No. 63

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2021

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, August 25, 2021.

 

10:00 a.m.

 

 

Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

 

 

Motions and Communications

 

 

The following communications were received and read:

Office of the Auditor General

July 28, 2021

Enclosed is a copy of the following report:

•    Single audit for the State of Michigan for the fiscal year ended September 30, 2020 (000-0100-21).

 

July 30, 2021

Enclosed is a copy of the following report:

•    Performance audit report on the Flint Emergency Expenditures, State of Michigan (000-2021-21).

 

August 12, 2021

Enclosed is a copy of the following report:

•    Financial audit including the report on internal control, compliance, and other matters of the Michigan Justice Training Fund, Michigan Commission on Law Enforcement Standards, Michigan Department of State Police, for the fiscal years ended September 30, 2020, and September 30, 2019 (551-0101-21).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit reports were referred to the Committee on Oversight.

 

 

The following communication was received and read:

Department of State

August 19, 2021

Petitions for recounting votes cast at the August 3, 2021 special primary election for the office of State Senator are filed with the Secretary of State, and copies of these petitions are required to be submitted to your office under section 879 of the Michigan Election Law, 1954 PA 116, MCL 168.879.

The deadline to file a recount petition for the 28th State Senate District, which lies within a single county, elapsed at 3:28 p.m. on August 18, 2021. Id.

Enclosed please find the recount petition filed with the Secretary of State by Kevin J. Green, a candidate for the 28th State Senate District.

                                                                                       Sincerely,

                                                                                       Lori A. Bourbonais, Director

                                                                                       Elections Administration Division

                                                                                       Michigan Bureau of Elections

PETITION FOR A RECOUNT

 

I, Kevin J. Green, the petitioner reside at 11291 Northland Drive, Rockford, Michigan 49341, petition the Kent County Board of Canvassers for a recount of the votes cast for the Special Primary Republican at the August 3, 2021 election. I have a good-faith belief, but for fraud or mistake committed by the precinct election inspectors in their canvass of returns of the votes cast at the above referenced election, I had a reasonable chance of winning the election.

I request that the following precincts and/or absent voter counting board (AVCB) precincts within the listed jurisdictions be recounted:

Precincts One (1) through Thirty (30)                   City of Wyoming Absentee Votes Only

My deposit of $3,750.00 is enclosed.

                                                                                       Kevin J. Green

 

     Subscribed and sworn to before me this                         Heidi L. McCann

     18th day of August 2021                                              Notary Public, State of Michigan

                                                                                       County of Kent

                                                                                       My Commission Expires 12-17-2023

                                                                                       Acting in the County of Kent

This petition was received by the Secretary of State on August 18, 2021, at 3:01 p.m.; and by the Secretary of the Senate on August 19, 2021, at 4:41 p.m.

The communication was referred to the Secretary for record.

 

 

The following communication was received and read:

Department of State

August 24, 2021

Attached please find the counterpetition filed by Representative Huizenga to the recount petition filed by Kevin J. Green, a candidate for the 28th State Senate District.

                                                                                       Sincerely,

                                                                                       Lori A. Bourbonais, Director

                                                                                       Elections Administration Division

                                                                                       Michigan Bureau of Elections

 

COUNTER PETITION FOR A RECOUNT

 

I, Mark E. Huizenga, the petitioner reside at 3841 Butterworth Street, S.W., Walker, Michigan 49534, petition the Kent County Board of Canvassers for a recount of the votes cast for the Special Republican Primary for the 28th Senate District at the August 3, 2021 election. I have a good-faith belief, but for fraud or mistake committed by the precinct election inspectors in their canvass of returns of the votes cast at the above referenced election, I had a reasonable chance of winning the election.

I request that the following precincts and/or absent voter counting board (AVCB) precincts within the listed jurisdictions be recounted:

Except for the 30 AVCB precincts for the City of Wyoming, all precincts (Election Day and AVCB) for the 28th Senate District. See attached for a more complete description of these 174 precincts.

