STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, April 30, 2019.
10:00 a.m.
The Senate was called to order by the
President, Lieutenant Governor Garlin D. Gilchrist II.
The roll was called by the Secretary of the
Senate, who announced that a quorum was present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator
Rosemary Bayer of the 12th District offered the following invocation:
Please join me today in being grateful for so many things: the
opportunity to be of service, to be able to do good work for many people, and
to live comfortably with people we care about nearby.
When my recent crisis hit, I felt, as so many do, alone. My whole world
had become my problem in me. I’ve learned that that’s pretty selfish. Gratitude
is really a form of humility and kindness. Admitting that you need help and
letting people in to help, including you, is important for all of us. I know
how I feel when I get to help someone, and many people have said thanks to me
for letting them in to help me out. Truly, this has taught me how it feels to
experience gratitude in a more meaningful way, to come back to the positive
when things feel utterly bleak, and opening my mind to creativity and the
wonderfulness that is service to others. As we practice gratitude, we know that
it brings love and joy and happiness to our lives and spreads that positivity
to all those around us.
I’ll close this by thanking you and the many others who have been
helping me through this journey and by giving you this moment of silence for
you to be thankful for something in your own lives, knowing that gratitude will
help us all in this day of service.
Thank you.
The President, Lieutenant Governor Gilchrist, led
the members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
Chang moved that Senator Ananich be temporarily excused from today’s session.
The motion prevailed.
The
following communication was received:
Office of Senator Rosemary Bayer
April 18, 2019
Per Senate Rule 1.110(c), I am requesting that my name be added as a
co-sponsor to the following bills:
• Senate Bill 245 introduced by Senator
McBroom on March 21, 2019.
• Senate Bill 246 introduced by Senator
Hollier on March 21, 2019.
• Senate Bill 250 introduced by Senator
Alexander on April 9, 2019.
Sincerely,
Rosemary
Bayer
12th
Senate District
State
Senator
The communication was referred to the Secretary for record.
The motion prevailed, a majority of the
members serving voting therefor.
The motion prevailed.
Senator
Shirkey’s statement is as follows:
Mr. President, I’d like to ask you and my colleagues in the chamber to
join me today in a farewell address to one of our Sergeants whom we all know
and love dearly. Phil Nardone—I always thought it was Nardone but it’s actually
Nardone—is saying goodbye today and taking his retirement to the next level.
After serving 25 years as a Lansing police officer in various capacities
with high performance, he came here four years ago and has been a greeter and a
smiling face and a jokester for all of us at one time or another. We’ve enjoyed
immensely, Phil, your presence here in the Capitol and in the Senate Chamber.
We apologize for the fact that you had to endure working under Ferland’s
direction for a few years but I’m glad that you lasted at least four years with
him and we were able to enjoy your part of that service.
Phil is always the best smiler we have, whether we’re coming in one
entrance or another, he always asks “how can I help you today” and he’s always
quick to volunteer if he sees somebody in need. Phil’s colleagues and I know
him especially because he has a very dry and unique sense of humor. I would
encourage you to press him on that for the rest of today and beyond if you want
to get a sense of that from him because it’s rather unique.
Phil has always had a great passion for hockey. Even at his terrifically
advanced age, he continues to enjoy scooting himself around on the ice and
playing hockey—I’m sure I’m going to pay for this—and even doing some
refereeing on occasion which is the reason why he has such a svelte
physique—that’s not in the script here. Hockey is in his blood so much that sometimes
he is mistaken for Detroit Red Wings Hall-of-Fame center Marcel Dionne, and it
is legend that suggests he may have on occasion signed an autograph as such
Hall of Famer—of course we won’t say that, it’s just legend.
He’s retiring to enjoy his, this says advanced years—I don’t even like
that word—his next years with his much younger wife Mindy and their three
daughters. I think Amanda is here today; Amanda, can you wave? Thank you Amanda
for being here, and Zach, Alyssa’s fiancé, is also here; Zach, thank you for
being here. Please join me in thanking Phil and giving him a sendoff to enjoy
his next advanced years. Thank you, Phil, for your service.
By
unanimous consent the Senate proceeded to the order of
Resolutions
Senate Concurrent Resolution No.
7
The motion prevailed, a majority of the members serving voting therefor.
Senator
Shirkey offered the following concurrent resolution:
Senate Concurrent Resolution No.
7.
A
concurrent resolution of tribute offered as a memorial for William Broomfield,
former member of the Michigan House of Representatives and Senate and the
United States House of Representatives.
Whereas,
It was with great sorrow that the members of the Michigan Legislature learned
about the passing of William Broomfield. He will be remembered as a dedicated
public servant by his constituents in southeast Michigan and the people of the
state of Michigan; and
Whereas, Born and raised in Royal Oak, William
Broomfield attended Michigan State College and served in the U.S. Army Air
Corps during the Second World War before starting his career in real estate and
property management; and
Whereas,
William Broomfield was first elected to the House of Representatives in 1948 to
represent the Fourth House District of Oakland County. During his third term,
he served as Speaker Pro Tempore in the House, the youngest to serve in that
position at the time. In 1954, William Broomfield was elected to the Senate
where he served one term. In his district he was known as “Bill,” and his
reputation was that of a decent, soft-spoken, behind-the-scenes legislator who
worked hard to make his constituents proud; and
Whereas,
William Broomfield had strong principles that guided his time as a public
servant. As a fiscal conservative, he believed in an efficient government that
represented the people while spending their tax dollars wisely. He introduced
bills prohibiting a public service commissioner from gaining employment with a
utility immediately following their time with the commission; he served as
chairman of the special committee investigation into a children’s institution
accused of fraud and neglect of children; and he called for and lead a special
committee investigation on gasoline-price hikes in Michigan, among his myriad
accomplishments while serving in the Michigan Legislature; and
Whereas,
William Broomfield was elected to the U.S. House of Representatives in 1956
where he served for 36 years. He spent 18 of those years as the ranking
Republican on the House Foreign Affairs Committee where he shaped foreign
policy during the Cold War through the fall of the Berlin Wall. Despite
advancing many important policies relating to world affairs, William Broomfield
believed his most important vote was for the Civil Rights Act of 1964; and
Whereas, William Broomfield has left a legacy that will
not soon be forgotten. His dedication to the people of Michigan and to the
country is admirable and remains an example for those who have followed him
into public service. May his family take some solace in his legacy and our fond
memory of him; now, therefore, be it
Resolved
by the Senate (the House of Representatives concurring), That we offer this
expression of our highest tribute to honor the memory of William Broomfield, a
member of the Michigan House of Representatives from 1949 to 1954, the Michigan
Senate from 1955 to 1956, and the United States House of Representatives from
1957 to 1992; and be it further
Resolved,
That copies of this resolution be transmitted to the Broomfield family as
evidence of our lasting esteem for his memory.
The
question being on the adoption of the concurrent resolution,
The
concurrent resolution was adopted by a unanimous standing vote of the Senate.
The motion prevailed, a majority of the members serving voting therefor.
Senator
Ananich entered the Senate Chamber.
Recess
Senator MacGregor moved that the Senate recess subject to the call of
the Chair.
The motion prevailed, the time being 10:17 a.m.
The Senate was called to order by the President pro tempore, Senator
Nesbitt.
By
unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 4206, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,”
by amending section 101 (MCL 388.1701), as amended by 2018 PA 586.
The motion prevailed, a majority of the members serving voting therefor,
and the bill was placed on the order of General Orders.
House Bill No. 4206
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Governor
The
following messages from the Governor were received and read:
April 26, 2019
I respectfully submit to the Senate the following appointments and
designation to office pursuant to Act 523 of 1980, MCL 32.1067:
Military Appeals Tribunal Chair
Ms. Deanna L. Bonner Simpson of 9565 Marina Road, South Lyon, Michigan
48178, county of Livingston, appointed for a term commencing April 26, 2019 and
expiring at the pleasure of the Governor.
Military Appeals Tribunal
Ms. Deanna L. Bonner Simpson of 9565 Marina Road, South Lyon, Michigan
48178, county of Livingston, succeeding Bradley L. Smith whose term has
expired, appointed to represent persons licensed to practice law in this state
for a term commencing April 26, 2019 and expiring April 16, 2023.
Captain Terrence P. Bronson of 442 Borgess Avenue, Monroe, Michigan
48162, county of Monroe, succeeding Robert C. Gardella whose term has expired,
appointed to represent persons licensed to practice law in this state for a
term commencing April 26, 2019 and expiring April 16, 2023.
Mr. Kyle R. Dufrane of 1260 Pebble Pointe Drive, Rochester, Michigan
48037, county of Oakland, reappointed to represent persons licensed to practice
law in this state for a term expiring April 16, 2023.
April 26, 2019
I respectfully submit to the Senate the following appointments to office
pursuant to Act 152 of 1885, MCL 36.2a:
Michigan Veterans’ Facilities
Board of Managers
Ms. Deborah M. Chambers of 874 4th Street, N.W., Grand Rapids, Michigan
49504, county of Kent, succeeding Carrie Anderson whose term has expired,
appointed to represent veterans for a term commencing April 26, 2019 and
expiring February 28, 2022.
Mr. Robert Johnson of 2867 Voice Road, Kingsley, Michigan 49649, county
of Grand Traverse, reappointed to represent the American Legion for a term
expiring February 28, 2022.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to the Committee on Advice and Consent.
The following messages from the Governor were received and read:
April 26, 2019
I am writing to inform you of my withdrawal of the following appointment
submitted to your office on March 21, 2019 pursuant to Act 451 of 1994, MCL
324.76503:
Mackinac Island State Park
Commission
Mr. Barry J. Goodman, a Democrat, of 28854 Herndonwood Drive, Farmington
Hills, Michigan 48334, county of Oakland, succeeding Marcia Brogan whose term
has expired, appointed for a term commencing April 13, 2019 and expiring April
12, 2025.
April 26, 2019
Due to an error on the March 28, 2019 letter filed with your office
pursuant to Executive Order No. 2019-07, please be advised of the following
correction appearing in bold:
Marijuana Regulatory Agency
Executive Director
Mr. Andrew D. Brisbo of 1860 Foxcroft Road, East Lansing, Michigan
48823, county of Ingham, appointed for a term commencing April 30, 2019 and expiring at the pleasure
of the Governor.
Respectfully,
Gretchen
Whitmer
Governor
The messages were referred to the Committee on Advice and Consent.
Messages from the House
A bill to amend 1976 PA 451, entitled “The revised school code,” by
amending section 1249 (MCL 380.1249), as amended by 2018 PA 235.
The House of Representatives has passed the bill, ordered that it be
given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The
Senate agreed to the full title.
A bill to amend 1976 PA 451, entitled “The revised school code,” by
amending section 1249b (MCL 380.1249b), as added by 2015 PA 173.
The House of Representatives has passed the bill, ordered that it be
given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The
Senate agreed to the full title.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Johnson, LaSata, Runestad, MacDonald, Lucido, Bayer, Santana,
Wojno and Bullock introduced
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by
amending sections 320a, 602b, 602c, and 732 (MCL 257.320a, 257.602b, 257.602c,
and 257.732), section 320a as amended by 2018 PA 349, section 602b as amended
by 2016 PA 332, section 602c as added by 2012 PA 592, and section 732 as
amended by 2017 PA 160.
The bill was read a first and second time by title
and referred to the Committee on Judiciary and Public Safety.
Senators Hertel, Bizon, Lucido, Ananich, Brinks, Bullock, Geiss,
Runestad, Alexander, Bayer, Wojno, McMorrow, Polehanki and Hollier introduced
A bill to create the child abuse
offenders registry; to prescribe the powers and duties of certain departments
and agencies in connection with that registry; and to prescribe penalties and
sanctions.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
Senators Lucido, Bizon, Hertel, Ananich, Brinks, Bullock, Geiss,
Runestad, Alexander, Bayer, Wojno, McMorrow, Polehanki and Hollier introduced
A bill to require persons convicted
of certain child abuse offenses to register with the child abuse offenders
registry; to prescribe the powers and duties of certain departments and
agencies in connection with that registration; to prescribe fees and penalties;
and to authorize certain causes of action.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
Senators Bizon, Lucido, Hertel, Ananich, Brinks, Bullock, Geiss,
Runestad, Alexander, Bayer, Wojno, McMorrow, Polehanki and Hollier introduced
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 11b of chapter
XVII (MCL 777.11b), as amended by 2016 PA 234.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1939 PA 288,
entitled “Probate code of 1939,” by amending sections 1, 3, and 11 of chapter XIIA
(MCL 712A.1, 712A.3, and 712A.11), section 1 as amended by 2016 PA 496, section
3 as amended by 1996 PA 409, and section 11 as amended by 2016 PA 185.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1974 PA 258,
entitled “Mental health code,” by amending section 1060a (MCL 330.2060a), as
added by 2012 PA 540.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 11 of chapter II
(MCL 762.11), as amended by 2015 PA 31.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1988 PA 13,
entitled “Juvenile diversion act,” by amending sections 2 and 8 (MCL 722.822
and 722.828), section 2 as amended by 1996 PA 415.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 2013 PA 93,
entitled “Michigan indigent defense commission act,” by amending section 3
(MCL 780.983), as amended by 2018 PA 214.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1974 PA 150,
entitled “Youth rehabilitation services act,” by amending section 2 (MCL
803.302), as amended by 1998 PA 517.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 15b of chapter
IV (MCL 764.15b), as amended by 2001 PA 209.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1939 PA 288,
entitled “Probate code of 1939,” by amending sections 14, 15, 16, 18, and 18i
of chapter XIIA (MCL 712A.14, 712A.15, 712A.16, 712A.18, and 712A.18i), section
14 as amended by 2012 PA 163, section 15 as amended by 1998 PA 474, section 16
as amended by 1998 PA 478, section 18 as amended by 2018 PA 58, and section 18i
as added by 1996 PA 244.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1939 PA 288,
entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL
712A.2), as amended by 2018 PA 58.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 27 of chapter IV
(MCL 764.27), as amended by 1996 PA 418.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1931 PA 328,
entitled “The Michigan penal code,” by amending section 139 (MCL 750.139), as
amended by 1998 PA 510.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1939 PA 280,
entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as
amended by 2018 PA 580.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 27a of chapter
IV (MCL 764.27a), as amended by 1996 PA 254.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1939 PA 280,
entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section
117i.
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.
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 1f of chapter IV
(MCL 764.1f), as amended by 1998 PA 520.
The House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
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 House of Representatives has
passed the bill.
The bill was
read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
By
unanimous consent the Senate returned to the order of
Resolutions
Senator
MacGregor moved that consideration of the following resolutions be postponed
for today:
Senate
Resolution No. 25
Senate
Resolution No. 30
Senate
Resolution No. 38
The motion prevailed.
Senate
Resolution No. 41
The motion prevailed, a majority of the
members serving voting therefor.
Senator
Ananich offered the following resolution:
Senate
Resolution No. 41.
A resolution to commemorate April 28, 2019, as Workers’ Memorial Day.
Whereas, Every year on April 28, in cities, towns, at worksites, and
memorials in communities around the world, we gather to honor friends, family
members, and colleagues who have been killed or injured on the job; and
Whereas, More than 579,000 workers’ lives have been saved since the
passage of the Occupational Safety and Health Act in 1970, but many workers
remain in serious danger; and
Whereas, The Federal Bureau of Labor Statistics reports that 5,190 fatal
work injuries were recorded in the United States in 2016 and an estimated
50,000-60,000 died from occupational diseases; and
Whereas, In 2017, 153 workers were lost through
fatal workplace accidents in Michigan and 93,900 injuries and illnesses were reported in Michigan; and
Whereas, It is appropriate to honor the memory of the courageous and
dedicated members of Michigan’s labor force who have been injured, disabled, or
have died as a result of workplace accidents; and
Whereas, We remember those who have died in workplace catastrophes,
suffered occupation-related diseases, or have been injured due to dangerous
conditions; and
Whereas, Recognition of the integrity of Michigan’s work force and its
achievements on behalf of the economic growth of our state is necessary; and
Whereas, The Senate wishes to pay tribute to the workers who have died,
been injured, or disabled in workplace accidents; now, therefore, be it
Resolved by the Senate, That members of this legislative body
commemorate April 28, 2019, as Workers’ Memorial Day; and be it further
Resolved, That we honor the contributions of Michigan’s work force and
call for increased workplace safety in our state.
The
question being on the adoption of the resolution,
Senators Alexander, Bayer, Brinks, Bullock, Chang, Geiss,
Hollier, Lucido, MacDonald, McCann, McMorrow, Moss, Polehanki, Santana, Wojno and Zorn were named co-sponsors of the
resolution.
Senator MacGregor moved that the Senate recess
subject to the call of the Chair.
The motion prevailed, the time being 11:55
a.m.
The Senate was called to order by the
President pro tempore, Senator Nesbitt.
By
unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President pro
tempore, Senator Nesbitt, designated Senator Daley as Chairperson.
After some time spent therein, the Committee
arose; and the President pro tempore, Senator Nesbitt, having resumed the
Chair, the Committee reported back to the Senate, favorably and without
amendment, the following bill:
Senate Bill No. 169, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1084.
The
bill was placed on the order of Third Reading of Bills.
House Bill No. 4206, entitled
A bill to amend 1979 PA 94, entitled “The
state school aid act of 1979,” by amending section 101 (MCL 388.1701), as
amended by 2018 PA 586.
Substitute (S-1)
Recess
Senator MacGregor moved that the Senate recess
subject to the call of the Chair.
The motion prevailed, the time being 12:18
p.m.
The Senate was called to order by the
President pro tempore, Senator Nesbitt.
By
unanimous consent the Senate returned to the order of
Third Reading of Bills
House
Bill No. 4206
The motion prevailed, a majority of the
members serving voting therefor.
The
following bill was read a third time:
House Bill No. 4206, entitled
A bill to amend 1979 PA 94, entitled “The
state school aid act of 1979,” by amending section 101 (MCL 388.1701), as
amended by 2018 PA 586.
The
question being on the passage of the bill,
Senator
Polehanki offered the following amendments:
1. Amend page 7, line 20, after “(4)”
by striking the balance of the subsection and inserting:
“ALL OF THE FOLLOWING APPLY TO THE PROVISION OF PUPIL INSTRUCTION:
(A) Except as otherwise provided in this subsection, the first 6 days or
the equivalent number of hours for which pupil instruction is not provided
because of conditions not within the control of school authorities, such as
severe storms, fires, epidemics, utility power unavailability, water or sewer
failure, or health conditions as defined by the city, county, or state health
authorities, shall be ARE
counted as hours and days of pupil instruction.
(B) FOR 2018-2019 ONLY, IN
ADDITION TO THE 6 DAYS UNDER SUBDIVISION (A), THE DEPARTMENT SHALL COUNT AS
HOURS AND DAYS OF PUPIL INSTRUCTION THE DAYS AND THE EQUIVALENT NUMBER OF HOURS
FOR WHICH PUPIL INSTRUCTION IS NOT PROVIDED THAT ARE INCLUDED IN A PERIOD FOR
WHICH THE GOVERNOR HAS ISSUED AN EXECUTIVE ORDER DECLARING A STATE OF EMERGENCY
ACROSS THIS STATE IF BOTH OF THE FOLLOWING REQUIREMENTS ARE MET:
(i) SUBJECT TO SUBSECTION (14), THE DISTRICT PROVIDES ITS HOURLY
EMPLOYEES THE FULL COMPENSATION THAT THEY WOULD HAVE BEEN ENTITLED TO HAD THEY
WORKED FOR THE PERIOD DURING WHICH PUPIL INSTRUCTION WAS NOT PROVIDED AS
DESCRIBED IN THIS SUBDIVISION.
(ii) THE DISTRICT PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT
THAT ITS HOURLY EMPLOYEES DESCRIBED UNDER SUBPARAGRAPH (i) RECEIVED FULL COMPENSATION AS REQUIRED UNDER SUBPARAGRAPH (i).
(C) With the approval of the superintendent of public instruction, the
department shall count as hours and days of pupil instruction for a fiscal year
not more than 3 additional days or the equivalent number of additional hours
for which pupil instruction is not provided in a district due to unusual and
extenuating occurrences resulting from conditions not within the control of
school authorities such as those conditions described in this subsection.
Subsequent such hours or days shall not be counted as hours or days of pupil
instruction.UNDER SUBDIVISION (A).”.
2. Amend page 14, following line
9, by inserting:
“(14) A DISTRICT IS NOT SUBJECT TO THE REQUIREMENTS UNDER SUBSECTION (4)(B)(i) AND (ii) IF EITHER OF THE FOLLOWING ARE MET:
(A) THE
DISTRICT HAS A COLLECTIVE BARGAINING AGREEMENT WITH A BARGAINING REPRESENTATIVE
OF ITS HOURLY EMPLOYEES, OR HAS AN EMPLOYMENT AGREEMENT WITH AN HOURLY
EMPLOYEE, THAT IS IN EFFECT AS OF THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT
ADDED THIS SUBSECTION AND THAT EXPLICITLY ADDRESSES COMPENSATION REGARDING
PERIODS DURING WHICH PUPIL INSTRUCTION IS NOT PROVIDED AS DESCRIBED UNDER
SUBSECTION (4)(B).
(B) THE DISTRICT DEMONSTRATES TO
THE DEPARTMENT THAT IT HAS PROVIDED ITS HOURLY EMPLOYEES WITH COMPENSATION OR A
BENEFIT IN LIEU OF COMPENSATION BASED ON A WRITTEN AGREEMENT WITH THE
BARGAINING REPRESENTATIVE OR EMPLOYEE, AS APPLICABLE, FOR PERIODS DURING WHICH
PUPIL INSTRUCTION IS NOT PROVIDED AS DESCRIBED UNDER SUBSECTION (4)(B).
(15) FOR 2018-2019, THE DAYS
INCLUDED IN THE EXECUTIVE ORDER DESCRIBED UNDER SUBSECTION (4)(B) ARE JANUARY
29, 2019 TO FEBRUARY 2, 2019.”.
The
amendments were not adopted, a majority of the members serving not voting
therefor.
Senator
Chang 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. 48 Yeas—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—0
Not
Voting—0
In The Chair: Nesbitt
Senator
Ananich offered the following amendment:
1. Amend page 8, line 8, after “2019.” by inserting “EACH DISTRICT SHALL DETERMINE THE MANNER OF
COMPENSATION FOR ITS HOURLY WORKERS FOR HOURS OF WORK LOST BECAUSE PUPIL
INSTRUCTION WAS NOT PROVIDED ON THOSE DAYS.”.
The
amendment was not adopted, a majority of the members serving not voting
therefor.
Senator
Chang 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. 49 Yeas—17
Alexander Chang Irwin Moss
Ananich Geiss McBroom Polehanki
Bayer Hertel McCann Santana
Brinks Hollier McMorrow Wojno
Bullock
Nays—21
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson
Excused—0
Not
Voting—0
In The Chair: Nesbitt
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. 50 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The Chair: Nesbitt
Senator
MacGregor moved that the bill be given immediate effect.
The
motion did not prevail, 2/3 of the members serving not voting therefor.
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An
act to make appropriations to aid in the support of the public schools, the
intermediate school districts, community colleges, and public universities of
the state; to make appropriations for certain other purposes relating to
education; to provide for the disbursement of the appropriations; to authorize
the issuance of certain bonds and provide for the security of those bonds; to
prescribe the powers and duties of certain state departments, the state board
of education, and certain other boards and officials; to create certain funds
and provide for their expenditure; to prescribe penalties; and to repeal acts
and parts of acts,”.
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 Thursday, April 25:
House Bill Nos. 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4443 4452
The
Secretary announced that the following bills, joint resolution, and resolution
were printed and filed on Thursday, April 25, and are available on the Michigan
Legislature website:
Senate Bill Nos. 285 286 287
Senate Joint Resolution F
Senate Resolution No. 40
House Bill Nos. 4501 4502 4503 4504 4505 4506 4507 4508 4509 4510 4511 4512 4513 4514 4515 4516 4517 4518 4519
Committee Reports
The Committee on Judiciary and Public Safety reported
House Bill No. 4129, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by
amending section 35 (MCL 791.235), as amended by 2018 PA 339.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate
effect.
Peter
J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and
Irwin
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary and Public Safety reported
House Bill No. 4130, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by
amending sections 33 and 34 (MCL 791.233 and 791.234), section 33 as amended by
2017 PA 14 and section 34 as amended by 2017 PA 265.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and
Irwin
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary and Public Safety reported
House Bill No. 4131, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL
750.1 to 750.568) by adding section 197d.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and
Irwin
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary and Public Safety reported
House Bill No. 4132, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by
amending sections 33b and 65 (MCL 791.233b and 791.265), section 33b as amended
by 2010 PA 94 and section 65 as amended by 2012 PA 599.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate
effect.
Peter
J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and
Irwin
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary and Public Safety reported
House Bill No. 4440, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities
licensing act,” by amending section 402 (MCL 333.27402), as amended by
2018 PA 582.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate
effect.
Peter
J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett, Johnson and Runestad
Nays: Senator Irwin
The bill was referred to the Committee of the Whole.
COMMITTEE
ATTENDANCE REPORT
The Committee on Judiciary and Public Safety submitted the following:
Meeting held on Thursday, April 25, 2019, at 8:30 a.m., Room 1100,
Binsfeld Office Building
Present: Senators Lucido (C), VanderWall, Barrett, Johnson, Runestad,
Chang and Irwin
The Committee on Economic and Small Business Development reported
House Bill No. 4077, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,”
by amending sections 6 and 8 (MCL 207.846 and 207.848), section 8 as amended by
2011 PA 82.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate
effect.
Ken
Horn
Chairperson
To Report Out:
Yeas: Senators Horn, VanderWall, MacGregor, Theis, Lauwers, Schmidt,
McMorrow, Geiss and Moss
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic and Small Business Development reported
House Bill No. 4101, entitled
A bill to amend 2018 PA 57, entitled “Recodified tax increment financing
act,” by amending section 204 (MCL 125.4204).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate
effect.
Ken
Horn
Chairperson
To Report Out:
Yeas: Senators Horn, VanderWall, MacGregor, Theis, Lauwers, Schmidt,
McMorrow, Geiss and Moss
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE
ATTENDANCE REPORT
The Committee on Economic and Small Business Development submitted the
following:
Meeting held on Thursday, April 25, 2019, at 1:00 p.m., Room 1200,
Binsfeld Office Building
Present: Senators Horn (C), VanderWall, MacGregor,
Theis, Lauwers, Schmidt, McMorrow, Geiss and Moss
The Committee on Health Policy and Human Services reported
Senate Resolution No. 18.
A resolution to recognize May 2019 as Stroke Awareness Month.
(For text of resolution, see Senate Journal No. 21, p. 184.)
With the recommendation that the resolution be adopted.
Curtis
S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata,
MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Health Policy and Human Services reported
Senate Bill No. 228, entitled
A bill to create a suicide prevention commission within the legislative
council and to prescribe its powers and duties; and to prescribe the powers and
duties of certain state officers and entities.
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.
Curtis
S. VanderWall
Chairperson
To Report Out:
Yeas: Senators VanderWall, Bizon, Johnson, LaSata,
MacDonald, Theis, Brinks, Hertel, Santana and Wojno
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 Health Policy and Human Services submitted the
following:
Meeting held on Thursday, April 25, 2019, at 1:00 p.m., Room 1100,
Binsfeld Office Building
Present: Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald,
Theis, Brinks, Hertel, Santana and Wojno
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Justice and Public Safety submitted the following:
Meeting held on Thursday, April 25, 2019, at 1:30 p.m., Room 1300,
Binsfeld Office Building
Present: Senators Barrett (C), Runestad and Hollier
COMMITTEE
ATTENDANCE REPORT
The Subcommittee on Natural Resources and Environmental Quality
submitted the following:
Meeting held on Thursday, April 25, 2019 at 2:00 p.m., Room 1200,
Binsfeld Office Building
Present: Senators Bumstead (C), Bayer, Outman, Victory and McCann
COMMITTEE
ATTENDANCE REPORT
The Subcommittee on Agriculture and Rural Development submitted the
following:
Meeting held on Thursday, April 25, 2019, at 3:00 p.m., Room 1300,
Binsfeld Office Building
Present: Senators Victory (C), Daley and McCann
COMMITTEE
ATTENDANCE REPORT
The Subcommittee on Community Health/Human Services submitted the
following:
Meeting held on Thursday, April 25, 2019, at 3:00 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building
Present: Senators MacGregor (C), Bizon, Schmidt, LaSata, MacDonald,
Barrett, Hertel, Irwin and Santana
Scheduled
Meetings
Advice
and Consent - Thursday, May 2, 1:00 p.m., Room 1300,
Binsfeld Office Building (517) 373-5312
Appropriations
- Wednesday, May 1 and Thursday, May 2, 8:30
a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-5307
Subcommittee
–
Capital
Outlay - Wednesday, May 1, 4:00 p.m., Room 519,
Anderson House Office Building (517) 373-2768
Criminal
Justice Policy Commission - Wednesday, May 1, 9:00 a.m., Room 1200,
Binsfeld Office Building (517) 373-0212
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 12:40
p.m.
The President pro tempore, Senator Nesbitt,
declared the Senate adjourned until Wednesday, May 1, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate