green
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
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. 258 Yeas—24
Booher Hildenbrand Marleau Robertson
Casperson Horn Meekhof Rocca
Colbeck Hune Nofs Schmidt
Emmons Jones O’Brien Schuitmaker
Green Knollenberg Pavlov Shirkey
Hansen Kowall Proos Zorn
Nays—12
Ananich Conyers Hood MacGregor
Bieda Gregory Hopgood Stamas
Brandenburg Hertel Knezek Warren
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
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,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 259 Yeas—27
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
Hansen MacGregor Robertson
Nays—9
Ananich Gregory Hood Knezek
Bieda Hertel Hopgood Warren
Conyers
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Protest
Senator Hopgood, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 854 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Hopgood’s statement is as follows:
Colleagues, I rise to offer my “no” vote explanation to the DEQ budget. I want to start off by saying that I appreciate the working relationship that I have with the chair of the subcommittee, the good Senator from the 31st District. We’ve been able to talk it out and work on a number of issues, including some of the shortfalls in the budget that is before us today. I do believe and appreciate that he does want to address some of those issues as the process unfolds.
However, my “no” vote explanation is based on the Michigan Department of Environmental Quality’s sole responsibility being to ensure that future generations can plant family roots in this state and enjoy all of our natural wonders. Unfortunately, this fact is not a reality under this budget. Money that could be spent on children who are testing positive for PFAS in Kent County, and many other places throughout the state, is not included. Money that would protect our nation’s largest source of fresh water from foreign companies, such as Nestlé and Foxconn, which seek to pump hundreds of millions of gallons out of our lakes to make money at our expense, protections are not included. Money that could be spent on replacing lead pipes in a number of cities with dangerously high lead levels in their water is not included.
A vote for this budget is a vote, unfortunately, to continue down the same failed path that led us to the Flint water crisis, the nation’s worst man-made water disaster. This is a budget of missed opportunities. For that reason I cannot vote for this legislation, and I urge my colleagues to do the same.
Senator Hopgood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Hopgood’s statement is as follows:
I rise today to offer an amendment to the DEQ budget.
My amendment would provide $65 million for items in the Governor’s Clean Environment Initiative, establish a workgroup on sufficiency of the groundwater withdrawal regulatory system, and require a report on the amount of water leaving the state in bottles. Our constituents depend on the Great Lakes to the tune of $62 billion in wages annually—$62 billion. I hope my colleagues can see that $65 million is a small investment to protect $62 billion in wages every year related to agriculture, tourism, shipping, and manufacturing.
I look forward to your support on this amendment.
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:
Senate Bill No. 852
Senate Bill No. 855
Senate Bill No. 856
Senate Bill No. 860
Senate Bill No. 865
Senate Bill No. 863
Senate Bill No. 883
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 852, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Gregory offered the following amendments:
1. Amend page 6, line 5, by striking out “144,330,200” and inserting “147,596,100”.
2. Amend page 6, line 6, by striking out “3,623,500” and inserting “3,775,800”.
3. Amend page 6, line 13, by striking out “45,869,500” and inserting “46,213,700”.
4. Amend page 6, line 25, by striking out “309,632,300” and inserting “313,394,700” and adjusting the subtotals, totals, and section 201 accordingly.
5. Amend page 48, line 5, by striking out section 801.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 260 Yeas—14
Ananich Hertel Knezek Rocca
Bieda Hood Knollenberg Warren
Conyers Hopgood O’Brien Zorn
Gregory Horn
Nays—22
Booher Hansen Marleau Robertson
Brandenburg Hildenbrand Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones Pavlov Shirkey
Emmons Kowall Proos Stamas
Green MacGregor
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
Senator Gregory offered the following amendments:
1. Amend page 5, line 15, by striking out “57,163,500” and inserting “70,770,800”.
2. Amend page 6, line 2, by striking out “98,725,800” and inserting “112,333,100” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 9, line 27, by striking out “6,227,700” and inserting “9,227,700”.
4. Amend page 10, line 3, by striking out “6,227,700” and inserting “9,227,700” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 261 Yeas—16
Ananich Gregory Horn O’Brien
Bieda Hertel Knezek Rocca
Conyers Hood Knollenberg Warren
Emmons Hopgood Nofs Zorn
Nays—20
Booher Hansen MacGregor Robertson
Brandenburg Hildenbrand Marleau Schmidt
Casperson Hune Meekhof Schuitmaker
Colbeck Jones Pavlov Shirkey
Green Kowall Proos Stamas
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
Senator Proos offered the following amendments:
1. Amend page 4, line 2, by striking out “16,325,500” and inserting “18,825,500”.
2. Amend page 4, line 10, by striking out “108,852,300” and inserting “111,352,300” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 5, line 13, by striking out “5,342,100” and inserting “2,482,100”.
4. Amend page 6, line 2, by striking out “98,725,800” and inserting “96,225,800” and adjusting the subtotals, totals, and section 201 accordingly.
5. Amend page 29, line 22, by striking out “$47.50” and inserting “$55.00”.
6. Amend page 29, line 22, by striking out “$48.50” and inserting “$56.00”.
The amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 262 Yeas—25
Booher Hildenbrand MacGregor Robertson
Brandenburg Horn Marleau Schmidt
Casperson Hune Meekhof Schuitmaker
Colbeck Jones O’Brien Shirkey
Emmons Knollenberg Pavlov Stamas
Green Kowall Proos Zorn
Hansen
Nays—11
Ananich Gregory Hopgood Rocca
Bieda Hertel Knezek Warren
Conyers Hood Nofs
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Protest
Senator Gregory, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 852 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Gregory’s statement is as follows:
I’d like to offer my “no” vote explanation on the corrections budget proposal before us.
While I recognize there are many good things in this budget, and I always appreciate the hard work of my colleague from the 21st District—and he’s done some good work in this budget—I still cannot support this bill because it places short-term savings over long-term safety and security.
