STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Wednesday, October 2, 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
In the name of God, the most merciful. You who is most merciful than
those who show mercy. You who is more merciful than a mother is to her child.
You who are the healer of all pains and all afflictions. You who before anything
there was You, and after there is nothing there will be You. You who are the
first. You who are last. Our Creator, our Provider, our Sustainer, Ya Aleem.
Knowing of all things. You who has known each of us before even we knew
ourselves.
Help us through this journey to better ourselves. Help us all to know
our strengths and to live by them; to know our character and how to improve it;
to know our pains and how to heal them; to know our value and how to share it;
to know our blessings and how to be grateful for them; to know our wants and
see where they conflict with our needs; to know our shortcomings and how to
confront and defeat them; to know how to really forgive all those who have
wronged us and actually forgive them; to know what charity is by being generous
with our wealth and our time; to know what integrity is by being honest and
truthful; to know what goodness is by extending our hands without
qualifications to all those who are in need.
O God, we ask You for Your wisdom and righteousness to be evident in our
state policies and our leaders. Help them to lead and govern with integrity.
Help them to have courage and faith in You, O Lord.
O Lord, You are just and merciful. May they always seek the ways of
justice and mercy. Amen.
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.
Senate Bill No. 446, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and
environmental protection act,” by amending section 5522 (MCL 324.5522), as
amended by 2015 PA 60.
The motion prevailed.
Senator
Ananich entered the Senate Chamber.
The
following communication was received and read:
Office of the Auditor General
September
25, 2019
Attached is the signed contract for the financial audit
of the Michigan Legislature for fiscal years 2019 and 2020.
Thanks!
Steven
R. Koschay, CPA
Audit
Manager
The
communication was referred to the Secretary for record.
The
following communication was received and read:
Office of the Auditor General
September
27, 2019
Enclosed
is a copy of the following report:
• Report on internal control over financial
reporting of the Michigan Public School Employees’ Retirement System Schedules
of Employer Pension and Other Postemployment Benefit Allocations and Schedules
of Collective Pension and Other Postemployment Benefit Amounts for the fiscal
year ended September 30, 2018 (071-0164-19)
Sincerely,
Doug
Ringler
Auditor
General
The
audit report was referred to the Committee on Oversight.
The
following communication was received:
Department of Treasury
September
30, 2019
Pursuant
to MCL 21.604(1)(e), (Michigan Infrastructure Council Act), the Council is
required to submit to the Governor and the Legislature the following: Annual Report – Fiscal Year 2019. This report, which can be viewed at: www.michigan.gov/mic, contains
FY2019 accomplishments, FY2020 workplan, and budget
for developing a strategic framework for the state’s transportation, water,
utilities, and communications assets. If you have any questions, please
contact MIC Executive Director Jessica Moy at (517) 241-1186.
Paul
Connors
The
communication was referred to the Secretary for record.
The
following communication was received:
Department of Environment, Great Lakes, and Energy
September
30, 2019
In
accordance with Sections 17303(9) and 17317(9) of Part 173, Electronics, of the
Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended, attached is the Department of
Environment, Great Lakes, and Energy’s (EGLE) report on the
Electronic Waste Recycling Fund for fiscal years 2018 and 2019.
If you
need further information, please contact Jack Schinderle, Director, Materials
Management Division, at 517-284-6551; or you may contact me at 517-284-6708.
Liesl
Eichler Clark
Director
The
communication was referred to the Secretary for record.
The
following communication was received:
State Budget Office
September
30, 2019
Attached
you will find the report as required by PA 268. Per the statute:
(7)
Not later than March 30 of each year that the contract is in effect, and not later
than September 30 of each year that the contract is in effect, the integrity
oversight monitor shall provide a detailed report to the governor, the
department of technology, management, and budget, the secretary of the senate,
the clerk of the house of representatives, and the chairpersons of the senate
and house of representatives committees on appropriations. The report shall
contain all of the following:
(a)
Detail of the integrity oversight monitor’s services during the 6-month period.
(b)
Detail of the integrity oversight monitor’s services over the duration of the
contract.
(c)
Details of findings of malfeasance or inefficiency.
(d)
Recommendations for corrective actions by any governmental entities.
Please
let us know if you need anything else.
Thank
you,
State
Budget Office
517-335-3420
The
communication was referred to the Secretary for record.
Recess
Senator MacGregor moved that the Senate recess subject to the call of
the Chair.
The motion prevailed, the time being 10:11 a.m.
The Senate was called to order by the President, Lieutenant Governor
Gilchrist.
The following messages from the Governor were
received:
Date:
September 27, 2019
Time:
11:33 a.m.
To the President of the Senate:
Sir—I
have this day approved and signed
Enrolled Senate Bill No. 169 (Public Act No.
51), being
An
act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming
certain Michigan highways; to provide for the naming of certain highways; to
prescribe certain duties of the state transportation department; and to repeal
acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2083) by
adding section 1084.