My deposit of $21,750 is enclosed.

                                                                                       Mark E. Huizenga

 

     Subscribed and sworn to before me this                         Sari Ross

     23rd day of August 2021                                              Notary Public • State of Michigan

                                                                                       County of Kent

                                                                                       My Commission Expires January 17, 2024

                                                                                       Acting in the County of Kent

This counter petition was received by the Secretary of the Senate from Mark E. Huizenga on August 23, 2021, at 5:07 p.m.; and received by the Secretary of the Senate from the Secretary of State on August 24, 2021, at 12:26 p.m.

The communication was referred to the Secretary for record.

The following communication was received:

Municipal Employees’ Retirement System

July 23, 2021

Enclosed, please find a copy of the Comprehensive Annual Financial Report (CAFR) for the Municipal Employees’ Retirement System (MERS) of Michigan for the fiscal year ending December 31, 2020, pursuant to MCL 38.1536(2)(f).

MERS is an independent, non-profit professional retirement services company created to administer retirement plans for local units of government across Michigan.

MERS proudly serves more than 115,000 Michiganders, including the police officers and firefighters who keep our communities safe, and we are proud of our proven track record of working with local communities to provide sustainable benefits to retired public servants. We manage over 3,000 retirement benefit plans for more than 900 municipalities across Michigan—from the western Upper Peninsula to Wayne County—with a combined value of over $14 billion.

Our mission is to partner with those who Serve Michigan communities to provide retirement benefits and related services to support a secure retirement. We provide expertise and support to help municipalities big and small keep their retirement promises. Even faced with the unprecedented challenges of COVID-19, MERS remained focused on our mission and on helping our customers weather the storm.

There is no one-size-fits-all approach to providing a secure retirement for Michigan’s public servants, which is why we offer a broad range of flexible and customizable plans to fit different budgets and goals.

Since benefits are determined at the local level, our role as the Plan Fiduciary is to ensure that each municipality’s assets are adequate to provide for the benefits that have been promised and planned for, and that each plan is making reasonable progress to achieve full funding. In fact, the majority of our customers have taken additional steps to reduce unfunded liabilities by implementing either planned design changes or funding strategies, including over a quarter choosing to make additional payments into their plans.

MERS leadership is committed to fairness, transparency and accountability, and has a deep understanding of fiscal best practices. We work closely with municipal leaders and staff to help bring transparency and fiscal best practices to their plans.

MERS policies are in alignment with Public Act 202 of 2017 (PA 202) best practices, including conducting an actuarial experience study at least every five years, with a peer actuarial audit or rotation of actuaries at least every eight years. MERS has also led policy efforts by instituting a fixed amortization policy, developed a taxed-exempt trust to pre-fund OPB liabilities and continues to offer innovative plan designs in an effort to assist local units in addressing unfunded liability concerns while offering competitive benefits.

We are proud of the fact that the vast majority of plans have taken proactive steps to achieve full funding. We will continue to assist MERS customers with reporting for PA 202, as well as completing and implementing Corrective Action Plans (CAP), as needed.

The team at MERS is made up of top industry experts who use fiscal best practices to give members peace of mind and security in their retirement. We also stand ready to be a resource for state leaders and policymakers as they examine and address public policy affecting retirement and unfunded liability.

If you have any questions concerning this report, please contact me. The report can also be found on our website at www.mersofmich.com.

                                                                                       Sincerely,

                                                                                       Kerrie Vanden Bosch

                                                                                       Chief Executive Officer

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Sean McCann

July 28, 2021

I respectfully request that my name be added as a co-sponsor to Senate Bill 614 of 2021, introduced by Senator MacDonald.

If you have any questions, please do not hesitate to contact my office. Thank you for your attention to this matter.

                                                                                       Sincerely,

                                                                                       Sean McCann

                                                                                       State Senator

                                                                                       20th District

The communication was referred to the Secretary for record.