This bill seeks to privatize more than 300 registered nurses who are currently employed by the Department of Corrections. These nurses are on the front line when it comes to providing health care for the prison population across the state of Michigan. They act as first responders in emergency situations, evaluate prisoners prior to transfer, and often make recommendations for care before prisoners are allowed to see a physician, physician’s assistant, or nurse practitioner. They are crucial players in the safe, daily operations of our prison systems. Privatizing these critical positions will not help with employee recruitment and retention. It will only make matters worse.
Speaking of privatization, I was happy to see that food service was put back into the hands of our state workers. After years of headlines about maggots in food, inappropriate behavior by vendor employees, criminal activity, hundreds of stop-work orders, and multiple contract violations by two different vendors, we are finally saying, “enough is enough.” However, this bill before us does not include the necessary funding to bring food service back in-house. If we don’t fully fund this transition, it’s going to create unsafe staffing levels in prison kitchens. Security is of the utmost importance in an environment where knives and other utensils can easily be transformed into weapons. Additionally, the food service area is an active shipping drop-off point which makes it a potential entry area for contraband.
Finally, I have serious concerns regarding the proposed prison closure. The department already closed the West Shoreline Correctional Facility in Muskegon Heights earlier this year. The department made that decision because they thought it was warranted by the reduction in prison population. I understand that we all share the same goals of reducing recidivism in the prison population, but I’m afraid that this bill undermines those efforts.
For these reasons, I urge my colleagues to vote “no” on this bill.
Senator Gregory asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Gregory’s first statement is as follows:
I rise to support the outstanding registered nurses and other health care professionals employed by the Michigan Department of Corrections.
My amendment has two parts: to stop an attempt to privatize MDOC nurses, and to provide funding to help the department recruit and retain nurses and other health care professionals. The bill before us seeks to privatize over 300 registered nurses who are employed by the Department of Corrections. This bill would require the department to fire all of these registered nurses and instead award a no-bid contract to the current health care vendor, Horizon, for the purpose of privatizing these positions. This provision not only potentially violates civil service rules prohibiting no-bid contracts, but it also would mean that the 312 registered nurses who are currently employed by the MDOC would be out of a job next April.
We know the department has struggled to recruit and retain health care professionals such as nurses largely due to the challenging environment of corrections, but the bill before us isn’t helping that effort. That’s why my amendment would also fund the Governor’s recommendation of $3.7 million to help the department recruit and retain health care professionals in high-vacancy positions.
I ask my colleagues for their support.
Senator Gregory’s second statement is as follows:
I rise to offer this amendment to ensure safe staffing levels for food service workers and correctional officers in our prison system. My amendment would provide the Governor’s recommended level of funding for food service transition costs and a new corrections officer academy. With respect to food service, I am very glad that the Governor has finally acknowledged that the failed experiment with privatized prison food service has been a total disaster. However, the bill before us does not include the necessary funding to bring food service back in-house. If we don’t fully fund this transition, we risk creating unsafe staffing levels in the prison kitchens. To that end, this amendment would fund the Governor’s recommendation of $13.6 million for transition costs to return prison food service operations back to state workers.
Secondly, this amendment would also provide $9.2 million to fund the Governor’s recommendation for a new custody staff training academy to produce 359 new corrections officers. Corrections officers are currently severely understaffed across the department, and as a result, they are already being asked to do more with less. The bill in front of us will spread them even thinner than they are now. This bill does not fully fund a new custody staff training academy. Staffing needs are not going to improve unless we fully fund academies to produce new correctional officers. My amendment would fully fund this academy to graduate 359 new corrections officers to help cut down on these vacancies and ensure that these brave men and women have the support they need to keep our prisons safe.
I ask my colleagues for their support.
The following bill was read a third time:
Senate Bill No. 855, entitled
A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain other state purposes for the fiscal year ending September 30, 2019; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
The question being on the passage of the bill,
Senator Ananich offered the following amendment:
1. Amend page 50, following line 23, by inserting:
“Sec. 250. Funds appropriated in part 1 shall not be used to pay for contracts for prosecution or defense of current or former state employees if the contractual amount exceeds $150.00 per hour.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Ananich offered the following amendments:
1. Amend page 37, line 13, by striking out “7,356,600” and inserting “7,356,700”.
2. Amend page 37, line 18, by striking out “10,856,600” and inserting “10,856,700” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 179, following line 12, by inserting:
“(24) From the funds appropriated in part 1 for Michigan enhancement grants, $100.00 shall be awarded to a city that has been under a declaration of water emergency to purchase software that would allow the register of deeds office to record properties that have had pipelines replaced or have been certified that pipeline replacement is not needed on the official land documents.”.
The question being on the adoption of the amendments,
Senator Ananich withdrew the amendments.
Senator Ananich offered the following amendments:
1. Amend page 37, line 13, by striking out “7,356,700” and inserting “7,356,800”.
2. Amend page 37, line 18, by striking out “10,856,700” and inserting “10,856,800” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 179, following line 12, by inserting:
“(24) From the funds appropriated in part 1 for Michigan enhancement grants, $100.00 shall be awarded to a city that has been under a declaration of water emergency to purchase software that would allow the register of deeds office to record properties that have had pipelines replaced or have been certified that pipeline replacement is not needed on the official land documents.”.
The amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 263 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Ananich’s statement is as follows:
My amendment prohibits the approval of contracts for prosecution or defense of current or former state employees if the hourly rate exceeds $150 per hour. To date, the state has spent nearly $25.5 million on legal costs associated with the Flint water crisis. Some defendants haven’t even begun court proceedings, so that number will only continue to balloon. Michigan taxpayers want their dollars going to fix roads and improve our schools—not paying an obscene amount in lawyer fees for state employees and emergency managers who failed our constituents. I’m not proposing that we completely eliminate state funding for the prosecution and defense of state employees, but if defendants want a lawyer that charges more than $150 per hour, they can pay the difference themselves.