(Filed
with the Secretary of State on September 27, 2019 at 1:26 p.m.)
Time: 3:04 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 134 (Public Act No. 52), being
An act to amend 1979 PA 94, entitled “An act
to make appropriations to aid in the support of the public schools, the
intermediate school districts, community colleges, and public universities of
the state; to make appropriations for certain other purposes relating to
education; to provide for the disbursement of the appropriations; to authorize
the issuance of certain bonds and provide for the security of those bonds; to
prescribe the powers and duties of certain state departments, the state board
of education, and certain other boards and officials; to create certain funds
and provide for their expenditure; to prescribe penalties; and to repeal acts
and parts of acts,” by amending sections 201, 201a, 206, 207a, 207b, 207c, 209,
209a, 210b, 210f, 217, 225, 229a, and 230 (MCL 388.1801, 388.1801a, 388.1806,
388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1810b, 388.1810f,
388.1817, 388.1825, 388.1829a, and 388.1830), sections 201, 201a, 206, 207a,
207b, 207c, 209, 210b, 217, 225, 229a, and 230 as amended and sections 209a and
210f as added by 2018 PA 265; and to repeal acts and parts of acts.
(Filed with the Secretary of State on
September 30, 2019 at 7:10 p.m.)
Time: 3:08 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 137 (Public Act No. 57), being
An act to make appropriations for the
department of environment, Great Lakes, and energy for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
(Filed with the Secretary of State on
September 30, 2019 at 7:20 p.m.)
Time: 3:16 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 138 (Public Act No. 56), being
An act to make appropriations for the
legislature, the executive, the department of the attorney general, the
department of state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, the department of labor
and economic opportunity, and certain other state purposes for the fiscal year
ending September 30, 2020; to supplement appropriations for certain state
departments and certain other state purposes for the fiscal year ending
September 30, 2019; to provide for the expenditure of the appropriations; to
provide for the disposition of fees and other income received by the state
agencies; and to declare the effect of this act.
(Filed with the Secretary of State on
September 30, 2019 at 7:18 p.m.)
Time: 3:18 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 141 (Public Act No. 55), being
An act to make appropriations for the
department of insurance and financial services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
(Filed with the Secretary of State on
September 30, 2019 at 7:16 p.m.)
Time: 3:20 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 144 (Public Act No. 54), being
An act to make appropriations for the
department of military and veterans affairs for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
(Filed with the Secretary of State on
September 30, 2019 at 7:14 p.m.)
Time: 3:22 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 147 (Public Act No. 53), being
An act to make appropriations for the
department of state police for the fiscal year ending September 30, 2020; and
to provide for the expenditure of the appropriations.
(Filed with the Secretary of State on
September 30, 2019 at 7:12 p.m.)
Time: 3:25 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 149 (Public Act No. 66), being
An act to make
appropriations for the state transportation department for the fiscal year
ending September 30, 2020; and to provide for the expenditure of
the appropriations.
(Filed with the Secretary of State on
September 30, 2019 at 7:38 p.m.)
Time: 10:28 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 438 (Public Act No. 68), being
An act to amend 1972 PA 284, entitled “An act
to provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and
liabilities; to provide for the authorization of foreign corporations
within this state; to prescribe the functions of the administrator of this act;
to prescribe penalties for violations of this act; and to repeal certain acts
and parts of acts,” by amending section 1060 (MCL 450.2060), as amended by 2018
PA 85.
(Filed with the Secretary of State on
September 30, 2019 at 7:42 p.m.)
Time: 10:30 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 439 (Public Act No. 69), being
An act to amend 1982 PA 162, entitled “An act
to revise, consolidate, and classify the laws relating to the organization and
regulation of certain nonprofit corporations; to prescribe their duties,
rights, powers, immunities, and liabilities; to provide for the authorization
of foreign nonprofit corporations within this state; to impose certain duties
on certain state departments; to prescribe fees; to prescribe penalties for
violations of this act; and to repeal certain acts and parts of acts,” by
amending section 1060 (MCL 450.3060), as amended by 2015 PA 65.
(Filed with the Secretary of State on
September 30, 2019 at 7:44 p.m.)
Time: 10:32 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 440 (Public Act No. 70), being
An act to amend 1993 PA 23, entitled “An act
to provide for the organization and regulation of limited liability companies;
to prescribe their duties, rights, powers, immunities, and liabilities; to
prescribe the powers and duties of certain state departments and agencies; and
to provide for penalties and remedies,” by amending section 1101 (MCL
450.5101), as amended by 2018 PA 380.
(Filed with the Secretary of State on
September 30, 2019 at 7:46 p.m.)
Time: 10:34 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 441 (Public Act No. 71), being
An act to amend 1979 PA 152, entitled “An act
to provide for the establishment and collection of fees for the investigation,
regulation, and enforcement of certain occupations and professions, and for
certain agencies and businesses; to create certain funds for certain purposes;
and to prescribe certain powers and duties of certain state agencies and
departments,” by amending sections 13, 17, 21, 25, 27, 31, 37, 38, and 43 (MCL
338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2231, 338.2237, 338.2238,
and 338.2243), as amended by 2015 PA 75.
(Filed with the Secretary of State on
September 30, 2019 at 7:48 p.m.)
Time: 10:36 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 442 (Public Act No. 72), being
An act to amend 2016 PA 345, entitled “An act
to regulate transportation network companies, taxicabs, and certain limousines
in this state; to provide for the powers and duties of certain state officers
and entities; to prescribe penalties and provide remedies; and to repeal acts
and parts of acts,” by amending section 4 (MCL 257.2104).
(Filed with the Secretary of State on September
30, 2019 at 7:50 p.m.)
Time: 10:38 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 443 (Public Act No. 73), being
An act to amend 2008 PA 551, entitled “An act
to enact the uniform securities act (2002) relating to the issuance, offer,
sale, or purchase of securities; to prohibit fraudulent practices in relation
to securities; to establish civil and criminal sanctions for violations of the
act and civil sanctions for violation of the rules promulgated pursuant to the
act; to require the registration of broker-dealers, agents, investment
advisers, and securities; to regulate Michigan investment markets; to make
uniform the law with reference to securities; and to repeal acts and parts of
act,” by amending section 410 (MCL 451.2410), as amended by 2015 PA 67.
(Filed with the Secretary of State on
September 30, 2019 at 7:52 p.m.)
Time: 10:40 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 444 (Public Act No. 74), being
An act to amend 1978 PA 368, entitled “An act
to protect and promote the public health; to codify, revise, consolidate,
classify, and add to the laws relating to public health; to provide for the
prevention and control of diseases and disabilities; to provide for the
classification, administration, regulation, financing, and maintenance of
personal, environmental, and other health services and activities; to create or
continue, and prescribe the powers and duties of, departments, boards,
commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to
regulate occupations, facilities, and agencies affecting the public health; to
regulate health maintenance organizations and certain third party
administrators and insurers; to provide for the imposition of a regulatory fee;
to provide for the levy of taxes against certain health facilities or agencies;
to promote the efficient and economical delivery of health care services, to
provide for the appropriate utilization of health care facilities and services,
and to provide for the closure of hospitals or consolidation of hospitals or
services; to provide for the collection and use of data and information; to
provide for the transfer of property; to provide certain immunity from
liability; to regulate and prohibit the sale and offering for sale of drug
paraphernalia under certain circumstances; to provide for the implementation of
federal law; to provide for penalties and remedies; to provide for sanctions
for violations of this act and local ordinances; to provide for an
appropriation and supplements; to repeal certain acts and parts of acts; to
repeal certain parts of this act; and to repeal certain parts of this act on
specific dates,” by amending section 20161 (MCL 333.20161), as amended by 2018
PA 245.
(Filed with the Secretary of State on
September 30, 2019 at 7:54 p.m.)
Time: 10:42 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 445 (Public Act No. 75), being
An act to amend 1978 PA 368, entitled “An act
to protect and promote the public health; to codify, revise, consolidate,
classify, and add to the laws relating to public health; to provide for the
prevention and control of diseases and disabilities; to provide for the
classification, administration, regulation, financing, and maintenance of
personal, environmental, and other health services and activities; to create or
continue, and prescribe the powers and duties of, departments, boards,
commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to regulate
occupations, facilities, and agencies affecting the public health; to regulate
health maintenance organizations and certain third party administrators and
insurers; to provide for the imposition of a regulatory fee; to provide for the
levy of taxes against certain health facilities or agencies; to promote the
efficient and economical delivery of health care services, to provide for the
appropriate utilization of health care facilities and services, and to provide
for the closure of hospitals or consolidation of hospitals or services; to
provide for the collection and use of data and information; to provide for the
transfer of property; to provide certain immunity from liability; to regulate
and prohibit the sale and offering for sale of drug paraphernalia under certain
circumstances; to provide for the implementation of federal law; to provide for
penalties and remedies; to provide for sanctions for violations of this act and
local ordinances; to provide for an appropriation and supplements; to repeal
certain acts and parts of acts; to repeal certain parts of this act; and to
repeal certain parts of this act on specific dates,” by amending section 6237
(MCL 333.6237), as amended by 2015 PA 104.
(Filed with the Secretary of State on
September 30, 2019 at 7:56 p.m.)
Date: September 30, 2019
Time: 10:44 a.m.
To
the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 452 (Public Act No. 76), being
An act to amend 1986 PA 32, entitled “An act
to provide for the establishment of emergency 9-1-1 districts; to provide for
the installation, operation, modification, and maintenance of universal
emergency 9-1-1 service systems; to provide for the imposition and collection
of certain charges; to provide the powers and duties of certain state agencies,
local units of government, public officers, service suppliers, and others; to
create an emergency 9-1-1 service committee; to provide remedies and penalties;
and to repeal acts and parts of acts,” by amending section 408 (MCL 484.1408),
as amended by 2018 PA 51.
