STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Thursday, April 11, 2019.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the
Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Filler—present Kahle—present Reilly—present
Albert—present Frederick—present Kennedy—present Rendon—present
Alexander—present Garrett—present Koleszar—present Robinson—present
Allor—present Garza—present Kuppa—present Sabo—present
Anthony—present Gay-Dagnogo—present LaFave—present Schroeder—present
Bellino—present Glenn—present LaGrand—present Shannon—present
Berman—present Green—present Lasinski—present Sheppard—present
Bolden—present Greig—present Leutheuser—present Slagh—present
Bollin—present Griffin—present Liberati—present Sneller—present
Brann—present Guerra—present Lightner—present Sowerby—present
Brixie—present Haadsma—present Lilly—present Stone—present
Byrd—present Hall—present Love—present Tate—present
Calley—present Hammoud—present Lower—present VanSingel—present
Cambensy—present Hauck—present Maddock—present VanWoerkom—present
Camilleri—present Hernandez—present Manoogian—present Vaupel—present
Carter, B.—present Hertel—present Marino—present Wakeman—present
Carter, T.—present Hoadley—present Markkanen—present Warren—present
Chatfield—present Hoitenga—present Meerman—present Webber—present
Cherry—present Hood—present Miller—present Wendzel—present
Chirkun—present Hope—present Mueller—present Wentworth—present
Clemente—present Hornberger—present Neeley—present Whiteford—present
Cole—present Howell—present O’Malley—present Whitsett—present
Coleman—present Huizenga—present Pagan—present Wittenberg—present
Crawford—present Iden—present Paquette—present Witwer—present
Eisen—present Inman—present Peterson—present Wozniak—present
Elder—present Johnson,
C.—present Pohutsky—present Yancey—present
Ellison—present Johnson,
S.—present Rabhi—present Yaroch—present
Farrington—present Jones—present
e/d/s = entered during session
“Heavenly
Father, You have declared in Your Word,
‘These
are the last words of David. The utterance of David son of Jesse, the utterance
of the man set on high, the anointed of the God of Jacob, the favorite of the
songs of Israel: The Spirit of the Lord has spoken through me, His message is
on my tongue; the God of Israel has spoken, the Rock of Israel said concerning me, He who rules over men justly, He who rules in
fear of God is like the light of morning at sunrise, A morning without clouds when the tender grass springs out of the earth, through
sunshine after rain.’ (2 Sam. 23:1-4)
Father,
may it ever be so with the House of Representatives of this State. Grant that
these Legislators might rule over men justly, bearing in mind Your perfect and
holy decrees, that they might govern in the fear of You, for You rule and reign
over all.
Your
Word tells us, O Lord, that the authorities that exist have been established by
You, and You direct us to pray for all those who are in authority, that we
might live peaceful and quiet lives in all godliness and dignity. Therefore we
praise and thank You for these men and women who have been duly elected to this
office; and we remember them before You this day, commending them into Your
gracious and loving care….Asking that their ears might be opened to hear Your
Word…Praying that You would grant them willing hearts to sustain them in
passing laws that are in accordance with it. Guard these men and women, Lord. Guard
their going out and their coming in both this time forth, and forever more. All
these things we ask in the Name of our Lord and Savior Christ Jesus Christ,
Amen.”
______
The
Speaker called the Speaker Pro Tempore to the Chair.
Motions and Resolutions
House Resolution No. 63.
A
resolution to recognize the historic, cultural and religious significance of
the festival of Vaisakhi and to declare April 14, 2019, as Vaisakhi Day in the
state of Michigan.
Whereas,
The Vaisakhi festival has been celebrated in the Punjab region of South Asia
for centuries and today is also celebrated in communities throughout India, in
the United States, and in Michigan; and
Whereas,
Vaisakhi is an annual festival celebrating the spring harvest season; and
Whereas,
The Vaisakhi Mela Celebration in southeast Michigan attracts hundreds of
attendees from across the state; and
Whereas,
Vaisakhi is of particular significance to the Sikh religion and is one of the
most important dates in Sikh history. For Sikhs, Vaisakhi commemorates the
creation of the Khalsa, a fellowship of devout Sikhs, by Guru Gobind Singh in
1699; and
Whereas,
In Michigan, there are at least 11 Sikh societies and Gurdwaras throughout
Michigan. The Sikh Society in Michigan has been recognized since 2003 and is
the first established Gurdwara Sahib in Michigan. Vaisakhi is an important
religious festival for Sikhs in Michigan and around the world; and
Whereas,
Vaisakhi is a long-established harvest festival in the Punjab and has a long
celebration history in the Sikh religion; now, therefore, be it
Resolved
by the House of Representatives, That the members of this legislative body
recognize the historic, cultural and religious significance of the festival of
Vaisakhi and declare April 14, 2019, as Vaisakhi Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Pohutsky, Calley, Chirkun, Clemente, Crawford, Elder, Haadsma,
Hertel, Hope, Jones, Kuppa, Lasinski, Liberati, Manoogian, Pagan, Rabhi, Rendon,
Sabo, Shannon, Sneller, Sowerby, Stone, Warren, Whitsett and Wittenberg offered
the following resolution:
House Resolution No. 64.
A
resolution to declare April 2019 as Sexual Assault Awareness Month in the state
of Michigan.
Whereas,
Sexual Assault Awareness Month calls attention to the fact that sexual violence
is widespread and impacts women, children, and men of all racial, cultural, and
economic backgrounds; and
Whereas, The term sexual assault refers to sexual contact or behavior
that occurs without explicit consent of the victim; and
Whereas, According to the National Institute of Justice & Centers
for Disease Control & Prevention’s Prevalence, Incidence and Consequences
of Violence Against Women Survey, one out of every six American women has been
the victim of an attempted or completed rape in her lifetime and approximately
3 percent of American men or 1 in 33, have experienced an attempted or
completed rape in their lifetime; and
Whereas, Child sexual abuse prevention must be a priority to confront
the reality. From 2009-2013, Child Protective Services agencies substantiated,
or found strong evidence to indicate that, 63,000 children a year were victims
of sexual abuse and a majority of child victims are ages 12-17. Of victims
under the age of 18, 34 percent of victims of sexual assault and rape are under
the age of 12 and 66 percent of victims of sexual assault and rape are ages
12-17; and
Whereas, Michigan State Police statistics indicate that 11,873 sexual
assault related offences were reported to law enforcement in 2013; and
Whereas, Sexual violence can deeply and enduringly impact survivors on psychological,
emotional, and social levels. Ninety-four percent of women who are raped
experience posttraumatic stress disorder (PTSD) symptoms during the two weeks
following the rape and approximately 70 percent of rape or sexual assault
victims experience moderate to severe distress, a larger percentage than for
any other violent crime studied in the National Crime Victimization Survey by
the Bureau of Justice Statistics. Access to informed and supportive services
can greatly increase survivors’ ability to heal from sexual assault; and
Whereas, Sexual violence is an intolerable violent crime with public
health implications for every person in Michigan. Our state and individual
communities must be committed to hold sexual assault perpetrators accountable for
their heinous crimes; and
Whereas, When we actively increase education, awareness, and community
involvement, we can help prevent sexual violence and create a safer environment
for everyone. We must work together to educate our entire population about what
can be done to prevent sexual assault, support survivors, and ensure that
survivors are not re-victimized; now, therefore, be it
Resolved by the House of Representatives, That the
members of this legislative body declare April 2019 as Sexual Assault Awareness
Month in the state of Michigan. We strongly support the efforts of national,
state, and local partners, and of every citizen, to actively engage in public
and private efforts to prevent sexual violence and will take appropriate action
and support one another to create a safer environment for all.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Cole moved that Rule 71 be
suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members
present voting therefor.
Reps. Iden, Chirkun, Crawford, Elder, Haadsma, Hertel, Hope, Jones,
Lasinski, Liberati, Manoogian, Pagan, Rendon, Shannon, Sneller, Stone, Warren,
Whitsett and Wittenberg offered the following resolution:
House Resolution No. 65.
A resolution to declare April 11, 2019, as Chaldean American Day in the
state of Michigan.
Whereas, Approximately 160,000 Chaldeans reside in Michigan, the largest
population outside of the Middle East; and
Whereas, The Chaldean population began immigrating to America during the
1920’s for better economic, religious, and
political freedom, bringing with them a strong work ethic which continues to
positively add to the growth of Michigan through the establishment of 20,000
Chaldean-owned businesses throughout Michigan; and
Whereas, The Chaldean community has undoubtedly proven their diligent
business skills and entrepreneurial spirit with nearly two-thirds of Chaldean
American households owning at least one business and 39 percent owning two or
more businesses; and
Whereas, The Chaldean community contributes an
estimated eleven billion annually to Michigan’s economy; and
Whereas, The Chaldean American Chamber of Commerce currently has 985
members that represent more than four thousand businesses with goals of
building community ties, ensuring membership value and advocacy for the benefit
of Chaldean people; and
Whereas, The Chaldean Community Foundation has promoted steady
population growth by providing services to the newly arrived Iraqi Chaldean
refugees in efforts to help refugees become contributing members to Michigan
through assistance with housing, job placement, language development, and
social and government program directives; now, therefore, be it
Resolved by the House of Representatives, That the
members of this legislative body declare April 11, 2019, as Chaldean American
Day in the state of Michigan. We acknowledge the contributions of this
innovative and entrepreneurial community as an important part of Michigan’s
diverse history; and be it further
Resolved, That a copy of this resolution be sent to the Chaldean
American Chamber of Commerce and Chaldean Community Foundation as evidence of
our highest esteem.
The question being on the adoption of the resolution,
The resolution was adopted.
House Concurrent Resolution No.
6.
A
concurrent resolution to urge the Attorney General to reverse her opinion on
the constitutionality of Public Act 359 of 2018 and urge the Governor to follow
the law as enacted and proceed with the Mackinac
Straits Utility Corridor.
Whereas,
The Enbridge Line 5 pipeline is critical infrastructure for the state of
Michigan. Residents in the Upper Peninsula
rely on the Enbridge Line 5 pipeline to heat their homes and support the local
economy; and
Whereas,
The Great Lakes are vitally important for Michigan’s economy and way of life.
Pristine water is important not only for public health but also for
agriculture, commercial and sport fishing, boating, recreation, and tourism in
Michigan and throughout the region; and
Whereas;
The age of the existing pipeline has pushed the state to look for a long-term
solution that will allow for the continued delivery of fuel while also
protecting the Great Lakes far into the future. Numerous studies and
negotiations resulted in the state and Enbridge agreeing that a tunnel beneath
the Straits of Mackinac was the best solution for all parties; and
Whereas, The Legislature passed and former Governor Rick
Snyder signed into law Public Act 359 of 2018 to implement this agreement on
December 11, 2018. Public Act 359 established the Mackinac Straits Corridor Authority and authorized it to “acquire, construct,
operate, maintain, improve, repair, and manage a utility tunnel”; and
Whereas,
The Mackinac Straits Corridor Authority approved the construction of a utility
tunnel on December 19, 2018, in conjunction
with the agreements between the state and Enbridge. The construction of the multi-use
utility tunnel beneath the Straits of Mackinac—the Mackinac Straits Utility
Corridor—will allow for the
replacement of a segment of the Line 5 pipeline that currently sits on the bottom
of the Mackinac Straits; and
Whereas,
On January 1, 2019, Governor Gretchen Whitmer sought the opinion of Attorney
General Dana Nessel on several questions of law
related to Public Act 359 of 2018; and
Whereas,
On March 28, 2019, Attorney General Nessel issued
Opinion No. 7309, finding, in part, that Section 14d(1), (4), and (5) of Public
Act 359 of 2018 violate Article IV, Section 24 of the Constitution of the State of Michigan of 1963 and cannot be severed
from the remainder of the act; and
Whereas,
In response to Opinion No. 7309, Governor Whitmer issued Executive Directive
No. 2019-13, directing, in part, that state departments and autonomous agencies
“shall not take any action authorized by, in furtherance of, or dependent upon
Act 359”; and
Whereas,
The Attorney General’s opinion comes to legally questionable conclusions and is
not in the best interests of the people of Michigan. The Mackinac Straits
Utility Corridor is vital for the health and well-being of the people of this
state and taking steps to block its construction will put the safety and
security of the residents of the Upper Peninsula in jeopardy; and
Whereas,
The Governor is responsible for ensuring that the laws of this state are
faithfully executed. Directing state departments and agencies to not carry out
Public Act 359 is not in keeping with that duty given the likelihood that the
courts of this state would come to a different conclusion than the Attorney
General regarding the constitutionality of Public Act 359; now, therefore, be
it
Resolved
by the House of Representatives (the Senate concurring), That we urge the
Attorney General to reverse her opinion on the constitutionality of Public Act
359 of 2018 and urge the Governor to follow the law as
enacted and proceed with the Mackinac Straits Utility Corridor; and be it
further
Resolved,
That copies of this resolution be transmitted to the Governor and Attorney
General.
The concurrent resolution was referred to the Committee on Government
Operations.
Third Reading of Bills
House Bill No. 4121, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by
amending section 78q (MCL 211.78q), as amended by 2016 PA 518.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays as follows:
Roll Call No. 45 Yeas—110
Afendoulis Filler Kahle Reilly
Albert Frederick Kennedy Rendon
Alexander Garrett Koleszar Robinson
Allor Garza Kuppa Sabo
Anthony Gay-Dagnogo LaFave Schroeder
Bellino Glenn LaGrand Shannon
Berman Green Lasinski Sheppard
Bolden Greig Leutheuser Slagh
Bollin Griffin Liberati Sneller
Brann Guerra Lightner Sowerby
Brixie Haadsma Lilly Stone
Byrd Hall Love Tate
Calley Hammoud Lower VanSingel
Cambensy Hauck Maddock VanWoerkom
Camilleri Hernandez Manoogian Vaupel
Carter, B. Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley Whiteford
Cole Howell O’Malley Whitsett
Coleman Huizenga Pagan Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson,
C. Pohutsky Yancey
Ellison Johnson,
S. Rabhi Yaroch
Farrington Jones
Nays—0
In The
Chair: Wentworth
The House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4224, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 7104 (MCL 333.7104), as amended by 2001 PA 233.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays as follows:
Roll Call No. 46 Yeas—110
Afendoulis Filler Kahle Reilly
Albert Frederick Kennedy Rendon
Alexander Garrett Koleszar Robinson
Allor Garza Kuppa Sabo
Anthony Gay-Dagnogo LaFave Schroeder
Bellino Glenn LaGrand Shannon
Berman Green Lasinski Sheppard
Bolden Greig Leutheuser Slagh
Bollin Griffin Liberati Sneller
Brann Guerra Lightner Sowerby
Brixie Haadsma Lilly Stone
Byrd Hall Love Tate
Calley Hammoud Lower VanSingel
Cambensy Hauck Maddock VanWoerkom
Camilleri Hernandez Manoogian Vaupel
Carter, B. Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley Whiteford
Cole Howell O’Malley Whitsett
Coleman Huizenga Pagan Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson,
C. Pohutsky Yancey
Ellison Johnson,
S. Rabhi Yaroch
Farrington Jones
Nays—0
In The
Chair: Wentworth
The House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4225, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 7303a (MCL 333.7303a), as amended by 2018 PA 101.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays as follows:
Roll Call No. 47 Yeas—110
Afendoulis Filler Kahle Reilly
Albert Frederick Kennedy Rendon
Alexander Garrett Koleszar Robinson
Allor Garza Kuppa Sabo
Anthony Gay-Dagnogo LaFave Schroeder
Bellino Glenn LaGrand Shannon
Berman Green Lasinski Sheppard
Bolden Greig Leutheuser Slagh
Bollin Griffin Liberati Sneller
Brann Guerra Lightner Sowerby
Brixie Haadsma Lilly Stone
Byrd Hall Love Tate
Calley Hammoud Lower VanSingel
Cambensy Hauck Maddock VanWoerkom
Camilleri Hernandez Manoogian Vaupel
Carter, B. Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley Whiteford
Cole Howell O’Malley Whitsett
Coleman Huizenga Pagan Wittenberg
Crawford Iden Paquette Witwer
Eisen Inman Peterson Wozniak
Elder Johnson,
C. Pohutsky Yancey
Ellison Johnson,
S. Rabhi Yaroch
Farrington Jones
Nays—0
In The
Chair: Wentworth
The House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 203, entitled
A bill to amend 2016 PA 281, entitled “Medical
marihuana facilities licensing act,” by amending section 102 (MCL 333.27102), as amended by 2018 PA 648.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays as follows:
Roll Call No. 48 Yeas—109
Afendoulis Frederick Kahle Reilly
Alexander Garrett Kennedy Rendon
Allor Garza Koleszar Robinson
Anthony Gay-Dagnogo Kuppa Sabo
Bellino Glenn LaFave Schroeder
Berman Green LaGrand Shannon
Bolden Greig Lasinski Sheppard
Bollin Griffin Leutheuser Slagh
Brann Guerra Liberati Sneller
Brixie Haadsma Lightner Sowerby
Byrd Hall Lilly Stone
Calley Hammoud Love Tate
Cambensy Hauck Lower VanSingel
Camilleri Hernandez Maddock VanWoerkom
Carter, B. Hertel Manoogian Vaupel
Carter, T. Hoadley Marino Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley Whiteford
Coleman Huizenga O’Malley Whitsett
Crawford Iden Pagan Wittenberg
Eisen Inman Paquette Witwer
Elder Johnson,
C. Peterson Wozniak
Ellison Johnson,
S. Pohutsky Yancey
Farrington Jones Rabhi Yaroch
Filler
Nays—1
Albert
In The
Chair: Wentworth
Pursuant to
Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to
license and regulate medical marihuana growers, processors, provisioning
centers, secure transporters, and safety compliance facilities; to allow
certain licensees to process, test, or sell industrial hemp; to provide for the
powers and duties of certain state and local governmental officers and
entities; to create a medical marihuana licensing board; to provide for
interaction with the statewide monitoring system for commercial marihuana
transactions; to create an advisory panel; to provide immunity from prosecution
for marihuana-related offenses for persons engaging in certain activities in
compliance with this act; to prescribe civil fines and sanctions and provide
remedies; to provide for forfeiture of contraband; to provide for taxes, fees,
and assessments; and to require the promulgation of rules”
The House
agreed to the full title.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
A bill to amend 1974 PA 258, entitled “Mental
health code,” (MCL 330.1001 to 330.2106) by adding section 165.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-2) previously
recommended by the Committee on Ways and Means,
The
substitute (H-2) was adopted, a majority of the members serving voting
therefor.
Rep.
Whiteford moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House
Bill No. 4156, entitled
A bill to amend 1943 PA 240, entitled “State
employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by
2018 PA 357.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-5) previously
recommended by the Committee on Ways and Means,
The
substitute (H-5) was adopted, a majority of the members serving voting
therefor.
Rep.
Vaupel moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Cole moved that House
Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By
unanimous consent the House returned to the order of
Announcement
by the Clerk of Printing and Enrollment
The Clerk announced that the
following bills had been reproduced and made available electronically on
Wednesday, April 10:
House Bill Nos. 4441 4442 4443 4444 4445 4446
The
Clerk announced that the following bills had been reproduced and made available
electronically on Thursday, April 11:
Senate Bill Nos. 258 259 260 261 262 263 264 265
Reports of Select Committees
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Wentworth, Chair, of the Committee on
Select Committee on Reducing Car Insurance Rates, was received and read:
Meeting
held on: Wednesday, April 10, 2019
Present:
Reps. Wentworth, Rendon, Frederick, LaFave, Afendoulis, Lasinski, Sabo, Bolden
and Whitsett
Reports of Standing Committees
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Marino, Chair, of the Committee on Commerce
and Tourism, was received and read:
Meeting
held on: Wednesday, April 10, 2019
Present:
Reps. Marino, Wendzel, Reilly, Meerman, Schroeder, Wakeman, Cambensy,
Camilleri, Hope, Manoogian and Robinson
COMMITTEE
ATTENDANCE REPORT
The following report, submitted by Rep. Hall, Chair, of
the Committee on Oversight, was received and read:
Meeting
held on: Thursday, April 11, 2019
Present: Reps. Hall, Reilly, Webber, Steven Johnson,
LaFave, Schroeder, Cynthia Johnson, Camilleri and LaGrand
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Vaupel, Chair, of the Committee on Health Policy,
was received and read:
Meeting
held on: Thursday, April 11, 2019
Present:
Reps. Vaupel, Frederick, Alexander, Calley, Hornberger, Lower, Whiteford,
Afendoulis, Filler, Mueller, Wozniak, Liberati, Garrett, Clemente, Ellison,
Koleszar, Pohutsky, Stone and Witwer
Messages from the Governor
The
following message from the Governor was received April 11, 2019 and read:
EXECUTIVE
ORDER
No.
2019-9
The
Governor’s Educator Advisory Council
Department
of Education
A robust and effective public
education system is critical to the well-being and success of this state, its
residents, and its economy.
The educators who work in the
state’s public education system, and whose diligence and dedication make the
system run every day, are uniquely qualified to provide insight and guidance
regarding the system’s effectiveness and improvement.
Section 1 of article 5 of the
Michigan Constitution of 1963 vests the executive power of the State of
Michigan in the governor.
Section 8 of article 5 of the
Michigan Constitution of 1963 obligates the governor to take care that the laws
be faithfully executed.
Acting pursuant to the Michigan
Constitution of 1963 and Michigan law, I order the following:
1.
Creating the Governor’s Educator Advisory Council
(a)
The Governor’s Educator Advisory Council (“Council”) is created as an advisory
body within the Department of Education (“Department”).
(b)
The Council shall consist of 15 voting members appointed by the governor and
shall include individuals representing various roles in Michigan’s public
education system, such as teachers, administrators, counselors, specialists,
and support staff.
(c)
One of these 15 voting members appointed by the governor shall be the Michigan
Teacher of the Year.
(d)
Of the members of the Council initially appointed by the governor under section
1(b), 4 members shall be appointed for a term of 4 years; 4 members shall be
appointed for a term of 3 years; 3 members shall be appointed for a term of 2
years; and 3 members shall be appointed for a term of 1 year. After these
initial appointments, members shall be appointed for a term of 4 years. The
member of the Council appointed by the governor under 1(c) shall serve a term
of 1 year beginning on September 1 of the year in which the award was
announced.
(e)
A vacancy on the Council created other than by the expiration of the term of a
member of the Council shall be filled in the same manner as the original
appointment, for the remainder of the unexpired term. A member of the Council
may be reappointed for additional terms.
2.
Charge to the Council
(a)
The Council shall act in an advisory capacity to the governor.
(b)
The Council shall review and make recommendations regarding legislation
relevant to this state’s public education system.
(c)
In addition, the Council shall do the following at the governor’s request:
(1)
Identify and analyze issues impacting the effectiveness of Michigan’s public
education system;
(2)
Identify best practices in public education
and recommend corresponding changes and improvements to Michigan’s
public education system; and
(3)
Provide other information or advice relevant to public education.
3.
Operations of the Council
(a)
The Department shall assist the Council in the performance of its duties and
provide personnel to staff the Council. The
budgeting, procurement, and related management functions of the Council shall
be performed under the direction and
supervision of the superintendent of public instruction (“Superintendent”).
(b)
The Council shall adopt procedures, consistent with this order and applicable
law, governing its organization and operations.
(c)
The Council shall comply with the Freedom of Information Act, 1976 PA 442, as
amended, MCL 15.231 to 15.246.
(d)
The Council shall comply with the Open
Meetings Act, 1976 PA 267, as amended, MCL 16.261 to 15.275.
(e)
The governor shall designate the chairperson or co-chairpersons of the Council.
(f)
The Council may select from among its members a vice chairperson.
(g)
The Council shall meet at the call of its chairperson(s) and as otherwise
provided in the procedures adopted by the Council.
(h)
A majority of the members of the Council serving constitutes a quorum for the
transaction of the business of the Council. The Council must act by a majority
vote of its serving members.
(i) The Council may establish advisory workgroups composed
of individuals or entities participating in Council activities or other members
of the public as deemed necessary by the Council to assist it in performing its duties and responsibilities. The
Council may adopt, reject, or modify any recommendations proposed by an
advisory workgroup.
(j)
The Council may, as appropriate, make inquiries, studies, and investigations,
hold hearings, and receive comments from the public. The Council also may
consult with outside experts in order to perform its duties, including experts
in the private sector, organized labor, government agencies, and at
institutions of higher education.
(k)
The Council may hire or retain contractors, sub-contractors, advisors,
consultants, and agents, and may make and enter into contracts necessary or
incidental to the exercise of the powers of the Council and the performance of
its duties as the Superintendent deems advisable and necessary, consistent with
this order and applicable law, rules and procedures, subject to available
funding.
(l)
The Council may accept donations of labor, services, or other things of value
from any public or private agency or person. Any donations shall be received
and used in accordance with law.
(m)
Members of the Council shall serve without compensation. Members of the Council
may receive reimbursement for necessary travel and expenses consistent with
applicable law, rules, and procedures, subject to available funding.
(n)
Members of the Council shall refer all legal, legislative, and media contacts
to the Executive Office of the Governor.
4.
Implementation
(a)
All departments, committees, commissioners, or officers of this state shall
give to the Council, or to any member or representative of the Council, any
necessary assistance required by the Council, or any member or representative
of the Council, in the performance of the duties of the Council so far as is
compatible with their duties and consistent with this order and applicable law.
Free access also must be given to any books, records, or documents in their
custody relating to matters within the scope of inquiry, study, or review of
the Council, consistent with applicable law.
(b)
Nothing in this order shall be construed to diminish the constitutional
authority of the State Board of Education pursuant to section 3 of article 8 of
the Michigan Constitution of 1963.
(c)
This order is not intended to abate a proceeding commenced by, against, or
before an officer or entity affected by this order. A proceeding may be
maintained by, against, or before the successor of any officer or entity
affected by this order.
(d)
If any portion of this order is found to be unenforceable, the unenforceable
provision should be disregarded and the rest of the order should remain in
effect as issued.
(e)
This order is effective upon filing.
Given under my hand and the great
seal of the State of Michigan.
Dated: April 11, 2019
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor
JOCELYN
BENSON
SECRETARY
OF STATE
The
message was referred to the Clerk.
Introduction of Bills
Reps. Albert and Howell introduced
House Bill No. 4447, entitled
A bill to amend 2017 PA 202, entitled “Protecting
local government retirement and benefits act,” by amending section 3 (MCL
38.2803) and by adding sections 11 and 11a.
The bill was read a first time by its title
and referred to the Committee on Local Government and Municipal Finance.
Reps. Howell and Albert introduced
House Bill No. 4448, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate,
and add to the laws relating to the establishment, opening, discontinuing,
vacating, closing, altering, improvement, maintenance, and use of the public
highways and private roads; the condemnation of property and gravel therefor;
the building, repairing and preservation of bridges; maintaining public access
to waterways under certain conditions; setting and protecting shade trees,
drainage, and cutting weeds and brush within this state; providing for the
election or appointment and defining the powers, duties, and compensation of
state, county, township, and district highway officials; and to prescribe
penalties and provide remedies,” by amending section 20b of chapter IV (MCL
224.20b).
The bill was read a first time by its title and referred to the
Committee on Local Government and Municipal Finance.
Reps. Griffin, Wentworth,
Frederick, Wittenberg, Ellison, Lasinski, Kennedy, Brenda Carter, Gay‑Dagnogo, Hauck, Sneller, Warren, Coleman
and Hoitenga introduced
House Bill No. 4449, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as amended
by 2014 PA 263.
The bill was read a first time by its title
and referred to the Committee on Insurance.
Rep. Steven Johnson introduced
House Bill No. 4450, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 7201 (MCL 333.7201), as amended by 2012 PA
182.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
Reps. Calley, Markkanen, Sabo, Brixie, Kuppa
and Yancey introduced
House Bill No. 4451, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 4452, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 606 (MCL 600.606), as amended by
1996 PA 260.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Koleszar, Pagan, Sowerby, Camilleri and
Gay-Dagnogo introduced
House Bill No. 4453, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 5529, 5530,
5531, 11546, and 11549 (MCL 324.5529, 324.5530, 324.5531, 324.11546, and
324.11549), section 11546 as amended by 2006 PA 56 and section 11549 as amended
by 2006 PA 58.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Cynthia Johnson, Neeley, Kennedy, Hood,
Ellison, Cambensy, Elder, Hope, Vaupel, O’Malley, Shannon, Tyrone Carter,
Camilleri, Garrett, Byrd, Coleman, Haadsma, Robinson, Sneller, Cherry, Hertel,
Yancey, Kuppa, LaGrand, Brixie, Hammoud, Peterson, Tate, Sowerby, Rabhi and
Bolden introduced
House Bill No. 4454, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 8905a (MCL
324.8905a), as amended by 2014 PA 549.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Announcements by the Clerk
April
10, 2019
Received from the Auditor General a
copy of the:
· Performance
audit report on the Michigan National Guard State Tuition Assistance Program,
Department of Military and Veterans Affairs (511-0400-18), April 2019.
Gary
L. Randall
Clerk
of the House
______
Rep. Neeley moved that the House adjourn.
The motion prevailed, the time being 1:10 p.m.
The
Speaker Pro Tempore declared the House adjourned until Tuesday, April 16, at
1:30 p.m.
GARY L.
RANDALL
Clerk
of the House of Representatives