While the Flint water crisis is what inspired this amendment, I want to be clear that this change would not be exclusive to legal costs related to Flint. No matter what the issue, taxpayers shouldn’t be footing the bill for exorbitant attorney fees. During Detroit bankruptcy, for example, the Jones Day law firm made $53 million in fees. This is simply not OK, and is fiscally irresponsible.
I ask for your support for this commonsense, taxpayer-friendly amendment.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:17 p.m.
2:30 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
The following bill was read a third time:
Senate Bill No. 856, entitled
A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Conyers offered the following amendments:
1. Amend page 18, following line 8, by inserting:
“African-American maternal health study pilot program grant............................................... 100”.
2. Amend page 18, line 9, by striking out “$326,820,400” and inserting “$326,820,500”.
3. Amend page 18, line 18, by striking out “$11,322,500” and inserting “$11,322,600” and adjusting the subtotals, totals, and section 201 accordingly.
4. Amend page 151, following line 27, by inserting:
“Sec. 1341. From funds appropriated in part 1 for an African-American maternal health study pilot program grant, the department shall allocate $100.00 for a pilot program grant to explore the link between poor social determinants of health in African-American women living in a county with a population of between 1,800,000 and 1,900,000 and in a city with a population of between 700,000 and 725,000 according to the most recent decennial census. The pilot program grant shall fund a study to determine the causation for and make recommendations to reduce increased maternal and infant mortality, pregnancy complications, and postpartum health issues for the mother and child.”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Gregory offered the following amendments:
1. Amend page 12, line 7, by striking out “120,050,400” and inserting “126,450,400”.
2. Amend page 12, line 18, by striking out “3,192,876,800” and inserting “3,199,276,800”.
3. Amend page 12, line 25, by striking out “1,047,005,500” and inserting “1,053,405,500” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 264 Yeas—15
Ananich Gregory Horn Rocca
Bieda Hertel Knezek Warren
Conyers Hood Knollenberg Zorn
Emmons Hopgood O’Brien
Nays—21
Booher Hildenbrand Marleau Robertson
Brandenburg Hune Meekhof Schmidt
Casperson Jones Nofs Schuitmaker
Colbeck Kowall Pavlov Shirkey
Green MacGregor Proos Stamas
Hansen
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
Senator Gregory offered the following amendment:
1. Amend page 52, line 13, by striking out all of section 298 and inserting:
“Sec. 298. (1) The department shall continue to pursue the implementation of the demonstration model as specified under subsection (2) of section 298 of article X of 2017 PA 107. The department shall ensure that the demonstration model described in this subsection is implemented in a manner that ensures at least all of the following:
(a) That any changes made to a Medicaid waiver or Medicaid state plan to implement the pilot project described in this subsection must only be in effect for the duration of the pilot project described in this subsection.
(b) That the project is consistent with the stated core values as identified in the final report of the workgroup established in section 298 of article X of 2016 PA 268.
(c) That updates are provided to the medical care advisory council, behavioral health advisory council, and developmental disabilities council.
(2) The department shall continue to pursue the implementation of up to 3 pilot projects as specified under subsection (3) of section 298 of article X of 2017 PA 107. The department shall ensure that the pilot projects described in this subsection are implemented in a manner that ensures at least all of the following:
(a) That allows the CMHSP in the geographic area of the pilot project to be a provider of behavioral health supports and services.
(b) That any changes made to a Medicaid waiver or Medicaid state plan to implement the pilot projects described in this subsection must only be in effect for the duration of the pilot projects described in this subsection.
(c) That the project is consistent with the stated core values as identified in the final report of the workgroup established in section 298 of article X of 2016 PA 268.
(d) That updates are provided to the medical care advisory council, behavioral health advisory council, and developmental disabilities council.
(3) For the duration of any pilot projects and demonstration models, the department shall require that contracts between CMHSPs and the Medicaid health plans within their pilot region mandate that any and all realized benefits and cost savings of integrating the physical health and behavioral health systems shall be reinvested in services and supports for individuals having or at risk of having a mental illness, an intellectual or developmental disability, or a substance use disorder. Any and all realized benefits and cost savings shall be specifically reinvested in the counties where the savings occurred in accordance with the Medicaid state plan and any applicable Medicaid waivers.
(4) The department shall continue to partner with 1 of the state’s research universities to evaluate any pilot project(s) and demonstration model that are authorized under this section.
(a) The evaluation shall include information on the pilot project’s or demonstration model’s success in meeting the performance metrics developed in this subsection and information on whether the pilot project could be replicated into other geographic areas with similar performance metric outcomes.
(b) The evaluation shall include the performance metrics, at a minimum, from each of the following categories:
(i) Improvement of the coordination between behavioral health and physical health.
(ii) Improvement of services available to individuals with mental illness, intellectual or developmental disabilities, or substance use disorders.
(iii) Benefits associated with full access to community-based services and supports.
(iv) Customer health status.
(v) Customer satisfaction.
(vi) Provider network stability.
(vii) Treatment and service efficacies before and after the pilot projects and demonstration models.
(viii) Use of best practices.
(ix) Financial efficiencies.
(x) Any other relevant categories.
(c) The evaluation shall be completed within 6 months of the end of the pilot project or demonstration model and shall be provided to the department, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office.
(5) Upon completion of any pilot projects or demonstration models advanced under this section, the managing entity of the pilot project or demonstration model shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office within 30 days of completion of that pilot project or demonstration model detailing their experience, lessons learned, efficiencies and savings revealed, increases in investment on behavioral health services, and recommendations for extending pilot projects to full implementation or discontinuation.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 265 Yeas—15
Ananich Gregory Horn Rocca
Bieda Hertel Knezek Warren
Conyers Hood Knollenberg Zorn
Emmons Hopgood O’Brien
Nays—21
Booher Hildenbrand Marleau Robertson
Brandenburg Hune Meekhof Schmidt
Casperson Jones Nofs Schuitmaker
Colbeck Kowall Pavlov Shirkey
Green MacGregor Proos Stamas
Hansen
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
Senator Hertel offered the following amendments:
1. Amend page 45, line 1, by striking out all of section 273.
2. Amend page 47, line 15, by striking out all of section 276.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 266 Yeas—14
Ananich Hertel Knezek Rocca
Bieda Hood Knollenberg Warren
Conyers Hopgood O’Brien Zorn
Gregory Horn
Nays—22
Booher Hansen Marleau Robertson
Brandenburg Hildenbrand Meekhof Schmidt
Casperson Hune Nofs Schuitmaker
Colbeck Jones Pavlov Shirkey
Emmons Kowall Proos Stamas
Green MacGregor
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
Senator Hertel offered the following amendments:
1. Amend page 12, line 7, by striking out “120,050,400” and inserting “120,750,400”.
2. Amend page 12, line 18, by striking out “3,192,876,800” and inserting “3,193,576,800”.
3. Amend page 12, line 25, by striking out “1,047,005,500” and inserting “1,047,705,500”.
4. Amend page 18, line 1, by striking out “20,647,000” and inserting “19,947,000”.
5. Amend page 18, line 9, by striking out “326,820,400” and inserting “326,120,400”.
6. Amend page 18, line 18, by striking out “11,322,500” and inserting “10,622,500” and adjusting the subtotals, totals, and section 201 accordingly.
7. Amend page 130, following line 15, by inserting:
“Sec. 1002. From the funds appropriated in part 1 for community mental health non-Medicaid services the department shall do all of the following:
(a) Allocate $350,000.00 to a CMHSP located in a county with a population between 250,000 and 251,000 according to the most recent decennial census.
(b) Allocate $230,000.00 to a CMHSP located in a county with a population between 152,000 and 153,000 according to the most recent decennial census.
(c) Allocate $120,000.00 to a CMHSP located in a county with a population between 200,000 and 201,000 according to the most recent decennial census.”.
8. Amend page 149, line 25, by striking out section 1307.
The question being on the adoption of the amendments,
Senator Hertel withdrew the amendments.
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. 267 Yeas—27
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
Hansen MacGregor Robertson
Nays—9
Ananich Gregory Hood Knezek
Bieda Hertel Hopgood Warren
Conyers
Excused—1
Young
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Protests
Senators Conyers and Gregory, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 856 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Conyers’ statement is as follows:
Briefly, I want to discuss my position with the current budget as it stands and speak directly to what I thought would have made this a much better package.
My amendment placed a simple $100 placeholder for a pilot program in Detroit that would have researched the link between poor social detriments of health in African-American women and how that may lead to maternal and infant mortality, pregnancy complications, and post-partum health issues for both the mother and the child. Black women in Detroit are dying from birth-related health complications at a disturbing rate. This has spiraled out of control across our country. Some of you may have even seen the headlines with Serena Williams nearly dying from post-partum blood loss. It does not matter what socioeconomic background you come from, this is an issue that has been focused each and every day.
At the end of the day, this pilot would have revealed the link between the root cause of the problem and the biases of our health care system today. Black mothers in Detroit have reported feeling disregarded by the health care system. Our Governor promised to lower maternal issues and infant mortality. I think it’s time that we take action. I urge you to pay close attention to this.
Senator Gregory’s statement is as follows:
Colleagues, I rise today to offer my “no” vote explanation on this DHHS budget. I want to first acknowledge the good Senator from the 28th District for the many positives in this budget. Just a few examples include the preservation of the heat and eat, a psychiatric salary increase, additional funding for recovery efforts in Flint, and a rate increase for public guardians caring for our most vulnerable. But I cannot bring myself to support a budget that kicks people off Medicaid, punishes DHS employees if a Medicaid work requirement waiver isn’t approved by the feds, makes an assumption that the feds will approve of waivers to pay for cost-sharing subsidies that the state is legally obligated to cover, makes it harder for women to access reproductive health services, fails to address the Medicaid spend-down issue that I have fought tirelessly for on the past three budgets, and retracts from an agreement that we came to last year on the 298 pilot. That’s unacceptable and we need to do better.
Again, I do appreciate the work of all my colleagues on the committee, the time they put into this budget, and the many compromises that were made. But unfortunately, they aren’t enough to warrant my “yes” vote.
Senator Gregory asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Gregory’s statement is as follows:
My amendment strikes section (2)(e) of the 298 boilerplate. While the change to the section made in the Senate version may have been well-intentioned, I feel it has the potential to completely undermine the CMHSPs’ role in its reintegration pilots. The compromise that we landed on last year made it clear that these pilots were to be a partnership between the HMOs and the CMHs. The language required HMOs to contract with CMHs to provide special behavioral health services. This new section in the Senate budget could result in the CMHs being cut entirely out of the process, as it would allow HMOs to contract with any behavioral health provider, even those that are not legally required to adhere to the mental health code. This could put our most vulnerable Medicaid enrollees at risk of having services cut and create financial havoc for the CMHs. While I do trust that the HMOs will likely still work with the CMHSPs, I still find this language to be concerning. I do believe we should stick with the compromise that we spent so much time on last year.
Madam President, I ask for the support from my colleagues.
The Assistant President pro tempore, Senator O’Brien, resumed the Chair.
The following bill was read a third time:
Senate Bill No. 860, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Hertel offered the following amendments:
1. Amend page 11, line 1, by striking out “100” and inserting “15,000,000”.
2. Amend page 11, line 5, by striking out “46,000,000” and inserting “85,000,000”.
3. Amend page 11, line 12, by striking out line 12.
4. Amend page 11, line 18, by striking out “46,451,800” and inserting “100,451,800” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 268 Yeas—15
Ananich Gregory Horn Rocca
Bieda Hertel Jones Warren
Conyers Hood Knezek Zorn
Emmons Hopgood O’Brien
Nays—21
Booher Hildenbrand Marleau Robertson
Brandenburg Hune Meekhof Schmidt
Casperson Knollenberg Nofs Schuitmaker
Colbeck Kowall Pavlov Shirkey
Green MacGregor Proos Stamas
Hansen
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
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. 269 Yeas—27
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
Hansen MacGregor Robertson
Nays—9
Ananich Gregory Hood Knezek
Bieda Hertel Hopgood Warren
Conyers
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 865, entitled
A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2019; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Hertel offered the following amendments:
1. Amend page 12, following line 11, by inserting:
“Cities and villages................................................................................................................. 98,100,000
County road commissions............................................................................................................ 175,950,000
State trunkline federal aid and road and bridge construction...................................................... 175,950,000”.
2. Amend page 12, line 12, by striking out “6,000,000” and inserting “456,000,000”.
3. Amend page 12, line 16, by striking out “0” and inserting “450,000,000” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 270 Yeas—16
Ananich Gregory Horn Rocca
Bieda Hertel Knezek Schuitmaker
Colbeck Hood Knollenberg Warren
Conyers Hopgood O’Brien Zorn
Nays—20
Booher Hansen MacGregor Proos
Brandenburg Hildenbrand Marleau Robertson
Casperson Hune Meekhof Schmidt
Emmons Jones Nofs Shirkey
Green Kowall Pavlov Stamas
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
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. 271 Yeas—27
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
Hansen MacGregor Robertson
Nays—9
Ananich Gregory Hood Knezek
Bieda Hertel Hopgood Warren
Conyers
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Hertel’s statement is as follows:
I rise to offer this amendment to provide $450 million that we fall short of the annual $1.2 billion in funding necessary to simply stop the further deterioration of our roads.
As winter has finally passed, we now see the full extent of the damage done to our roads and it is painfully clear that our current system of underfunding the problem and kicking the can further down the road is unsustainable. Back in March, when we deliberated the $175 million in supplemental funding for roads and I offered a similar amendment, I noted that we were a day late and a dollar short addressing this issue. Well now, we’re 905 days late and, again this year, $450 million short.
Governor Snyder signed the roads plan into law that funds the problem in 2021. We have raised taxes and offered no relief to motorists. Think of how much the roads have deteriorated since that road plan was passed. How can we possibly wait another three years to halt their further deterioration? Our roads cannot endure another three Michigan winters and taxpayers should not have to endure another three years of paying higher taxes and repairing bent rims and flat tires because members in this chamber refuse to acknowledge the action that needs to be taken. The filling of some potholes and throwing pennies at the problem is not sustainable. Putting a Band-Aid on this issue is not a solution.
I spoke back in March of how literally it was raining concrete as debris flies off roads and falls from overpasses. I was not exaggerating then, nor am I now. Just this week, a motorist driving in Emmett Township was nearly killed when a baseball-size chunk of concrete flew off the road and flew through her windshield. This goes beyond just flat tires and bumpy drives around town. People are getting hurt and the risk is only magnified as members here in this chamber do not act. How can we sit here and, in good conscience, tell Michiganders just to wait until 2021?
And the ultimate insult is that in this year—in the election year—we are actually going to spend more than we proposed to actually fund next year. We’re raising the amount of road funding for the election year and then dropping it again in the following year so people see orange barrels when they go to the polls but won’t see it next year.
We told you what would happen when we passed this road funding plan, that by not giving this funding until 2021, the problem would just get worse and it would get more expensive to fix, but I can’t ask you to build a time machine—we don’t have the money for that for sure. The longer we wait, the problem becomes more expensive to fix and absolutely, indisputably, three more years of damage will undoubtedly require more money every single year. Every year we put this off, we cost future taxpayers more.
It’s a simple problem, so let’s start by investing now. I ask you to support my amendment.
The following bill was read a third time:
Senate Bill No. 863, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 11, 11a, 11j, 11k, 11m, 11s, 18, 19, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 32d, 32p, 32q, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64b, 65, 67, 74, 81, 94, 94a, 95b, 98, 99h, 99r, 99s, 99t, 99u, 102d, 104, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 152b, 163, 166b, and 169a (MCL 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622n, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1632d, 388.1632p, 388.1632q, 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, 388.1695b, 388.1698, 388.1699h, 388.1699r, 388.1699s, 388.1699t, 388.1699u, 388.1702d, 388.1704, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1763, 388.1766b, and 388.1769a), sections 6, 11a, 11j, 11k, 11m, 11s, 18, 20, 20d, 20f, 22a, 22b, 22d, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31d, 31f, 32p, 32q, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99s, 104, 147, 147b, 147c, 152a, and 152b as amended and sections 21h, 22m, 22n, and 147e as added by 2017 PA 108, sections 11, 31a, 31j, 32d, 35a, 61c, 95b, 99h, 99r, 99t, 102d, 104c, 107, 147a, and 166b as amended and section 99u as added by 2017 PA 143, section 19 as amended by 2016 PA 533, section 163 as amended by 2015 PA 85, and section 169a as amended by 1997 PA 93, and by adding sections 22p, 54c, 54d, 95c, and 99v; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Hopgood offered the following amendment:
1. Amend page 27, line 8, by striking out “$12,753,706,700.00” and inserting “$13,544,306,600.00”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 272 Yeas—13
Ananich Hertel Knezek Rocca
Bieda Hood Knollenberg Warren
Conyers Hopgood O’Brien Zorn
Gregory
Nays—23
Booher Hansen MacGregor Robertson
Brandenburg Hildenbrand Marleau Schmidt
Casperson Horn Meekhof Schuitmaker
Colbeck Hune Nofs Shirkey
Emmons Jones Pavlov Stamas
Green Kowall Proos
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
Senator Hopgood offered the following amendments:
1. Amend page 62, line 23, after “allocated” by striking out “$6,000,000.00” and inserting “$8,000,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.
2. Amend page 73, line 24, after “EXCEED” by striking out “$3,818,000,000.00” and inserting “$4,218,000,000.00”.
3. Amend page 74, line 4, after “22a” by striking out the comma and “22P,”.
4. Amend page 77, line 27, by striking out all of subsection (12).
5. Amend page 82, line 19, by striking out all of section 22P.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 273 Yeas—14
Ananich Gregory Horn Rocca
Bieda Hertel Knezek Warren
Brandenburg Hood O’Brien Zorn
Conyers Hopgood
Nays—22
Booher Hildenbrand Marleau Robertson
Casperson Hune Meekhof Schmidt
Colbeck Jones Nofs Schuitmaker
Emmons Knollenberg Pavlov Shirkey
Green Kowall Proos Stamas
Hansen MacGregor
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
Senator Hopgood offered the following amendments:
1. Amend page 111, line 5, after “exceed” by striking out “$243,600,000.00” and inserting “$416,000,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.
2. Amend page 111, line 23, after “guidelines.” by inserting:
“BEGINNING IN 2018-2019, FOR A CHILD TO BE ELIGIBLE TO PARTICIPATE IN A PROGRAM UNDER THIS SECTION, THE CHILD SHALL BE AT LEAST 3, BUT LESS THAN 5, YEARS OF AGE AS OF THE SEPTEMBER 1 OF THE SCHOOL YEAR IN WHICH THE PROGRAM IS OFFERED AND SHALL MEET THOSE ELIGIBILITY AND PRIORITIZATION GUIDELINES. OF THE AMOUNT ALLOCATED IN THIS SUBSECTION, BEGINNING IN 2018-2019 THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $96,000,000.00 TO BEGIN SERVING ELIGIBLE 3-YEAR-OLDS UNDER THIS SECTION.”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hopgood offered the following amendment:
1. Amend page 205, following line 2, by inserting:
“SEC. 95D. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED FOR 2018-2019 AN AMOUNT NOT TO EXCEED $43,200,000.00 FOR BONUSES FOR NEW TEACHERS, GRANTS FOR MENTOR TEACHERS, TEACHER TUITION REIMBURSEMENT, STUDENT TEACHER STIPENDS, AND TEACHER LOAN FORGIVENESS.
(2) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED FOR 2018-2019 AN AMOUNT NOT TO EXCEED $8,500,000.00 FOR A 1-TIME BONUS PAID TO NEW TEACHERS. FUNDS UNDER THIS SUBSECTION MUST BE ALLOCATED IN A MANNER CONSISTENT WITH SENATE BILL NO. 768 OF THE 99TH LEGISLATURE.
(3) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED FOR 2018-2019 AN AMOUNT NOT TO EXCEED $10,000,000.00 FOR GRANTS TO MENTOR TEACHERS. FUNDS UNDER THIS SUBSECTION MUST BE ALLOCATED IN A MANNER CONSISTENT WITH SENATE BILL NO. 770 OF THE 99TH LEGISLATURE.
(4) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED FOR 2018-2019 AN AMOUNT NOT TO EXCEED $12,300,000.00 FOR TEACHER TUITION REIMBURSEMENT FOR CERTIFICATION IN CRITICAL SHORTAGE AREAS. FUNDS UNDER THIS SUBSECTION MUST BE ALLOCATED IN A MANNER CONSISTENT WITH SENATE BILL NO. 781 OF THE 99TH LEGISLATURE.
(5) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED FOR 2018-2019 AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR STUDENT TEACHER STIPENDS. FUNDS UNDER THIS SUBSECTION MUST BE ALLOCATED IN A MANNER CONSISTENT WITH SENATE BILL NO. 766 OF THE 99TH LEGISLATURE.
(6) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED FOR 2018-2019 AN AMOUNT NOT TO EXCEED $11,400,000.00 FOR TEACHER LOAN FORGIVENESS. FUNDS UNDER THIS SUBSECTION SHALL BE ALLOCATED IN A MANNER CONSISTENT WITH SENATE BILL NO. 767 OF THE 99TH LEGISLATURE.” and adjusting the totals in section 11 and enacting section 1 accordingly.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Ananich offered the following amendments:
1. Amend page 52, line 19, after “subsection.” by inserting:
“BEGINNING IN 2018-2019, FOR PUPILS IN MEMBERSHIP IN A PUBLIC SCHOOL ACADEMY THAT WAS ISSUED A CONTRACT UNDER SECTION 552 OF THE REVISED SCHOOL CODE, MCL 380.552, TO OPERATE AS A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL, THE ALLOCATION CALCULATED UNDER THIS SECTION SHALL BE AN AMOUNT EQUAL TO 75% OF THE AMOUNT AS WOULD OTHERWISE BE CALCULATED UNDER THIS SUBSECTION FOR A PUBLIC SCHOOL ACADEMY.”.
2. Amend page 73, line 24, after “EXCEED” by striking out “$3,818,000,000.00” and inserting “$3,793,000,000.00”.
3. Amend page 259, following line 25, by inserting:
“SEC. 130. FROM THE FUNDS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 2018‑2019 AN AMOUNT NOT TO EXCEED $50,000,000.00 FOR THE DEPARTMENT TO CREATE A STATEWIDE GRANT PROGRAM TO REIMBURSE SCHOOL DISTRICTS FOR THE COST OF ADDING SCHOOL COUNSELORS, SCHOOL SOCIAL WORKERS, AND SCHOOL RESOURCE OFFICERS.
SEC. 131. FROM THE FUNDS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 2018‑2019 AN AMOUNT NOT TO EXCEED $50,000,000.00 FOR THE DEPARTMENT TO WORK WITH THE DEPARTMENT OF STATE POLICE TO CREATE A STATEWIDE GRANT PROGRAM FOR PHYSICAL SECURITY ENHANCEMENTS FOR K-12 SCHOOL BUILDINGS.” and adjusting the totals in section 11 and enacting section 1 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hood requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 274 Yeas—16
Ananich Hertel Jones O’Brien
Bieda Hood Knezek Rocca
Conyers Hopgood Knollenberg Warren
Gregory Horn Marleau Zorn
Nays—20
Booher Green MacGregor Robertson
Brandenburg Hansen Meekhof Schmidt
Casperson Hildenbrand Nofs Schuitmaker
Colbeck Hune Pavlov Shirkey
Emmons Kowall Proos Stamas
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
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. 275 Yeas—27
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
Hansen MacGregor Robertson
Nays—9
Ananich Gregory Hood Knezek
Bieda Hertel Hopgood Warren
Conyers
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
Protest
Senator Hopgood, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 863 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Hopgood’s statement is as follows:
Colleagues, I rise to offer my “no” vote explanation to the School Aid budget.
I would like to start off by acknowledging the hard work of the Senator from the 34th District and the good relationship we have in working on a number of these issues. There are certainly good things that have been included in this budget, but unfortunately, over the past eight years, we have created the theme of short-changing our public schools. We have chosen to make unwise tax cuts to businesses that ship their profits overseas. This has ultimately resulted in less money for the classroom and less money for our kids. No longer should we take public school money and use it for other budgets. No longer should we exclude four-year-olds from the Great Start Readiness Program. Instead, we need to support public education and support the teachers who make it possible.
Without the amendments that I offered for our public schools, I cannot support this budget. I urge that my colleagues also vote “no” on this budget.
Senators Hopgood, Ananich and Hildenbrand asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hopgood’s first statement is as follows:
Colleagues, I rise today to offer an amendment to the School Aid Fund budget. My amendment would require that School Aid Fund money be spent solely on our public schools. Michigan’s schools are already underfunded by more than $1,000 per pupil, and in some schools, nearly $2,000 per pupil. While I understand the importance of higher education and all the benefits that it can provide, none of that matters if our students can’t read or do basic geometry when they graduate from high school.
If we appropriate the money in a commonsense way, we could boost the public education budget by more than $500 per pupil in this K-12 budget. Higher education used to be supported by the General Fund, but money mismanagement has required us to move money away from our public schools instead. This needs to be fixed as soon as possible. We need to ensure our school children have the supplies they need to succeed. I hope you’ll support this amendment.
Senator Hopgood’s second statement is as follows:
Colleagues, I rise today to offer an amendment to the School Aid Fund budget. My amendment would remove language that withholds discretionary foundation allowance from partnership districts, and restores it back to the recommended level. Michigan’s children are not part of some real-life psychology experiment. We shouldn’t punish the 10-year-olds in our state for not meeting required standards on a test. What we should be doing is supporting them, and ensuring that every Michigan student has the opportunity to succeed on these tests. I hope you’ll support my amendment for expanding partnerships for our struggling schools.
Senator Hopgood’s third statement is as follows:
Colleagues, I rise today to offer an amendment to the School Aid Fund budget. My amendment would expand the Great Start Readiness Program to remaining eligible 4-year-olds, and to begin serving eligible 3-year-olds. Studies repeatedly have shown that early education has undeniable benefits. In fact, children who start education as early as age 4, have improved rates of literacy and math later on in their lives. This amendment offers an opportunity for us to support legislation that will truly make a positive difference for our children and their future.
I hope that you will support this amendment and help nurture the potential and ensure the success of our younger generation by allowing them a strong head start in education.
Senator Hopgood’s fourth statement is as follows:
Colleagues, I rise today to offer my last amendment to the School Aid budget. This amendment would incorporate significant portions of the Teachers for Michigan package, including funds for mentor teachers, student teachers, loan forgiveness, and tuition reimbursement for new teachers in high free- and reduced-price lunch districts. For far too long, Michigan teachers have been neglected by Lansing. It’s time we stop cutting their classroom funding, retirement, health care, and their ability to collectively bargain.
While this scaled-down Teachers for Michigan plan won’t fix every singly problem Lansing has created, it will at least push Michigan into the right direction. It is time we step up for the future of our students. It’s time we support Teachers for Michigan. I hope you’ll support this version of Teachers for Michigan.
Senator Ananich’s statement is as follows:
I rise to offer an amendment that puts School Aid dollars where they should be. There’s been a lot of discussion about school safety in this chamber lately, and that’s a good thing. My amendment will help us put our money where our mouth is. That means making sure schools have the real resources to make buildings safer and to hire school counselors who can get troubled kids the help they need, before the worst happens.
To do this, I propose moving $25 million from cyber school funding to make sure schools have the resources they need to keep their students safe, fulfilling the bold plan Senate Democrats laid out recently. You can argue that cyber schools are one of the few places in our budget where, year after year, we overfund. They have no buildings to take care of, no lunch ladies, or custodians, or safety officers. Not to mention, they just don’t work. Yet, they still get the same per-pupil funding as charter schools and many public school districts. Let’s stop trying to push this failed experiment and do something that actually works—making our schools safer, and putting trained counselors in our schools. I urge a “yes” vote on my amendment. Thank you very much.
Senator Hildenbrand’s statement is as follows:
Well, before you today are the 16 bills that enacted all functions of state government for FY 2018-19.
First, I just wanted to thank the members of the Senate Appropriations Committee for their hard work over the last several months to get us to this point today. I would be remiss also, if I didn’t acknowledge all the staff that put in countless hours, including my personal staff, the staff of the Majority Leader, staff in member offices, and of course, the nonpartisan Senate Fiscal Agency who serves all of us Senators under the leadership of Director Ellen Jeffries.
The Senate budget proposal passed today, reflects key priorities for the people of Michigan. First and foremost, it’s a conservative budget that spends taxpayer’s money in a responsible and efficient manner. Not only are we to appropriate less than current year spending, we are still investing in key priorities of state government.
Here are a few key highlights. We have increased funding for roads and bridges to record levels. When you add the additional revenue in the current year and what we are proposing for next year, there is more than $1.5 billion dollars in new money on top of the billions we already spend being invested to fix, build, and maintain our Michigan’s roads and bridges.
Secondly, we are investing record levels in our K-12 public education, community colleges, and higher education systems. I have always said that our investment in education is important and it continues to be a priority in the state budget. But, just as important as this investment, we must ensure that our students are getting a good education with good results. Michigan is still lacking in key measurements in math and reading and we must continue to pursue better policies, in addition to this investment, to put Michigan’s education system in the top ten in the country.
Health and Human Services will continue to see key investments in public health funding to make sure we stay on top of new emerging health concerns in our bodies, in our water, and in the air we breathe.
We are adding more state troopers, investing in criminal justice reforms and other public safety efforts to keep our residents safe and our communities vibrant.
Finally, and of course not least, we continue our efforts to support and promote rural Michigan, with key investments in agriculture, rural health care, and Pure Michigan marketing to promote and showcase the beauty and pristine of our state. Our farmers, our agriculture businesses, and our agriculture processors help feed the world and are a key driver in Michigan’s economy.
There is still a lot of work left to do with our partners in the House and Governor’s office to reconcile many differences in the proposals before you as we finalize the state budget. But you can be proud of the budget before you that has been crafted in a very open and transparent budget process that is balanced and reflects the priorities of the people of Michigan.
The following bill was read a third time:
Senate Bill No. 883, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2018; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
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. 276 Yeas—36
Ananich Gregory Knezek Proos
Bieda Hansen Knollenberg Robertson
Booher Hertel Kowall Rocca
Brandenburg Hildenbrand MacGregor Schmidt
Casperson Hood Marleau Schuitmaker
Colbeck Hopgood Meekhof Shirkey
Conyers Horn Nofs Stamas
Emmons Hune O’Brien Warren
Green Jones Pavlov Zorn
Nays—0
Excused—1
Young
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Kowall moved that consideration of the following bill be postponed for today:
Senate Bill No. 35
The motion prevailed.
Senate Bill No. 551, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1902, 1903, and 1907 (MCL 324.1902, 324.1903, and 324.1907), sections 1902 and 1907 as amended by 2012 PA 619 and section 1903 as amended by 2011 PA 117.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
Senator Hildenbrand offered the following amendments to the substitute:
1. Amend page 6, line 27, after “UPON” by striking out the balance of the line through line 1 of page 7 and inserting “CONSIDERATION OF ANY CONSENSUS RECOMMENDATION SUBMITTED UNDER SUBSECTION (2) THAT IS CONSISTENT WITH SECTION 35 OF ARTICLE 9 OF THE STATE CONSTITUTION OF 1963.”.
2. Amend page 7, line 6, after “SHALL” by striking out the balance of the line through the first “OF” on line 7 and inserting “MEET AND DEVELOP A CONSENSUS RECOMMENDATION TO BE SUBMITTED TO THE BOARD ON THE AMOUNT OF”.
The amendments to the substitute were adopted.
The question being on concurring in the House substitute as amended,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 277 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—10
Ananich Gregory Hopgood Rocca
Bieda Hertel Knezek Warren
Conyers Hood
Excused—1
Young
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.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 2:
House Bill Nos. 4991 5711
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, May 2, for his approval the following bill:
Enrolled Senate Bill No. 618 at 3:14 p.m.
The Secretary announced that the following bills were printed and filed on Wednesday, May 2, and are available at the Michigan Legislature website:
Senate Bill Nos. 970 971 972
House Bill Nos. 5918 5919 5920 5921 5922 5923
Committee Reports
The Committee on Banking and Financial Institutions reported
Senate Bill No. 465, entitled
A bill to amend 1980 PA 497, entitled “Construction lien act,” by amending sections 104, 106, 108, 108a, 109, 112, and 119 (MCL 570.1104, 570.1106, 570.1108, 570.1108a, 570.1109, 570.1112, and 570.1119), sections 104 and 106 as amended by 2010 PA 147 and sections 108, 109, and 119 as amended and section 108a as added by 1982 PA 17, and by adding sections 107a and 107b; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Darwin L. Booher
Chairperson
To Report Out:
Yeas: Senators Booher, O’Brien, Nofs, MacGregor, Rocca and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Banking and Financial Institutions submitted the following:
Meeting held on Tuesday, May 1, 2018, at 2:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca and Hertel
Excused: Senator Conyers
The Committee on Commerce reported
House Bill No. 5508, entitled
A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” (MCL 455.1 to 455.24) by adding section 19.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce reported
House Bill No. 5509, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 123 (MCL 450.2123), as amended by 2014 PA 557.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Commerce reported
House Bill No. 5235, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 2 (MCL 408.472).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne A. Schmidt
Chairperson
To Report Out:
Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Commerce submitted the following:
Meeting held on Wednesday, May 2, 2018, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel
COMMITTEE ATTENDANCE REPORT
The Committee on Government Operations submitted the following:
Meeting held on Tuesday, May 1, 2018, at 1:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood
COMMITTEE ATTENDANCE REPORT
The Legislative Council submitted the following:
Meeting held on Wednesday, May 2, 2018, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Meekhof (C), Ananich, Stamas, Bieda (Alternate), Horn (Alternate) and Schuitmaker (Alternate)
Excused: Senators Hood, Rocca and Schmidt
Scheduled Meetings
Commerce - Wednesday, May 9, 9:00 a.m., Room 1200, Binsfeld Office Building (373-5312)
Finance - Tuesday, May 8, 2:30 p.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 3:27 p.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, May 8, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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