(Filed with the Secretary of State on
September 30, 2019 at 7:58 p.m.)
Time: 11:00 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 447 (Public Act No. 84), being
An act to amend 1994 PA 451, entitled “An act
to protect the environment and natural resources of the state; to codify,
revise, consolidate, and classify laws relating to the environment and natural
resources of the state; to regulate the discharge of certain substances into
the environment; to regulate the use of certain lands, waters, and other
natural resources of the state; to protect the people’s right to hunt and fish;
to prescribe the powers and duties of certain state and local agencies and
officials; to provide for certain charges, fees, assessments, and donations; to
provide certain appropriations; to prescribe penalties and provide remedies;
and to repeal acts and parts of acts,” by amending sections 3118, 3120, 30104,
30109, 32312, and 32513 (MCL 324.3118, 324.3120, 324.30104, 324.30109,
324.32312, and 324.32513), section 3118 as amended by 2017 PA 40, section
3120 as amended by 2015 PA 82, and sections 30104, 30109, 32312, and 32513 as
amended by 2015 PA 76.
(Filed with the Secretary of State on
September 30, 2019 at 8:14 p.m.)
Time: 11:02 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 448 (Public Act No. 85), being
An act to amend 1994 PA 451, entitled “An act to
protect the environment and natural resources of the state; to codify, revise,
consolidate, and classify laws relating to the environment and natural
resources of the state; to regulate the discharge of certain substances into
the environment; to regulate the use of certain lands, waters, and other
natural resources of the state; to protect the people’s right to hunt and fish;
to prescribe the powers and duties of certain state and local agencies and
officials; to provide for certain charges, fees, assessments, and donations; to
provide certain appropriations; to prescribe penalties and provide remedies;
and to repeal acts and parts of acts,” by amending sections 17303 and 17317
(MCL 324.17303 and 324.17317), as amended by 2015 PA 82.
(Filed with the Secretary of State on
September 30, 2019 at 8:16 p.m.)
Time: 11:04 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 450 (Public Act No. 86), being
An act to amend 1937 PA 284, entitled “An act
to prevent the spread of infectious and contagious diseases of livestock; to
require persons, associations, partnerships and corporations engaged in the
buying, receiving, selling, transporting, exchanging, negotiating, or
soliciting sale, resale, exchange or transportation of livestock to be licensed
and bonded by the department of agriculture; to keep a producers’ proceeds
account; to provide for the refusal, suspension or revocation of such licenses;
to provide for weighmasters; to provide for the inspection and disinfection of
yards, premises and vehicles; and to provide penalties for the violation of
this act,” by amending section 3 (MCL 287.123), as amended by 2015 PA 69.
(Filed with the Secretary of State on
September 30, 2019 at 8:18 p.m.)
Time: 11:06 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 451 (Public Act No. 87), being
An act to amend 2012 PA 615, entitled “An act
to provide energy assistance for low-income households; and to prescribe
certain powers and duties of certain state departments and agencies,” by
amending section 6 (MCL 400.1236), as amended by 2016 PA 147.
(Filed with the Secretary of State on September
30, 2019 at 8:20 p.m.)
Time: 11:32 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 139 (Public Act No. 67), being
An act to make appropriations for the
department of health and human services for the fiscal year ending September
30, 2020; and to provide for the expenditure of the appropriations.
(Filed with the Secretary of State on
September 30, 2019 at 7:40 p.m.)
Respectfully,
Gretchen
Whitmer
Governor
The
following message from the Governor was received and read:
September 30, 2019
I have signed Enrolled Senate Bill 137, which makes appropriations for
the Department of Environment, Great Lakes, and Energy for the fiscal year
ending September 30, 2020. I have, however, disapproved five items pursuant to
article 5, section 19 of the Michigan Constitution of 1963. The specific item
vetoes are detailed in the attached copy of the bill that has been filed with
the secretary of state.
To provide direction regarding the implementation of this appropriations
act, I note the following:
• Sections 221 and 601 violate
article 4, section 25 of the Michigan Constitution of 1963, and are therefore
unenforceable.
• Sections 220 and 601 violate
article 4, section 24 of the Michigan Constitution of 1963, and are therefore
unenforceable. These sections also violate the separation of powers required by
article 3, section 2, among other provisions of the Michigan Constitution
of 1963, and are therefore unenforceable on that basis as well.
• Finally, those provisions of
this bill that express merely the intent, advice, preferences, or wishes of the
legislature do not impose conditions upon appropriations and are non-binding.
Thank you for your attention to these matters.
Sincerely,
Gretchen
Whitmer
Governor
Senator MacGregor moved that further consideration of the bill be
postponed for today.
The motion prevailed.
The
following message from the Governor was received and read:
September 30, 2019
I have signed Enrolled Senate Bill 138, which makes appropriations for
the Legislature; the Executive; the Department of the Attorney General; the
Department of State; the Department of Treasury; the Department of Technology,
Management, and Budget; the Department of Civil Rights; the Department of Labor
and Economic Opportunity; and for certain other state purposes for the fiscal
year ending September 30, 2020; and which also supplements appropriations for
certain state departments and other state purposes for the fiscal year ending
September 30, 2019. I have, however, disapproved 14 items appropriating funds
for the fiscal year ending September 30, 2020, and one item supplementing
appropriations for the fiscal year ending September 30, 2019, pursuant to
article 5, section 19 of the Michigan Constitution of 1963. The specific item
vetoes are detailed in the attached copy of the bill that has been filed with
the secretary of state.
To provide direction regarding the implementation of this appropriations
act, I note the following:
• Section 219, which purports to
grant the chairpersons of the house and senate subcommittees on general
government the authority to reduce appropriations for an entire executive
department by five percent if they are not satisfied with the speed with which
the department responds to a request for information, amounts to an attempt to
condition departments’ expenditure of appropriated funds on further legislative
approval and to circumvent the constitutionally specified process for reducing
the expenditure of appropriated funds. It therefore violates the separation of
powers required by article 3, section 2, among other provisions of the Michigan
Constitution of 1963, and is unenforceable.
• Sections 222, 229, 321, 625,
and 983 violate article 4, section 25 of the Michigan Constitution of 1963, and
are therefore unenforceable. Nevertheless, the attorney general has informed me
that she would be pleased to appear before the house or senate appropriations
subcommittees on general government to explain the basis for entering into a
lawsuit against the federal government.
• Sections 218 and 816 violate
article 4, section 24 of the Michigan Constitution of 1963, and are therefore
unenforceable.
• Sections 218, 229, 320 (with
the exception of the notification requirement), and 947, as well as subsection
(6) of section 822b, violate the separation of powers required by article 3,
section 2, among other provisions of the Michigan Constitution of 1963, and are
therefore unenforceable. Nevertheless, the Department of Treasury will make a
good-faith effort to comply with section 947.
• Sections 229 and 626 are
unenforceable to the extent that they assign the auditor general powers and
duties other than those specified in article 4, section 53 of the Michigan
Constitution of 1963.
• Subsection (6) of section 822b
violates article 5, section 18 of the Michigan Constitution of 1963, and is
therefore unenforceable.
• Finally, those provisions of
this bill that express merely the intent, advice, preferences, or wishes of the
legislature do not impose conditions upon appropriations and are non-binding.
Thank you for your attention to these matters.
Sincerely,
Gretchen
Whitmer
Governor
Senator MacGregor moved that further consideration of the bill be
postponed for today.
The motion prevailed.
The
following message from the Governor was received and read:
September 30, 2019
I have signed Enrolled Senate Bill 139, which makes appropriations for
the Department of Health and Human Services for the fiscal year ending
September 30, 2020. I have, however, disapproved 48 items pursuant to article
5, section 19 of the Michigan Constitution of 1963. The specific item vetoes
are detailed in the attached copy of the bill that has been filed with the
secretary of state.
To provide direction regarding the implementation of this appropriations
act, I note the following:
• Sections 218, 240, 518, 595,
1305, and 1350 violate article 4, section 25 of the Michigan Constitution of
1963, and are therefore unenforceable.
• Sections 225, 253, 264, 518,
537, 1350, 1502, 1793, and 1931 violate article 4, section 24 of the Michigan
Constitution of 1963, and are therefore unenforceable.
• Sections 229, 253, 264, 518,
537, 558, 595, 1053, 1763, 1804, as well as subsections (1), (2), and (9) of
1909, violate the separation of powers required by article 3, section 2, among
other provisions of the Michigan Constitution of 1963, and are therefore
unenforceable. I note in particular that section 1053, and subsections (1),
(2), and (9) of section 1909, amount to an impermissible attempt to condition
the department’s expenditure of appropriated funds on further legislative
approval.
• Those provisions of this bill
that express merely the intent, advice, preferences, or wishes of the
legislature do not impose conditions upon appropriations and are non-binding.
Two additional notes are in order. First, I note that a number of the
provisions cited above are not only unconstitutional, but also would hamper the
department’s ability to focus on evidence-based practices known to strengthen
the child welfare system and to provide the best outcomes for the children and
families they serve.
Second, I am directing the department to implement
policy changes that will achieve additional efficiencies.
Thank you for your attention to these matters.
Sincerely,
Gretchen
Whitmer
Governor
Senator MacGregor moved that further consideration of the bill be
postponed for today.
The motion prevailed.
The
following message from the Governor was received and read:
September 30, 2019
I have signed Enrolled Senate Bill 141, which makes appropriations for
the Department of Insurance and Financial Services for the fiscal year ending
September 30, 2020. I have, however, disapproved three items pursuant to
article 5, section 19 of the Michigan Constitution of 1963. The specific item
vetoes are detailed in the attached copy of the bill that has been filed with the
secretary of state.