The following communication was received:

State 9-1-1 Committee

August 1, 2021

As the Chair of the State 911 Committee (SNC), I am pleased to present the Annual Report to the Michigan Legislature for the 2020 calendar year. Consistent with Section 412 of P.A. 32 of 1986, as amended, each year the SNC provides the Legislature with data about Michigan’s 911 systems. It is the goal of the SNC to provide the Legislature with information about 911 as required by statute, and provide additional information that is useful to you and the residents of Michigan, including an update on the steps taken to transition Michigan to Next Generation 911 (NG911).

In addition to the Annual Report to the Michigan Legislature, the SNC also has statutory duties and responsibilities regarding 911 funding and best practices for 911 systems in Michigan. This was especially challenging during the pandemic, and required a tremendous amount of flexibility to ensure local Public Safety Answering Points (PSAPs) were supported and able to maintain 24/7 operations. Throughout 2020, the SNC and the State 911 Office were committed to exploring opportunities to provide funding and certification extensions to PSAPs, as well as transitioning in-person training, compliance reviews, and meetings to a virtual setting. The State 911 Office also successfully continued its progress and implementation of a multi-phase automation project, which enhances tracking and reporting capabilities.

We continue to migrate the 911 system in Michigan to a digital NG911 system. We have provided an outline of the current status of NG911 in the Annual Report. At this time, all of Michigan, except for one county and one service district, has either signed an agreement with an IP-Network provider, began the transition, or have fully deployed to an NG911 network.

While we continue to work towards a modified version of activities, workplace rules, and social gatherings, Michigan 911 centers remain vigilant to provide the utmost service to the residents and visitors of the great State of Michigan. The SNC continues providing support and guidance to the PSAPs, as well as moving the state forward to the next level of 911 technology. The 911 community in Michigan is remarkably strong and resilient, which has never been truer than it was in 2020-2021. Please take a moment to recognize our state’s unwavering dedication to providing essential services for those who need it most, and to the progress we have made to the 911 system.

I would also like to take this opportunity to thank you for your continued support of Michigan 911.

                                                                                       Sincerely,

                                                                                       Mr. Jeff Troyer, Chair

                                                                                       State 911 Committee

The communication was referred to the Secretary for record.

 

 

The Senate Business Office submits, pursuant to rule 1.208, the following report on out-of-state travel by members on legislative business for the quarter ended June 30, 2021:

 

Senator Jim Ananich               April 23-24          Facility tour and horse                            $    469.48

                                                                            racing discussion

                                                                         Lexington, Ky.

 

 

Messages from the Governor

 

 

The following messages from the Governor were received:

Date: July 29, 2021

Time: 9:30 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 60 (Public Act No. 68), being

An act to amend 2016 PA 407, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts,” by amending section 807 (MCL 339.5807).

(Filed with the Secretary of State on July 29, 2021, at 11:04 a.m.)

Date: July 29, 2021

Time: 9:32 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 372 (Public Act No. 69), being

An act to amend 1991 PA 179, entitled “An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 309 (MCL 484.2309), as amended by 2011 PA 58.

(Filed with the Secretary of State on July 29, 2021, at 11:06 a.m.)

 

Date: July 29, 2021

Time: 9:34 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 459 (Public Act No. 70), being

An act to amend 1992 PA 147, entitled “An act to provide for the development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units,” by amending section 4 (MCL 207.774), as amended by 2014 PA 17.

(Filed with the Secretary of State on July 29, 2021, at 11:08 a.m.)

 

Date: July 29, 2021

Time: 9:36 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 507 (Public Act No. 71), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 1a, 216, 217, 226, 255, 301, 306, 306a, 309, 312f, 312k, 314, 801k, and 811 (MCL 257.1a, 257.216, 257.217, 257.226, 257.255, 257.301, 257.306, 257.306a, 257.309, 257.312f, 257.312k, 257.314, 257.801k, and 257.811), sections 216, 226, 255, 301, 306, 309, 312f, 312k, 314, and 801k as amended by 2020 PA 304, section 217 as amended by 2014 PA 290, section 306a as amended by 2020 PA 376, and section 811 as amended by 2006 PA 589, and by adding section 205a.

(Filed with the Secretary of State on July 29, 2021, at 11:10 a.m.)

 

Date: July 29, 2021

Time: 9:38 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 508 (Public Act No. 72), being

An act to amend 2008 PA 23, entitled “An act to authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties,” by amending sections 4 and 6 (MCL 28.304 and 28.306), section 4 as amended by 2020 PA 305 and section 6 as amended by 2020 PA 374.

(Filed with the Secretary of State on July 29, 2021, at 11:12 a.m.)

 

Date: July 29, 2021

Time: 9:40 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 509 (Public Act No. 73), being

An act to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2020 PA 306.

(Filed with the Secretary of State on July 29, 2021, at 11:14 a.m.)

                                                                                          Respectfully,

                                                                                          Gretchen Whitmer

                                                                                          Governor

 

 

The following message from the Governor was received on August 2, 2021, and read:

 

EXECUTIVE ORDER

No. 2021-9

 

Declaration of State of Emergency

 

On July 7, 2021, an intense line of thunderstorms with high winds struck the southwest area of Oakland County and traveled through southern Macomb County. The cities of Farmington, Farmington Hills, and Southfield sustained flooding and a large number of downed trees and electrical lines across homes, businesses, and roadways, resulting in extensive power outages, blocked roadways, and damage to public and private property and infrastructure.

In response, on July 8 and 9, 2021, the cities of Farmington, Farmington Hills, and Southfield each declared local states of emergency, and local disaster response and recovery operations were activated. Despite these efforts, local resources have proven insufficient to cope with the situation. State assistance and other outside resources are necessary to effectively respond to and recover from the impacts of this emergency, protect public health, safety, and property, and lessen or avert the threat of more severe and lasting harm.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”

Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, I find it reasonable and necessary to order the following:

1.  A state of emergency is declared for the cities of Farmington, Farmington Hills, and Southfield.

2.  The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts and may call upon all state departments to use available resources to assist in the designated area pursuant to the Michigan Emergency Management Plan.

3.  The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than August 30, 2021 unless extended as provided by the Emergency Management Act.

 

Date: August 2, 2021

Time: 11:30 a.m.

                                                                                       Gretchen Whitmer

[SEAL]                                                                           Governor

 

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

The executive order was referred to the Committee on Government Operations.

The following message from the Governor was received on August 5, 2021, and read:

 

EXECUTIVE ORDER

No. 2021-10

 

Declaration of State of Emergency

 

On July 24, 2021, severe thunderstorms developed across the state, producing high winds, heavy rains, and in some areas, tornadoes. The National Weather Service confirmed that around 8:00 PM an EF-1 tornado with peak winds of 105 mph struck Armada Township and the Village of Armada in Macomb County. Around the same time, another EF-1 tornado with peak winds of 100 mph struck White Lake Township in Oakland County. These areas saw concentrated damage to homes, businesses, and public infrastructure, downed power lines, destroyed trees, and scattered debris. Residents experienced sustained power outages, road closures, delayed emergency vehicle response times, and other safety hazards.

In response, Armada Township, the Village of Armada, Macomb County, and White Lake Township declared local states of emergency, and local disaster response and recovery operations were activated. Despite these efforts, local resources have proven insufficient to address the situation. State assistance and other outside resources are necessary to effectively respond to and recover from the impacts of this emergency, protect public health, safety, and property, and lessen or avert the threat of more severe and lasting harm.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”

Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, I find it reasonable and necessary to order the following:

1.  A state of emergency is declared for Armada Township, the Village of Armada, and White Lake Township.

2.  The Emergency Management and Homeland Security Division of the Department of State Police must coordinate and maximize all state efforts and may call upon all state departments to use available resources to assist in the designated areas pursuant to the Michigan Emergency Management Plan.

3.  The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than September 2, 2021 unless extended as provided by the Emergency Management Act.

 

Date: August 5, 2021

Time: 10:15 a.m.

                                                                                       Gretchen Whitmer

[SEAL]                                                                           Governor

 

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

The executive order was referred to the Committee on Government Operations.

 

 

The following message from the Governor was received on August 6, 2021, and read:

 

EXECUTIVE ORDER

No. 2021-11

 

Declaration of State of Emergency

 

On August 5, 2021 a fire began around 2 p.m. CST at Superior Cedar Products, Inc. in Nadeau Township, county of Menominee, near the Michigan/Wisconsin border. The fire quickly escalated and has claimed one fatality. More than 100 firefighters throughout the region responded to the out-of-control blaze. Although firefighters have now established a perimeter and contained the blaze, it remains active and this emergency will demand an ongoing response for many hours.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”

Moreover, under the Interstate Emergency Management Assistance Compact, 2001 PA 247, as amended, MCL 3.991, and 2001 PA 248, as amended, MCL 3.1001, the State of Michigan may request mutual aid from another member state upon declaration of a state of emergency by the governor.

Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, and the Interstate Emergency Management Assistance Compact, 2001 PA 247, as amended, MCL 3.991 to 3.994, and 2001 PA 248, as amended, MCL 3.1001 to 3.1004, I find it reasonable and necessary to order the following:

1.  A state of emergency is declared for the county of Menominee.

2.  The Emergency Management and Homeland Security Division of the Department of State Police must coordinate and maximize all state efforts and may call upon all state departments and other member states of the Interstate Emergency Management Assistance Compact to use available resources to assist in the designated areas pursuant to the Michigan Emergency Management Plan.

3.  The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than September 2, 2021 unless extended as provided by the Emergency Management Act.

 

Date: August 5, 2021

Time: 8:32 p.m.

                                                                                       Gretchen Whitmer

[SEAL]                                                                           Governor

 

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

The executive order was referred to the Committee on Government Operations.

 

 

The following message from the Governor was received on August 24, 2021, and read:

 

EXECUTIVE ORDER

No. 2021-12

 

Declaration of State of Emergency

 

On August 11, 2021, two fast-moving storm systems swept through the lower peninsula of Michigan, bringing heavy rain and damaging winds that exceeded 60 miles an hour. The counties of Branch, St. Joseph, and Hillsdale experienced strong winds that caused significant damage to trees, property, and critical infrastructure and resulted in prolonged power outages.

In response, the counties of Branch, St. Joseph, and Hillsdale each declared local states of emergency, and local disaster response and recovery operations were activated. Despite these efforts, local resources have proven insufficient to cope with the situation. State assistance and other outside resources are necessary to respond to and recover from the impacts of this emergency; protect public health, safety, and property; and lessen or avert the threat of more severe and lasting harm.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”

Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, I find it reasonable and necessary to order the following:

1.  A state of emergency is declared for the counties of Branch, St. Joseph, and Hillsdale.

2.  The Emergency Management and Homeland Security Division of the Department of State Police must coordinate and maximize all state efforts and may call upon all state departments to use available resources to assist in the designated area under the Michigan Emergency Management Plan.

3.  The state of emergency is terminated when the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than September 20, 2021 unless extended as provided by the Emergency Management Act.

 

Date: August 23, 2021

Time: 2:35 p.m.

                                                                                       Gretchen Whitmer

[SEAL]                                                                           Governor

 

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

The executive order was referred to the Committee on Government Operations.

 

 

The following messages from the Governor were received and read:

July 30, 2021

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17903:

Michigan Athletic Trainer Board

Mrs. Kimberly M. Collier of 19648 Brandywine Street, Riverview, Michigan 48193, county of Wayne, succeeding Daniel Tinkey whose term has expired, appointed to represent athletic trainers, for a term commencing July 30, 2021 and expiring June 30, 2025.

Mr. James K. Winkler, Jr. of 5505 Jordan Street, Allendale, Michigan 49401, county of Ottawa, reappointed to represent athletic trainers, for a term commencing July 30, 2021 and expiring June 30, 2025.

 

July 30, 2021

I respectfully submit to the Senate the following appointments to office pursuant to Executive Order No. 2014-9, MCL 400.1081:

Commission on Community Action and Economic Opportunity

Miss Shamayim Harris of 24 Avalon Street, Highland Park, Michigan 48203, county of Wayne, succeeding Jessica Taylor whose term has expired, appointed to represent low-income persons, for a term commencing July 30, 2021 and expiring June 21, 2024.

Commissioner Justin D. Hodge of 1440 Andrea Street, Ypsilanti, Michigan 48198, county of Washtenaw, succeeding Bob Scolnik whose term has expired, appointed to represent elected public officials, for a term commencing July 30, 2021 and expiring June 21, 2024.

Mrs. Ashley L. Slack of 8400 Territorial Road, Watervliet, Michigan 49098, county of Berrien, succeeding Matthew Purcell whose term has expired, appointed to represent community action agencies, for a term commencing July 30, 2021 and expiring June 21, 2024.

Mr. Ravi Yalamanchi of 2042 Hickory Trail Drive, Rochester Hills, Michigan 48309, county of Oakland, succeeding Luke Shaefer whose term has expired, appointed to represent the private sector, for a term commencing July 30, 2021 and expiring June 21, 2024.

 

July 30, 2021

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 154 of 1974, MCL 408.1046:

Board of Health and Safety Compliance and Appeals

Ms. Kim Dennison of 6225 West Grand River Road, Laingsburg, Michigan 48848, county of Shiawassee, reappointed to represent labor in the health industry, for a term commencing July 30, 2021 and expiring March 18, 2025.

Mr. Todd Doenitz of 684 S. Evergreen Street, Plymouth, Michigan 48170, county of Wayne, succeeding Daniel Kazakiewicz whose term has expired, appointed to represent management in the construction industry, for a term commencing July 30, 2021 and expiring March 18, 2025.

 

July 30, 2021

I respectfully submit to the Senate the following appointments to office pursuant to Executive Reorganization Order No. 2019-03, MCL 125.1998:

Michigan Strategic Fund Board of Directors

Mr. Charles P. Rothstein of 32330 West 12 Mile Road, Farmington Hills, Michigan 48334, county of Oakland, reappointed to represent a member from the private sector with experience in private equity or venture capital investments, for a term commencing August 1, 2021 and expiring July 31, 2025.

Ms. Susan Tellier of 7060 Placid Pointe Court, S.E., Caledonia, Michigan 49316, county of Kent, reappointed to represent a member from the private sector, for a term commencing August 1, 2021 and expiring July 31, 2025.

 

July 30, 2021

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 451 of 1994, MCL 324.43532b:

Michigan Wildlife Council

Mr. Franklin Hayes of 5774 Plum Crest Drive, West Bloomfield, Michigan 48322, county of Oakland, succeeding Matt Pedigo whose term has expired, appointed to represent individuals who have purchased hunting or fishing licenses in this state on a regular basis, including at least once during each of the last 3 years, and who are recommended by a statewide sportsmen’s organization, for a term commencing July 30, 2021 and expiring March 31, 2025.

Mr. Brent Pike of 12714 Sanctuary Place, Grand Haven, Michigan 49417, county of Ottawa, succeeding Jeffrey Poet whose term has expired, appointed to represent local businesses in this state that are substantially impacted by hunting and fishing, for a term commencing July 30, 2021 and expiring March 31, 2025.

 

August 20, 2021

I respectfully submit to the Senate the following appointment to office pursuant to Executive Reorganization Order No. 2019-03, MCL 125.1998 and Article V § 3 of the Michigan Constitution of 1963:

Director of the Department of Labor and Economic Opportunity

Ms. Susan R. Corbin of 118 Rosedale Avenue, Petoskey, Michigan 49770, county of Emmet, succeeding Jeffrey M. Donofrio, appointed for a term commencing August 20, 2021 and expiring at the pleasure of the Governor.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The appointments were referred to the Committee on Advice and Consent.

 

 

The following message from the Governor was received and read:

August 11, 2021

I am writing to inform you of my withdrawal of the following appointment submitted to your office on July 22, 2021 pursuant to Public Act 227 of 1967, MCL 408.807:

Elevator Safety Board

Mr. Michael B. Sullivan of 249 Shinnecock Drive, Brighton, Michigan 48114, county of Livingston, succeeding Michael Vandervennet whose term expires July 22, 2021, appointed to represent the elevator constructors’ union, for a term commencing July 23, 2021 and expiring July 22, 2025.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

The message was referred to the Committee on Advice and Consent.

 

Pursuant to rule 3.104 the Senate proceeded to the order of

Introduction and Referral of Bills

 

Senator Horn introduced

Senate Bill No. 615, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 9 (MCL 125.2009), as amended by 2017 PA 109, and by adding chapter 8F.

The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.

 

 

Senator Victory introduced

Senate Bill No. 616, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 33 and 48 of chapter XVII (MCL 777.33 and 777.48), as amended by 2021 PA 81.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

Senator Victory introduced

Senate Bill No. 617, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 625a, 625g, and 625m (MCL 257.625, 257.625a, 257.625g, and 257.625m), as amended by 2021 PA 80.

The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.

 

 

House Bill No. 4523, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11j.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4524, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11i.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4712, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2021 PA 27.

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 Economic and Small Business Development.

 

 

House Bill No. 4719, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 316 (MCL 750.316), as amended by 2014 PA 158.

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 Judiciary and Public Safety.

 

 

House Bill No. 4837, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509o and 509r (MCL 168.509o and 168.509r), section 509o as amended by 2018 PA 126 and section 509r as amended by 2018 PA 125.

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 Elections.

 

 

House Bill No. 4838, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 668b and 795 (MCL 168.668b and 168.795), section 668b as added by 2018 PA 614 and section 795 as amended by 2018 PA 127.

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 Elections.

 

 

House Bill No. 4840, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 811 and 847 (MCL 168.811 and 168.847), section 811 as amended by 2018 PA 603 and section 847 as amended by 2012 PA 271.

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 Elections.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, August 25:

House Bill Nos.     4523   4524   4712   4719  4837   4838  4840

The Secretary announced that the following bills were printed and filed on Tuesday, July 27, and are available at the Michigan Legislature website:

Senate Bill Nos.      599    600    601    602    603    604    605    606    607    608    609    610   611       612          613          614

 

The Secretary announced that the following bills were printed and filed on Tuesday, August 17, and are available at the Michigan Legislature website:

House Bill Nos.     5253   5254   5255   5256  5257   5258   5259   5260   5261  5262   5263   5264 5265       5266        5267        5268        5269

 

The Secretary announced that the following bills were printed and filed on Wednesday, August 18, and are available at the Michigan Legislature website:

House Bill Nos.     5270   5271   5272   5273  5274   5275   5276   5277   5278  5279   5280   5281 5282       5283        5284        5285        5286

 

 

Scheduled Meetings

 

 

Senate Fiscal Agency Board of Governors Wednesday, September 15, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

 

In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:05 a.m.

 

Pursuant to House Concurrent Resolution No. 11, the Secretary of the Senate declared the Senate adjourned until Tuesday, August 31, 2021, at 10:00 a.m.

 

 

                                                                                                     MARGARET O’BRIEN

                                                                                                     Secretary of the Senate