To provide direction regarding the implementation of this appropriations
act, I note the following:
• Section 216 violates article
4, section 24 of the Michigan Constitution of 1963, as well as the separation
of powers required by article 3, section 2, among other provisions of the
Michigan Constitution of 1963, and is therefore unenforceable.
• Those provisions of this bill
that express merely the intent, advice, preferences, or wishes of the
legislature do not impose conditions upon appropriations and are non-binding.
Thank you for your attention to these matters.
Sincerely,
Gretchen
Whitmer
Governor
Senator MacGregor moved that further consideration of the bill be
postponed for today.
The motion prevailed.
The
following message from the Governor was received and read:
September 30, 2019
I have signed Enrolled Senate Bill 144, which makes appropriations for
the Department of Military and Veterans Affairs for the fiscal year ending
September 30, 2020. I have, however, disapproved five items pursuant to article
5, section 19 of the Michigan Constitution of 1963. The specific item vetoes
are detailed in the attached copy of the bill that has been filed with the
secretary of state.
To provide direction regarding the implementation of this appropriations
act, I note the following:
• Section 404 violates article
4, section 25 of the Michigan Constitution of 1963, and is therefore
unenforceable. Moreover, I note that the D.J. Jacobetti home for veterans
already meets the Centers for Medicaid and Medicare Services certification
standards, and the construction of a new Grand Rapids home for veterans—which
will also meet CMS certification standards—is underway.
• Section 215 violates article
4, section 24 of the Michigan Constitution of 1963, and is therefore
unenforceable.
• Sections 215 and 409, as well
as subsection (2) of section 301 and subsection (2)(a) of section 406, violate
the separation of powers required by article 3, section 2, among other
provisions of the Michigan Constitution of 1963, and are therefore
unenforceable.
• Finally, those provisions of
this bill that express merely the intent, advice, preferences, or wishes of the
legislature do not impose conditions upon appropriations and are non-binding.
Thank you for your attention to these matters.
Sincerely,
Gretchen
Whitmer
Governor
Senator MacGregor moved that further consideration of the bill be
postponed for today.
The motion prevailed.
The
following message from the Governor was received and read:
September 30, 2019
I have signed Enrolled Senate Bill 147, which makes appropriations for
the Department of State Police for the fiscal year ending September 30, 2020. I
have, however, disapproved four items pursuant to article 5, section 19 of the
Michigan Constitution of 1963. The specific item vetoes are detailed in the
attached copy of the bill that has been filed with the secretary of state.
To provide direction regarding the implementation of this appropriations
act, I note the following:
• Sections 226 and 228, and
subsections (8) and (9) of section 704, violate article 4, section 25 of the
Michigan Constitution of 1963, and are therefore unenforceable.
• Section 216 violates article
4, section 24 of the Michigan Constitution of 1963, and is therefore
unenforceable.
• Sections 216 and 228 violate
the separation of powers required by article 3, section 2, among other
provisions of the Michigan Constitution of 1963, and are therefore
unenforceable.
• Subsections (2) and (3) of
section 601, subsections (2) through (5) of section 602, subsection (3) of
section 603, subsection (2) of section 604, subsections (3) and (4) of section
701, subsections (2) through (7) of section 702, and the annual property
inspection goal in subsection (8) of section 702, also violate the separation
of powers required by article 3, section 2, among other provisions of the
Michigan Constitution of 1963, and are therefore unenforceable. Although the
Michigan State Police, as a matter of practice, meets or exceeds the availability
and staffing requirements described in the aforementioned provisions, the
Michigan Constitution of 1963 grants to the executive branch exclusive control
over the management of its employees, which necessarily includes the
administrative function of managing deployment of staff resources to accomplish
departmental goals.
• Subsection (4) of section 703,
which purports to place funds into a commercial vehicle enforcement operations
reserve fund under the control of the legislature, amounts to an attempt to condition
the department’s expenditure of appropriated funds on further legislative
approval. It therefore violates the separation of powers required by article 3,
section 2, among other provisions of the Michigan Constitution of 1963, and is
unenforceable.
Thank you for your attention to these matters.
Sincerely,
Gretchen
Whitmer
Governor
Senator MacGregor moved that further consideration of the bill be
postponed for today.
The motion prevailed.
The
following message from the Governor was received and read:
September 30, 2019
I have signed Enrolled Senate Bill 149, which makes appropriations for
the Department of Transportation for the fiscal year ending September 30, 2020.
I have, however, disapproved 10 items pursuant to article 5, section 19 of the
Michigan Constitution of 1963. The specific item vetoes are detailed in the
attached copy of the bill that has been filed with the secretary of state.
To provide direction regarding the implementation of this appropriations
act, I note the following:
• Sections 382, 403, and 805, as
well as subsections (2) of section 301, subsection (2) of section 386, and
subsection (1) of section 804, violate article 4, section 25 of the Michigan
Constitution of 1963, and are therefore unenforceable.
• Sections 209, 215, 381, and
752, as well as subsection (2) of section 305, violate article 4, section 24 of
the Michigan Constitution of 1963, and are therefore unenforceable.
Nevertheless, the State Budget Office will make a good-faith effort to comply
with the requirements of section 209.
• Sections 215, 353, and 752
violate the separation of powers required by article 3, section 2, among other
provisions of the Michigan Constitution of 1963, and are therefore
unenforceable.
• Sections 403 and 805, as well
as subsection (2) of section 386 and subsection (1) of section 804, violate
article 5, section 28 of the Michigan Constitution of 1963, and are therefore
unenforceable.
• Section 306 is unenforceable
to the extent that it assigns the auditor general powers and duties other than
those specified in article 4, section 53 of the Michigan Constitution of 1963.
• Finally, those provisions of
this bill that express merely the intent, advice, preferences, or wishes of the
legislature do not impose conditions upon appropriations and are non-binding.
Thank you for your attention to these matters.
Sincerely,
Gretchen
Whitmer
Governor
Senator MacGregor moved that further consideration of the bill be
postponed for today.
The motion prevailed.
The
following message from the Governor was received:
September 30, 2019
I have signed and filed with the secretary of
state Enrolled Senate Bill 134, which makes appropriations for community
colleges of the state, and for certain other purposes relating to education,
for the fiscal year ending September 30, 2020.
To provide direction regarding the
implementation of this appropriations act, I note that those provisions of this
bill that express merely the intent, advice, preferences, or wishes of the
legislature do not impose conditions upon appropriations and are non-binding.
Thank you for your attention to these matters.
Sincerely,
Gretchen
Whitmer
Governor
Messages from the House
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.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3),
ordered that it be given immediate effect and amended the title to read as
follows:
A bill to create a suicide prevention commission within the department
of health and human services and to prescribe its powers and duties; and to
prescribe the powers and duties of certain state officers and entities.
Pursuant
to rule 3.202, the bill was laid over one day.
By
unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
Senate
Bill No. 110
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 110, entitled
A bill to amend 1998 PA 386, entitled “Estates
and protected individuals code,” by amending section 5306 (MCL 700.5306), as
amended by 2004 PA 532.
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. 241 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: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator MacGregor moved that consideration of the following resolutions
be postponed for today:
Senate
Resolution No. 30
Senate
Resolution No. 38
Senate
Resolution No. 49
The motion prevailed.
Senator Stamas offered the following resolution:
Senate
Resolution No. 79.
A resolution to recognize the month of October
2019 as Michigan Library Appreciation Month.
Whereas, The Michigan Library
Association (MLA) annually designates the month of October as a statewide observance to celebrate the
contributions of Michigan’s libraries, librarians, and library professionals
to their communities and to promote library use and support; and
Whereas, Our state’s libraries,
including school, public, academic, and special libraries are vital
institutions and dynamic centers of lifelong learning that play a unique role
in ensuring the public’s right to know, while empowering people from all walks
of life to make informed decisions about the world around them; and
Whereas, Libraries play an
integral role as community, educational, and cultural centers that bring
together diverse populations and serve as important cornerstones in healthy
communities; and
Whereas, The most recent ideas
and information on a wide array of subjects are available in libraries, a
cost-effective means for providing education, training, and the opportunity for
self-improvement to all individuals without regard to age, race, income, or
socioeconomic background; and
Whereas, Libraries serve as a
vital connection to the people, places, and ideas of the world through books,
magazines, videos, and the internet and are also the primary point of online
access for people without computers at home, school, or work; and
Whereas, Indispensable
educational resources for children and teenagers are found in libraries, and
are often on the front lines in the battle against illiteracy offering plenty
of free activities, while providing safe, enriching entertainment for the whole
family; and
Whereas, Librarians and library
workers play key roles in helping people explore, imagine, and discover new
horizons in the vast world of information, knowledge, and entertainment; and
Whereas, Two-thirds of adult
Americans visit their local public libraries annually, with more than a billion
visits made each year by adults, and likewise by students to their school
libraries; and
Whereas,
Michigan’s libraries play a key role in the statewide and national discourse on
intellectual freedom, equity
of access, and narrowing the digital divide and are the very cornerstone of our
democracy; and
Whereas, Thousands of libraries
and library supporters across Michigan are celebrating Michigan Library
Appreciation Month this year; now, therefore, be it
Resolved by the Michigan Senate,
That the members of this legislative body recognize the month of October 2019
as Michigan Library Appreciation Month and encourage all citizens of Michigan
to visit their local library and explore the wide variety of cultural and
educational riches that libraries hold; and be it further
Resolved,
That we recognize Michigan’s librarians, library professionals, and supporters
for their contributions to
enrich their communities.
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the members
serving voting therefor.
Senators Bullock, Horn, MacDonald, Polehanki
and Santana were named co-sponsors of the resolution.
Senator Santana offered the following
resolution:
Senate
Resolution No. 80.
A resolution to urge the United States
Congress to increase funding for sickle cell disease research.
Whereas, Sickle cell disease
(SCD) is a disabling inherited blood disorder that causes the production of
abnormally shaped (sickled) red blood cells that can stick together and block
the flow of blood and oxygen. SCD leads to severe medical problems, including
unpredictable episodes of excruciating pain, organ damage, anemia, increased
susceptibility to infection, stroke, and decreased life span; and
Whereas, SCD poses a serious
threat to public health. SCD affects approximately 100,000 individuals in the
United States, including 1,000 babies born each year. The disease
disproportionately impacts people of African, Middle Eastern, and South
American descent. In 2016, there were approximately 134,000 hospital inpatient
stays and nearly 250,000 emergency department visits related to SCD, both
leading to increased medical costs; and
Whereas, There is no universal
cure for SCD. Stem cell transplantation is currently the only cure, and it is
not necessarily appropriate for all SCD patients. There have been advancements
in treating the complications of SCD, but more research is needed to study
emerging treatments, including therapies to address the underlying cause of the
disease; and
Whereas, SCD research is
underfunded compared to other rare inherited diseases, such as cystic fibrosis.
Additional funding for SCD research is imperative to identify new treatments
and cures to help patients with SCD and address the public health risks posed
by the disease; now, therefore, be it
Resolved
by the Senate, That we urge the United States Congress to increase funding for
sickle cell disease research; and be it further
Resolved,
That copies of this resolution be transmitted to the President of the United
States Senate, the Speaker of the United States House of Representatives, and
members of the Michigan congressional delegation.
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on the adoption of the
resolution,
Senator MacGregor moved that the resolution be
referred to the Committee on Health Policy and Human Services.
The motion prevailed
Senators Bullock and Horn was named co-sponsors of the resolution.
Introduction and Referral of
Bills
Senators Wojno,
Hollier, Outman, Irwin, Polehanki and Ananich introduced
Senate Bill No. 538,
entitled
A bill to amend 1967
PA 150, entitled “Michigan military act,” by amending section 411 (MCL 32.811),
as amended by 2000 PA 472.
The bill was read a
first and second time by title and referred to the Committee on Appropriations.
Senator Bizon introduced
A bill to amend 1973 PA 116,
entitled “An act to provide for the protection of children through the
licensing and regulation of child care organizations; to provide for the
establishment of standards of care for child care organizations; to prescribe
powers and duties of certain departments of this state and adoption
facilitators; to provide penalties; and to repeal acts and parts of acts,” by
amending sections 5d and 5k (MCL 722.115d and 722.115k), as amended by 2017 PA
256.
The bill was read a first and
second time by title and referred to the Committee on Families, Seniors, and
Veterans.
A bill to amend 2008 PA 525,
entitled “Fostering futures scholarship trust fund act,” by amending section 7b
(MCL 722.1027b), as added by 2014 PA 530.
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 Appropriations.
A bill to amend 1976 PA 442,
entitled “Freedom of information act,” by amending section 5 (MCL 15.235), as
amended by 2018 PA 105.
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 Oversight.
Announcements of Printing and Enrollment
The Secretary announced
the enrollment printing and presentation to the Governor on Thursday, September 26 for her approval the following bill:
Enrolled Senate Bill No. 149 at
11:38 a.m.
The Secretary announced
the enrollment printing and presentation to the Governor on Friday, September 27 for her approval the following bills:
Enrolled Senate Bill No. 137 at
9:59 a.m.
Enrolled Senate Bill No. 139 at
10:01 a.m.
Enrolled Senate Bill No. 138 at
11:31 a.m.
Enrolled Senate Bill No. 141 at
12:30 p.m.
Enrolled Senate Bill No. 134 at
12:32 p.m.
The Secretary announced
the enrollment printing and presentation to the Governor on Monday, September 30 for her approval the following bills:
Enrolled Senate Bill No. 447 at
9:16 a.m.
Enrolled Senate Bill No. 448 at
9:18 a.m.
Enrolled Senate Bill No. 450 at
9:20 a.m.
Enrolled Senate Bill No. 451 at
9:22 a.m.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Advice and Consent submitted
the following:
Meeting held on Thursday, September 26, 2019,
at 11:00 a.m., Room 1300, Binsfeld Office Building
Present: Senators Lucido (C), LaSata, Nesbitt
and Hertel
Excused: Senator McBroom
Scheduled Meetings
Economic and Small Business Development - Thursday, October 3, 12:00 noon, Room 1200, Binsfeld
Office Building (517) 373-1721
Health Policy and Human Services - Thursday, October 3, 1:00 p.m.,
Room 1100, Binsfeld Office Building (517)
373-5323
Judiciary and Public Safety - Thursday, October 3, 8:30 a.m., Room 1100, Binsfeld
Office Building (517) 373-5312
Local Government - Thursday, October 3, 1:30 p.m., Room 1200, Binsfeld Office Building
(517) 373‑5314
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 11:27
a.m.
The President, Lieutenant Governor Gilchrist,
declared the Senate adjourned until Thursday, October 3, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate