No. 47

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, May 15, 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 Assistant 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                             


 

Reverend Arnita M. Taylor of St. John African Methodist Episcopal Church of River Rouge offered the following invocation:

O, Lord, our Lord, how excellent is Thy name in all the earth. Great are the works of Thy hand, who has caused mighty wonders to be remembered. Glorious and majestic are Your deeds and Your righteousness endures forever. O God, when we ponder your ways, You are gracious and compassionate, kind, loving, and merciful. None else can compare to your excellent greatness. Thank You.

We give You thanks for strength, wisdom, hope, and unmerited favor. As this body of Senators assemble, we pray that the words spoken in implementing legislative policies will be for the betterment of all and not the self-seeking of some; that those whom the people of this great state Michigan have elected to represent them, will be mindful of their vow to serve rather than be served.

We pray that peace, justice, impartiality, equality, and integrity will prevail in the hearts and on the lips of those gathered here today.

And let unity be the byword of this chamber; for where unity abounds, strength will be evident.

May we all be mindful of Your command—that we love our neighbor as we love our self—for it is love that made us, it is love that will keep us, and it is love that will make the difference in everything that we do.

Hear our prayer, O God, and grant our petitions. In the Name that is above all names we pray. 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 Senators Ananich, Hertel and Hollier be temporarily excused from today’s session.

The motion prevailed.

 

 

Messages from the Governor

 

 

The following message from the Governor was received and read:

May 14, 2019

I am writing to inform you of my withdrawal of the following appointment submitted to your office on May 13, 2019 pursuant to Act 299 of 1980, MCL 339.302 and 339.2402:

Residential Builders’ and Maintenance and Alteration Contractors’ Board

Mr. Bradley Laackman of 3175 Cascade Road, S.E., Grand Rapids, Michigan 49506, county of Kent, reappointed to represent the general public for a term expiring March 31, 2023.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

 

Senator Hollier entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

Senator MacGregor moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 137

Senate Bill No. 145

Senate Bill No. 144

Senate Bill No. 142

Senate Bill No. 147

Senate Bill No. 135

Senate Bill No. 138

Senate Bill No. 149

Senate Bill No. 134

Senate Bill No. 136

Senate Bill No. 146

Senate Bill No. 140

The motion prevailed.

 

Senators Ananich and Hertel entered the Senate Chamber.

 

 

The following bill was read a third time:

Senate Bill No. 137, entitled

A bill 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.

The question being on the passage of the bill,

Senator McMorrow offered the following amendments:

1.  Amend page 16, line 3, by striking out “25,000,000” and inserting “37,500,000”.

2.  Amend page 16, line 8, by striking out “121,350,100” and inserting “133,850,100”.

3.  Amend page 16, line 12, by striking out “121,350,100” and inserting “133,850,100” and adjusting the subtotals, totals, and section 201 accordingly.

4.  Amend page 30, following line 13, by inserting:

     “Sec. 803. (1) From the $37,500,000.00 appropriated in part 1 for lead and copper rule implementation, funds shall be used for implementation of the lead and copper rule, including but not limited to, public and private lead service line replacement and support of local education efforts by the Water Supply Advisory Councils established in R 325.10410(7).

(2) From the $37,500,000.00 allocation, up to $1,000,000.00 will be allocated to local Water Supply Advisory Councils for public awareness and education efforts related to lead and other potential drinking water contaminants. Of the maximum $1,000,000.00 allocation, grants to Water Supply Advisory Councils shall not exceed $25,000.00 each. Of the remaining funds, grants will be issued for up to $2,000,000.00 for lead service line replacements in areas where the 90th percentile exceeds 10 parts per billion.”.

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. 78                                      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: President

Senator Moss offered the following amendments:

1.  Amend page 16, following line 7, by inserting:

     “Septic transition grants....................................................................                  2,000,000”.

2.  Amend page 16, line 8, by striking out “121,350,100” and inserting “123,350,100”.

3.  Amend page 16, line 12, by striking out “121,350,000” and inserting “123,350,000” and adjusting the subtotals, totals, and section 201 accordingly.

4.  Amend page 30, following line 13, by inserting:

     “Sec. 804. From the funds appropriated in part 1 for Septic transition grants, $2,000,000 shall be awarded for transitioning residents with failing septic systems to a city sanitary sewer system located in a county with a population of between 1,202,300 and 1,202,400 and in a city with a population of between 71,000 and 72,000 according to the most recent federal decennial census.”.

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. 79                                      Yeas—16

 

 

Alexander                          Bullock                    Hollier                                   Moss

Ananich                            Chang                      Irwin                                      Polehanki

Bayer                                Geiss                       McCann                                 Santana

Brinks                               Hertel                      McMorrow                             Wojno

 

 

                                                              Nays—21

 

 

Barrett                               LaSata                     McBroom                              Stamas

Bizon                                Lauwers                  Nesbitt                                   Theis

Bumstead                          Lucido                     Outman                                  VanderWall

Daley                                MacDonald              Runestad                                Victory

Horn                                 MacGregor              Schmidt                                 Zorn

Johnson                                                                                                         

 

 

                                                          Not Voting—1

 

 

Shirkey                                                                                                          

 

 

                                                            Excused—0

 

 

In The Chair: President

 

 

Senator MacGregor moved that Senator Shirkey be temporarily excused from today’s session.

The motion prevailed.

 

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. 20

The motion prevailed.

Senate Resolution No. 25.

A resolution to memorialize the Congress of the United States to continue full funding of the Great Lakes Restoration Initiative.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted.

The resolution as substituted was adopted.

 

 

Senators Wojno and McBroom asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Wojno’s statement is as follows:

Thank you for giving me the opportunity to speak in support of Senate Resolution No. 25 that urges Congress to fully fund the Great Lakes Restoration Initiative and makes sure it remains a priority in our federal budget.

As you may be aware the Great Lakes Restoration Initiative was created in 2010 with the mission to maintain the chemical, physical, biological integrity of the Great Lakes ecosystem. The United States Environmental Protection Agency is the lead federal agency for implementing and administering the Great Lakes Restoration Initiative and has received the authority to distribute federally appropriated funds.

With the EPA being identified as the lead agency, I appreciate the recommendations and substitute from my colleague from the 20th District that added language focused on clean-up efforts at some of our states most polluted sites. In addition, I appreciate the bipartisan support from my colleagues here in the Senate and the bipartisan support at the federal level.

With the Great Lakes containing 90 percent of the surface fresh water in the United States, there can be no doubt that we must all work together and do what we can to protect this valuable natural resource.

I appreciate your consideration and support.

 

Senator McBroom’s statement is as follows:

I too rise to speak in support of this resolution passing and appreciate the hard work of the Senator from the 9th District.

This is a great program for important environmental cleanups around the Great Lakes that we value so much, but over the years, this program has become too easily utilized for political purposes by folks who want to bring home some sort of great prize for their district and be able to wave the flag. I felt it was very important in the process in committee that we see that money returned once again to a real focus on doing cleanup and that metrics be established to make sure that that cleanup happens.

As Ronald Reagan said, the closest thing to eternal life on this earth is a government program. Without metrics to determine when this program completes its mission, it’s potentially an unending spending spree, and that’s not what it was ever meant to be. It needs to focus on areas of concern. It needs to focus on what needs to be done. I really appreciate the great work that I had with my committee and with the Senator from the 9th District to get this done and recommend to the Congress that they do spend the money on cleanup but that they keep it directed toward cleanup and measure the success rate.

I recommend support.

 

 

Senators Hertel, Lucido, Irwin, Bullock, Wojno, Ananich, McMorrow, Bumstead, Hollier, Alexander, Santana, Bayer, Polehanki, Moss, Chang and Geiss offered the following concurrent resolution:

Senate Concurrent Resolution No. 9.

A concurrent resolution to memorialize the Congress of the United States to enact legislation creating a “safe harbor” for financial institutions to provide financial services to marijuana-related businesses or service providers in states that have chosen to legalize the use of marijuana.

Whereas, Voters of the state of Michigan approved ballot proposals in 2008 and 2018, respectively allowing for the legal medical and recreational use and regulation of marijuana; and

Whereas, Marijuana is still criminalized under federal law, creating confusion and uncertainty in matters of enforcement, taxation, and banking. Because of the federal prohibition, there is an extreme risk to provide financial services to marijuana-related businesses and service providers, resulting in a cash-intensive industry. In turn, it is very difficult for such businesses to accept noncash payments from customers and make noncash payments to employees, suppliers, landlords, and others; and

Whereas, Within a short span of time, it will be nearly impossible for Michigan’s financial institutions to effectively discern whether client businesses are conducting transactions as or with marijuana-related businesses or service providers, creating unavoidable legal and regulatory risks; and

Whereas, The proliferation of cash in the marijuana industry has also given rise to significant public safety risks and logistical issues in Michigan’s communities. Holding large amounts of cash heightens the risk of robbery and violence. Dealing with all cash complicates paying employees and other businesses, remitting taxes, and other routine business matters; and

Whereas, Bringing marijuana-related monies into the traditional financial services system will create transparency, accountability, and heightened enforcement against illicit drug-related activities; and

Whereas, The Secure and Fair Enforcement (SAFE) Banking Act of 2019 has been introduced in the United States House of Representatives as H.R. 1595 to provide safe harbor from federal regulators for credit unions and banks providing financial services to marijuana-related businesses and service providers, so long as they do so in compliance with state laws and regulations. The measure has received bipartisan support. Other measures have been introduced to similar effect; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation creating a “safe harbor” for financial institutions to provide financial services to marijuana-related businesses or service providers in states that have chosen to legalize the use of marijuana; 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; the Chair and Ranking Member of the United States Senate Committee on Banking, Housing, and Urban Affairs; the Chair and Ranking Member of the United States House Committee on Financial Services; the Chair and Ranking Member of the United States House Committee on the Judiciary; and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

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 concurrent resolution,

Senator MacGregor moved that the concurrent resolution be referred to the Committee on Insurance and Banking.

The motion prevailed

Senators Brinks and McCann were named co-sponsors of the concurrent resolution.

 

 

Introduction and Referral of Bills

 

 

Senators MacGregor, Bizon, Lucido, Horn, LaSata, Barrett, Ananich, Hertel and VanderWall introduced

Senate Bill No. 320, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 207, 501, 536, 701, 703, 801, 803, 903, 1025, and 1027 (MCL 436.1207, 436.1501, 436.1536, 436.1701, 436.1703, 436.1801, 436.1803, 436.1903, 436.2025, and 436.2027), section 501 as amended by 2012 PA 82, section 536 as added by 2018 PA 408, section 701 as amended by 2010 PA 266, section 703 as amended by 2017 PA 89, section 801 as amended by 2008 PA 11, section 803 as amended by 2016 PA 105, section 903 as amended by 2010 PA 175, section 1025 as amended by 2017 PA 88, and section 1027 as amended by 2011 PA 219.

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

 

 

Senators LaSata, Barrett, Victory, Lauwers, Outman, Johnson, Lucido, Chang and VanderWall introduced

Senate Bill No. 321, entitled

A bill to amend 2004 PA 177, entitled “Michigan law enforcement officers memorial act,” by amending section 5 (MCL 28.785), as amended by 2013 PA 242.

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

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:28 a.m.

 

10:37 a.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

During the recess, Senator Shirkey entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No. 137, entitled

A bill 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.

(This bill was read a third time earlier today and amendments not adopted. See p. 501.)

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. 80                                      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.

 

 

Senators McMorrow and Brinks asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator McMorrow’s statement is as follows:

Colleagues, I’m asking for your support on an amendment to increase funding for clean up and replacement of lead and copper pipes to the recommended number from the initial executive budget proposal to ensure our state and all of our municipalities can successfully implement the Lead and Copper Rule signed into law by Governor Snyder in the wake of the Flint water crisis.

It’s been five years since we first learned about the tragedy in Flint, a tragedy that still plagues Flint residents and families dealing with the ramifications of leaded water.

But earlier this year, Benton Harbor began reporting elevated levels of lead in their drinking water. Unlike Flint, however, Benton Harbor didn’t change their water source. There, nothing had changed. The similarity? Lead water pipes. Something that all of our municipalities have around the state.

The more that we learn about the health impacts of lead, the message could not be any more clear. There is no amount of lead that is safe for human consumption. And it’s an issue facing every resident in our state.

Had we known then what we know now, would we have built our water infrastructure differently? Of course. But knowing what we know now, not doing everything we can to replace lead service lines is not an option.

Over the past few months, my municipalities in the 13th district have shared their concerns and challenges with implementing the Lead and Copper Rule. There are constitutional issues and it will be expensive.

If Oakland County is struggling, I know the rest of the state will too. Consider us the canary in the coal mine to the challenges and costs associated with fixing this issue the right way.

Increasing the funding to the Governor’s recommendation will allow all of our municipalities to not only implement this rule the right way, but provide for education to our residents to keep them informed without stoking fear of this crucial issue.

 

Senator Brinks’ statement is as follows:

Colleagues today I rise in support of Senate Bill No. 137, the Department of Environment, Great Lakes, and Energy budget, but it’s important to point out that this Senate budget is just the beginning of a conversation around PFAS contamination and what we are doing to address it.

The hardworking residents in West Michigan and families across our state who have faced the PFAS nightmare—they know all too well the consequences when the state cuts corners on drinking water safeguards and infrastructure. They’re living that nightmare every day.

I’m pleased that this budget includes funding to clean up toxic PFAS in our drinking water and that is one of the key reasons for my vote in supporting this budget today.

But this is just the first step and I hope one of many. Our state also will need more resources and personnel to identify, respond to, and end the growing threat from toxic PFAS and other contaminants this year and well into the future.

Parents should have the peace of mind that when they send their children to school, the water they drink is safe. Our families and communities deserve assurance of clean drinking water and pollution standards for toxic PFAS contamination that sets the strongest limit in the nation.

The people of this state asked us to come to the table to tackle our state’s toughest issues, including threats to our drinking water. And this budget, Senate Bill No. 137 is an important start, and I look forward to continuing this important work together.

 

 

The following bill was read a third time:

Senate Bill No. 145, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 81                                      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.

 

 

The following bill was read a third time:

Senate Bill No. 144, entitled

A bill 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.

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. 82                                      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.

 

 

The following bill was read a third time:

Senate Bill No. 142, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 83                                      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.

 

 

The following bill was read a third time:

Senate Bill No. 147, entitled

A bill 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.

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. 84                                      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.

The following bill was read a third time:

Senate Bill No. 135, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Hollier offered the following amendment:

1.  Amend page 31, line 23, by striking out all of subsection (7) and renumbering the remaining subsection.

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. 85                                      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: President

 

 

Senator Geiss offered the following amendment:

1.  Amend page 15, following line 14, by inserting:

     “Sec. 206a. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.”

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. 86                                      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: President

 

 

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. 87                                      Yeas—22

 

 

Barrett                               LaSata                     Nesbitt                                   Stamas

Bizon                                Lauwers                  Outman                                  Theis

Bumstead                          Lucido                     Runestad                                VanderWall

Daley                                MacDonald              Schmidt                                 Victory

Horn                                 MacGregor              Shirkey                                  Zorn

Johnson                             McBroom                                                             

 

 

                                                              Nays—16

 

 

Alexander                          Bullock                    Hollier                                   Moss

Ananich                            Chang                      Irwin                                      Polehanki

Bayer                                Geiss                       McCann                                 Santana

Brinks                               Hertel                      McMorrow                             Wojno

 

 

                                                            Excused—0

 

 

                                                          Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

Senators Hollier and Geiss asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hollier’s statement is as follows:

I’d like to bring your attention to what just happened recently. There was a U.S.-born Marine veteran from Grand Rapids who was picked up by ICE and it caused a great deal of issue in his family. It’s really unreasonable that we would have ICE detaining individuals who are U.S. citizens and that’s what happened.

In this budget, there’s boilerplate language that would prevent a community like Kent County from making reasonable accommodation to ensure that any actions like this are led with a warrant. I think it’s an incredibly reasonable request and we don’t believe that national politics around immigration should get in the way of local communities doing what’s necessary to protect their own residents and particularly those who have served honorably in the military.

I would ask that you support this amendment and remove this anti-immigration and anti-local control boilerplate language.

 

Senator Geiss’ statement is as follows:

I rise to offer an amendment to restore the Governor’s proposed boilerplate language. Section 206 would simply require the Corrections Department to take all reasonable steps to make sure that businesses in deprived and depressed communities compete for and complete contracts. The department already has many contracts for a wide variety of services and supplies but it doesn’t always offer them to businesses from disadvantaged areas.

I ask for the support of my colleagues on this amendment because it’s imperative that these businesses are given the opportunity to compete.

 

 

The following bill was read a third time:

Senate Bill No. 138, entitled

A bill 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 talent and economic development, and certain other state purposes for the fiscal year ending September 30, 2020; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

The question being on the passage of the bill,

Senator Irwin offered the following amendments:

1.  Amend page 3, line 14 after “positions” by striking out “531.0” and inserting “539.0”.

2.  Amend page 3, following line 16, by inserting:

     “Attorney general operations—494.0 FTE positions..............................                94,046,500”.

3.  Amend page 3, line 17, by striking out the balance of the line through line 24.

4.  Amend page 4, line 4, by striking out “100,746,000” and inserting “104,919,600”.

5.  Amend page 6, line 16, by striking out “35,964,500” and inserting “40,138,100” and adjusting the subtotals, totals, and section 201 accordingly.

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. 88                                      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: President

 

 

Senator Moss offered the following amendments:

1.  Amend page 7, following line 15, by inserting:

     “Civil rights operations—104.0 FTE positions......................................                14,208,000”.

2.  Amend page 7, line 16, by striking out the balance of the line through line 19.

3.  Amend page 7, line 22, by striking out “14,332,400” and inserting “15,651,900”.

4.  Amend page 8, line 6, by striking out “11,154,800” and inserting “12,474,300” and adjusting the subtotals, totals, and section 201 accordingly.

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. 89                                      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: President

 

 

Senator Irwin offered the following amendments:

1.  Amend page 14, line 7, by striking out “25,687,200” and inserting “25,876,700” and adjusting the subtotals, totals, and section 201 accordingly.

2.  Amend page 14, line 8, by striking out “9,215,500” and inserting “9,966,500” and adjusting the subtotals, totals, and section 201 accordingly.

3.  Amend page 15, line 1, by striking out “14,718,600” and inserting “15,542,700” and adjusting the subtotals, totals, and section 201 accordingly.

4.  Amend page 15, line 15, by striking out “90,699,200” and inserting “91,450,900” and adjusting the subtotals, totals, and section 201 accordingly.

5.  Amend page 17, line 3, by striking out “5,276,700” and inserting “7,577,000” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator 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. 90                                      Yeas—17

 

 

Alexander                          Chang                      Irwin                                      Moss

Ananich                            Geiss                       Johnson                                 Polehanki

Bayer                                Hertel                      McCann                                 Santana

Brinks                               Hollier                     McMorrow                             Wojno

Bullock                                                                                                          

 

 

                                                              Nays—21

 

 

Barrett                               Lauwers                  Nesbitt                                   Stamas

Bizon                                Lucido                     Outman                                  Theis

Bumstead                          MacDonald              Runestad                                VanderWall

Daley                                MacGregor              Schmidt                                 Victory

Horn                                 McBroom                Shirkey                                  Zorn

LaSata                                                                                                            

 

 

                                                            Excused—0

 

 

                                                          Not Voting—0

 

 

In The Chair: President

 

 

Senator Moss offered the following amendments:

1.  Amend page 30, line 25, by striking out “255,156,000” and inserting “262,810,700”.

2.  Amend page 31, line 1, by striking out “178,635,300” and inserting “184,732,800”.

3.  Amend page 31, line 2, by striking out “2,500,000” and inserting “5,000,000”.

4.  Amend page 31, line 3, by striking out “1,366,155,700” and inserting “1,382,407,900” and adjusting the subtotals, totals, and section 201 accordingly.

5.  Amend page 119, line 8, by striking out “100.0%” and inserting “103.0%”.

6.  Amend page 123, line 9, by striking out “102.4627%” and inserting “105.277%”.

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. 91                                      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: President

 

 

Senator Santana offered the following amendments:

1.  Amend page 20, line 19, by striking out “47,622,600” and inserting “48,837,400” and adjusting the subtotals, totals, and section 201 accordingly.

2.  Amend page 23, following line 21, by inserting:

     “Michigan public safety communications system..................................                  5,878,900”

and adjusting the subtotals, totals, and section 201 accordingly.

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. 92                                      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: President

 

 

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. 93                                      Yeas—21

 

 

Barrett                               Lauwers                  Nesbitt                                   Stamas

Bizon                                Lucido                     Outman                                  Theis

Bumstead                          MacDonald              Runestad                                VanderWall

Daley                                MacGregor              Schmidt                                 Victory

Horn                                 McBroom                Shirkey                                  Zorn

LaSata                                                                                                            

 

 

                                                              Nays—17

 

 

Alexander                          Chang                      Irwin                                      Moss

Ananich                            Geiss                       Johnson                                 Polehanki

Bayer                                Hertel                      McCann                                 Santana

Brinks                               Hollier                     McMorrow                             Wojno

Bullock                                                                                                          

 

 

                                                            Excused—0

 

 

                                                          Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 149, entitled

A bill 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.

The question being on the passage of the bill,

Senator Hollier offered the following amendment:

1.  Amend page 36, following line 17, by inserting “On or before May 1 of each year and in anticipation of the annual consensus revenue estimating conference, the department shall submit a report to the senate and house appropriation subcommittees on transportation, the senate and house full appropriations committees, the senate and house fiscal agencies, and the director of the state budget office. The report shall estimate how much of the current trunkline road system is in good or fair condition and estimate the amount of state trunkline funds required to improve or maintain the trunkline road system to 90% in good or fair condition.”.

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. 94                                      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: President

 

 

Senator Chang offered the following amendments:

1.  Amend page 12, following line 23, by inserting:

     “Van Horn road railroad grade separation project..................................                12,000,000”.

2.  Amend page 12, line 27, by striking out “132,000,000” and inserting “144,000,000” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator 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. 95                                      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: President

 

 

Senator Bayer offered the following amendments:

1.  Amend page 12, following line 23, by inserting:

     “North Oakland transit authority expanded service................................                    170,000”.

2.  Amend page 12, line 26, by striking out “17,000,000” and inserting “17,170,000”. and adjusting the subtotals, totals, and section 201 accordingly

3.  Amend page 42, following line 9, by inserting:

     “Sec. 1003. The one-time appropriation for the North Oakland transit authority in part one shall be a grant to the North Oakland transit authority for the purpose of purchasing a downtown trolley and the development of a fixed route between Oxford and Orion.”.

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. 96                                      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: President

 

 

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. 97                                      Yeas—22

 

 

Barrett                               LaSata                     Nesbitt                                   Stamas

Bizon                                Lauwers                  Outman                                  Theis

Bumstead                          Lucido                     Runestad                                VanderWall

Daley                                MacDonald              Schmidt                                 Victory

Horn                                 MacGregor              Shirkey                                  Zorn

Johnson                             McBroom                                                             

 

 

                                                              Nays—16

 

 

Alexander                          Bullock                    Hollier                                   Moss

Ananich                            Chang                      Irwin                                      Polehanki

Bayer                                Geiss                       McCann                                 Santana

Brinks                               Hertel                      McMorrow                             Wojno

 

 

                                                            Excused—0

 

 

                                                          Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

Senators Hollier, Chang and Bayer asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hollier’s statement is as follows:

My amendment is simple. It seeks to add clarity and to take the politics out of road funding. It seeks to set a target of 90 percent for funding to ensure that our roads are funded at a 90-percent level. It does not add any indication that that’s what we’ll meet, but it just asks us to set a target amount. It asks that that be done during the Consensus Revenue Estimating Conference; at a time when we take the politics out of revenue, this is a perfect time to take the politics out of what is necessary to fix the roads. I’d ask that my colleagues support this amendment that very simply says that the Department of Transportation will present to the Senate Fiscal Agency, the House Fiscal Agency, and the State Budget Office at a time when they’re looking at new revenue, to set a target on how much revenue is necessary to solve this problem.

 

Senator Chang’s statement is as follows:

I rise for your support on a matter of public safety. For years, elected officials and residents from my district have sought to improve a railroad crossing that has become a huge public safety problem Downriver. My amendment proposes an appropriation to build a grade separation at the Van Horn Road rail crossing in Woodhaven where folks have been left stuck in backed-up, stopped traffic on both sides of the tracks for roughly two hours. The train can, at times, block the path to the hospital and is a cause for concern not just for drivers but also for emergency responders. The residents I serve have not seen any resolution to this decades-old problem and I’d like to restore some hope for them that we can find a way to fix this, especially before a federal earmark goes away this fall because that’s what we should be here to do. I ask for your support.

 

Senator Bayer’s statement is as follows:

Colleagues, this amendment would provide a nominal one-time capital investment for the North Oakland Transit Authority.

Since 2001, this authority has provided demand response to seniors, disabled and low-income residents in Orion, Oxford and Addison Townships, paid for with a local millage.

The North Oakland Transit Authority is requesting funding to expand services to include a seasonal route running between Oxford and Orion villages.

Both Orion and Oxford have been leveraging the Main Street program and their own community efforts to bring new life into these small villages, expanding downtowns with new restaurants, shopping and more.

This new service would bring an economic boost to the communities, adding to the regional draw these downtowns have started to become, helping to promote local businesses, and alleviating traffic and parking challenges in these growing villages.

The service, once implemented, would be self-supporting through ride fees, special events and more.

I ask for your support in getting this capital funding over the finish line. Thank you.

 

 

The following bill was read a third time:

Senate Bill No. 134, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 201a, 206, 207a, 207b, 207c, 209, 209a, 210b, 210f, 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, 388.1825, 388.1829a, and 388.1830), sections 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 225, 229a, and 230 as amended and sections 209a and 210f as added by 2018 PA 265.

The question being on the passage of the bill,

Senator Brinks offered the following substitute:

Substitute (S-4).

The substitute 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 substitute was not adopted, a majority of the members serving not voting therefor, as follows:

 

 

Roll Call No. 98                                      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: President

 

 

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. 99                                      Yeas—20

 

 

Bizon                                LaSata                     McBroom                              Stamas

Bumstead                          Lauwers                  Nesbitt                                   Theis

Daley                                Lucido                     Outman                                  VanderWall

Horn                                 MacDonald              Schmidt                                 Victory

Johnson                             MacGregor              Shirkey                                  Zorn

 

 

                                                              Nays—18

 

 

Bayer                                Hertel                      Moss                                     Wojno

Brinks                               Hollier                                                                  

Alexander                          Bullock                    Irwin                                      Polehanki

Ananich                            Chang                      McCann                                 Runestad

Barrett                               Geiss                       McMorrow                             Santana

 

 

                                                            Excused—0

 

 

                                                          Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

Senator Brinks asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Brinks’ statement is as follows:

Colleagues, I rise and offer this amendment to the community college budget to restore the Governor’s recommendation on operations funding.

Every student in our state deserves multiple pathways to a good paying job. For too many who want to attend a college or university, tuition fees and other basic expenses make that dream impossible.

The 28 community colleges in Michigan, like Grand Rapids Community College, play an important role in preparing individuals for success in the workplace or for further education.

Investing in college operations will help institutions keep the overall costs down and hold the line on tuition for more than 300,000 students who attend a community college in our state.

College shouldn’t only be accessible for those who are fortunate enough to pay out of pocket, or for those who have the credit history to take out loans.

And students and families who must rely on loans to afford their education shouldn’t be buried in mountains of debt for decades, just to earn a degree in their chosen field. A level of education more necessary than ever for today’s jobs.

Post-secondary education should be accessible to every student and family. And community colleges are an essential part of growing our economy and economic opportunity for all.

Thank you and I ask for your support for my amendment.

 

 

The following bill was read a third time:

Senate Bill No. 136, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Bayer offered the following amendments:

1.  Amend page 5, line 24, by striking out “218,400,000” and inserting “232,000,000”.

2.  Amend page 6, line 5, by striking out “237,692,200” and inserting “251,292,200” and adjusting the subtotals, totals, and section 201 accordingly.

3.  Amend page 31, line 11, by striking out “130%” and inserting “140%”.

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. 100                                    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: President

 

 

Senator Chang offered the following amendments:

1.  Amend page 7, following line 15, by inserting:

     “Early childhood programming...........................................................                  1,500,000”.

2.  Amend page 7, line 23, by striking out “1,363,700” and inserting “2,863,700” and adjusting the subtotals, totals, and section 201 accordingly.

3.  Amend page 23, following line 13, by inserting:

     “Sec. 603. From the funds appropriated in part 1 for early childhood programming, the department shall award funding to a public television provider that works in connection with school districts and intermediate school districts to develop and expand education programming to support education providers that covers at least a first class school district as defined in section 6 of the state school aid act of 1979, 1979 PA 94, MCL 388.1606.”.

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. 101                                    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: President

 

 

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. 102                                    Yeas—22

 

 

Barrett                               LaSata                     Nesbitt                                   Stamas

Bizon                                Lauwers                  Outman                                  Theis

Bumstead                          Lucido                     Runestad                                VanderWall

Daley                                MacDonald              Schmidt                                 Victory

Horn                                 MacGregor              Shirkey                                  Zorn

Johnson                             McBroom                                                             

 

 

                                                              Nays—16

 

 

Alexander                          Bullock                    Hollier                                   Moss

Ananich                            Chang                      Irwin                                      Polehanki

Bayer                                Geiss                       McCann                                 Santana

Brinks                               Hertel                      McMorrow                             Wojno

 

 

                                                            Excused—0

 

 

                                                          Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

Protests

 

 

Senators Bayer and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 136.

Senator Bayer moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Bayer’s statement, in which Senator Ananich concurred, is as follows:

I rise to give my “no” vote explanation to the proposed education budget.

The proposal from this chamber falls short of providing the necessary educational services and programs that all children deserve, regardless of their parents’ income, and that our teachers and schools need to thrive. For Michigan to succeed, we need everyone on board. We need a diverse set of minds.

While I appreciate that most of what the Governor had proposed is still intact, there are some critical components missing. Child care is a lifeline for working families, especially those living paycheck-to-paycheck.

I simply cannot endorse this particular budget at this time because it’s just not good enough and doesn’t supply our teachers and schools with the funding they need.

I urge my colleagues to vote “no” on this.

 

 

Senators Bayer and Chang asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Bayer’s statement is as follows:

My amendment reinstates the Governor’s proposed threshold for child care reimbursement to families living at 140 percent of the federal poverty line.

Child care, as so many of us know, is just one of the many expenses parents face when it comes to caring for their children.

In Michigan, the average annual cost of infant care is $9,882, or $824 per month.

And under the recently revised minimum wage law, that’s more than half the gross monthly income of an individual who works 40 hours a week to put food on the table.

If our young adults are going to be saddled with student loan debt, then saddled again with a nearly equivalent cost for child care, we’ll never see economic progress as a state.

Colleagues, I ask for your support of this amendment.

 

Senator Chang’s statement is as follows:

I rise to ask for your support on an amendment to offer additional funding for PBS here in Michigan. We need to make sure that every single one of our children are ready for kindergarten and we know that some parents, childcare providers, and educators need more support to make this a reality. PBS offers early childhood development programming and educational shows for toddlers and preschoolers that aren’t aired on other stations. This investment would support workshops for young children and their parents, for early literacy, math, and science. It would support training for educators and it would ensure 100 percent statewide coverage for PBS Kids. Thank you so much, and I urge your support for this amendment.

 

 

Senator MacGregor moved that the following bill be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 140

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 140, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236a, 236c, 241, 245, 251, 252, 256, 263, 264, 265, 265a, 265b, 265c, 265d, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 (MCL 388.1836, 388.1836a, 388.1836c, 388.1841, 388.1845, 388.1851, 388.1852, 388.1856, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865c, 388.1865d, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, and 388.1889), sections 236, 236a, 236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended and sections 265b, 265c, and 265d as added by 2018 PA 265 and section 265 as amended by 2018 PA 586, and by adding section 275d; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Hertel offered the following substitute:

Substitute (S-4).

The substitute 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 substitute was not adopted, a majority of the members serving not voting therefor, as follows:

 

 

Roll Call No. 103                                    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: President

 

 

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. 104                                    Yeas—20

 

 

Bizon                                LaSata                     McBroom                              Stamas

Bumstead                          Lauwers                  Nesbitt                                   Theis

Daley                                Lucido                     Outman                                  VanderWall

Horn                                 MacDonald              Schmidt                                 Victory

Johnson                             MacGregor              Shirkey                                  Zorn

 

 

                                                              Nays—18

 

 

Alexander                          Bullock                    Irwin                                      Polehanki

Ananich                            Chang                      McCann                                 Runestad

Barrett                               Geiss                       McMorrow                             Santana

Bayer                                Hertel                      Moss                                     Wojno

Brinks                               Hollier                                                                  

 

 

                                                            Excused—0

 

 

                                                          Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

Senator MacGregor moved that rule 2.107 be suspended to allow committees to meet during Senate session.

The motion prevailed, a majority of the members serving voting therefor.

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess until 1:45 p.m.

The motion prevailed, the time being 11:53 a.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the Associate President pro tempore, Senator Bullock.

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 1:46 p.m.

 

1:59 p.m.

 

The Senate was called to order by the President pro tempore, Senator Nesbitt.

 

 

The following bill was read a third time:

Senate Bill No. 146, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61c, 61d, 61f, 62, 65, 67, 74, 74a, 81, 94, 94a, 95a, 98, 99h, 99s, 99t, 99u, 99v, 99x, 101, 102d, 104, 104d, 107, 147, 147a, 147c, 147e, 152a, and 152b (MCL 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1661f, 388.1662, 388.1665, 388.1667, 388.1674, 388.1674a, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1699u, 388.1699v, 388.1699x, 388.1701, 388.1702d, 388.1704, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1747e, 388.1752a, and 388.1752b), sections 4 and 8b as amended by 2017 PA 108, sections 6, 11, 18, 31a, 31j, 32d, 35a, 39a, 99h, 99u, and 101 as amended and sections 31n, 61f, 74a, and 99x as added by 2018 PA 586, sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31b, 31d, 31f, 32p, 39, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 65, 67, 74, 81, 94, 94a, 98, 99s, 99t, 102d, 104, 104d, 107, 147, 147a, 147c, 147e, 152a, and 152b as amended and sections 22p, 54d, 61d, and 99v as added by 2018 PA 265, and section 95a as amended by 2015 PA 85, and by adding sections 67a, 97, and 99z; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Bayer offered the following amendments:

1.  Amend page 49, line 19, after “is” by striking out “$8,544.00.” and inserting “$8,529.00.”.

2.  Amend page 49, line 20, after “is” by striking out “$8,141.00.” and inserting “$8,051.00.”.

3.  Amend page 55, line 13, after “subsection.” by inserting “Beginning in 2019-2020, for pupils in membership in a public school academy that was issued a contract under section 552 of the revised school code, mcl 380.552, to operate as a school of excellence that is a cyber school, the allocation calculated under this section is an amount equal to 80% of the amount as would otherwise be calculated under this subsection for the public school academy.”.

4.  Amend page 77, line 2, by striking out “$4,530,000,000.00” and inserting “$4,401,000,000.00”.

5.  Amend page 85, following line 9, by inserting:

     “Sec. 22n. (1) From the appropriation in section 11, there is allocated an amount not to exceed $11,000,000.00 for 2018-20192019-2020 for additional payments to districts for the higher instructional costs of educating high school pupils.

(2) A district is eligible for a payment under this section if it educates pupils in 1 or more of grades 9 to 12.

(3) The payment to each eligible district under this section shall beIS an amount equal to $25.00 multiplied by the district’s total pupil membership in grades 9 to 12 as calculated under section 6 for the current fiscal year. If the allocation under subsection (1) is insufficient to fully fund payments under this subsection, the department shall prorate payments under this section on an equal per-pupil basis.”.

6.  Amend page 98, following line 23, by inserting:

     Sec. 28. (1) From the appropriation in section 11, there is allocated an amount not to exceed $794,000,000.00 for 2019-2020 to provide additional resources to districts and intermediate districts for costs associated with providing instruction to higher-needs pupils and to make payments based on the weighted per-pupil education funding model under this section.

(2) Beginning in 2019-2020, there is implemented a weighted per-pupil education funding model that provides for a per-pupil base amount for all districts and adds weights for additional resources to serve higher-needs pupils who require special education services, are academically at risk, or are receiving career and technical education programming. A district’s base amount per pupil is equal to the district’s foundation allowance calculated under section 20 and paid out under sections 22a and 22b. Funds allocated under this section must be spent on resources that are shown through research and best practice to improve student learning.

(3) From the allocation in subsection (1), there is allocated an amount not to exceed $120,000,000.00 for payments to districts and intermediate districts to increase the level of reimbursement of costs associated with providing special education services required under state and federal statutes.

(a) A district’s or intermediate district’s allocation under this subsection is equal to the level percentage multiplied by each district’s or intermediate district’s costs reported to the center on the special education actual cost report, known as “SE-4096” as referred to under section 18(6), as approved by the department. The total reimbursement under this subsection and under section 51c shall not exceed the total reported costs for a district or intermediate district. For the purposes of this subsection, “the level percentage” means an amount equal to the allocation in subsection (2) divided by the total of costs reported to the center on the special education actual cost report, known as “SE‑4096” as referred to under section 18(6), as approved by the department. For 2019-2020, the level percentage is estimated at 4.0%.

(b) On a statewide basis, the allocation under this subsection and under sections 51a and 51c to reimburse districts and intermediate districts for 28.6138% of total approved costs of special education are estimated to provide an additional amount per full-time equated special education pupil equal to 92% of the foundation allowance amount paid to districts and intermediate districts for special education pupils.

(4) From the allocation in subsection (1), there is allocated an amount not to exceed $619,000,000.00 to implement a weighted foundation per-pupil payment for districts enrolling economically disadvantaged pupils. Payments under this subsection are made to districts for the purposes of ensuring that pupils are proficient in English language arts by the end of grade 3, that pupils are proficient in mathematics by the end of grade 8, that pupils are attending school regularly, and that high school graduates are career and college ready. All of the following apply to payments under this subsection:

(a) A district’s allocation under this subsection for each membership pupil in the district who is determined to be economically disadvantaged, as reported to the center in the form and manner prescribed by the center not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year, is equal to 11% of the district’s foundation allowance as calculated in section 20, not to exceed the state minimum foundation allowance. It is intended that the statewide target percentage for all sources of funds be set at 35.0%. If funds allocated under this subsection are insufficient to fully fund the payments prescribed in this subsection, the department shall prorate those payments on an equal percentage basis.

(b) For a district that has combined state and local revenue per membership pupil under section 20 that is greater than the target foundation allowance under section 20 for the current fiscal year, the allocation under this subsection is an amount equal to 50% of the allocation for which it would otherwise be eligible under this subsection, before any proration under subdivision (a).

(c) For a district that began operations after the pupil membership count day of the immediately preceding school year, the allocation under this subsection for each membership pupil in the district who is determined to be economically disadvantaged, as reported to the center in the form and manner prescribed by the center not later than the fifth Wednesday after the pupil membership count day of the current fiscal year, is an amount equal to the same percentage as paid in subdivision (a) of the district’s foundation allowance as calculated in section 20, not to exceed the state minimum foundation allowance.

(d) Payments under this subsection are subject to a district’s compliance with the requirements described in section 31a. A district shall use the payments for the purposes described in section 31a. In addition, a district shall use funds under this subsection to show progress toward meeting the following goals:

(i) providing at least 1 tutor per every 100 economically disadvantaged pupils enrolled in the district.

(ii) providing at least 1 pupil support position - including behavior specialists, reading support experts, and counselors - per every 125 economically disadvantaged pupils enrolled in the district.

(iii) providing at least 1 summer school teaching position per every 120 economically disadvantaged pupils enrolled in the district.

(iv) expanding professional development opportunities for teachers.

(v) providing additional supports for students on the completion of the free application for federal student aid (FAFSA).

(e) as used in this subsection, “economically disadvantaged” means that term as defined in section 31a.

(5) From the allocation in subsection (1), there is allocated an amount not to exceed $55,000,000.00 to implement a weighted foundation per-pupil payment for districts with pupils enrolled in career and technical education programs. A school of excellence that is a cyber school, as defined in section 551 of the revised school code, mcl 380.551, is not eligible for funding under this subsection. All of the following apply to allocations under this subsection:

(a) A district’s allocation under this subsection for each pupil in the district who is in grades 9 to 12, who is counted in membership in the district, and who is enrolled in at least 1 career and technical education program in the career pathway identified by the student on the student’s educational development plan, excluding those pupils enrolled in districts in accordance with section 166b and counted in membership under section 6, is 6% of the district’s foundation allowance as calculated in section 20, not to exceed the state minimum foundation allowance. It is intended that the statewide target percentage for all sources of funds be set at 10.0%. If funds allocated under this subsection are insufficient to fully fund the payments prescribed in this subsection, the department shall prorate those payments on an equal percentage basis.

(b) As used in this subsection, “career and technical education program” means a state-approved career and technical education program, as determined by the department.

(c) Payments under this subsection are intended to support the hiring of additional career and technical education staff and career counselors; to update and maintain facilities, equipment, and materials related to career and technical education programming; and to expand the number of career and technical education programs available to students.”.

7.  Amend page 98, line 24, by striking out all of section 31a and inserting:

     “Sec. 31a. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2018-2019 an amount not to exceed $528,207,300.00 for payments to eligible districts and eligible public school academies for the purposes of ensuring that pupils are proficient in English language arts by the end of grade 3, that pupils are proficient in mathematics by the end of grade 8, that pupils are attending school regularly, that high school graduates are career and college ready, and for the purposes under subsections (7) and (8).

(2) For a district that has combined state and local revenue per membership pupil under sections 20 and 20m that is greater than the basic foundation allowance under section 20 for the current fiscal year, the allocation under this section shall be an amount equal to 30% of the allocation for which it would otherwise be eligible under this section before any proration under subsection (14).

(3) For a district or public school academy to be eligible to receive funding under this section, other than funding under subsection (7) or (8), section 28(4), the district or public school academy, for grades K to 12, shall comply with the requirements under section 1280f of the revised school code, MCL 380.1280f, and shall use resources to address early literacy and numeracy, and for at least grades K to 12 or, if the district or public school academy does not operate all of grades K to 12, for all of the grades it operates, must implement a multi-tiered system of supports that is an evidence-based framework that uses data-driven problem solving to integrate academic and behavioral instruction and that uses intervention delivered to all pupils in varying intensities based on pupil needs. The multi-tiered system of supports described in this subsection must provide at least all of the following essential components:

(a) Team-based leadership.

(b) A tiered delivery system.

(c) Selection and implementation of instruction, interventions, and supports.

(d) A comprehensive screening and assessment system.

(e) Continuous data-based decision making.

(4) Except as otherwise provided in this subsection, an eligible district or eligible public school academy shall receive under this section for each membership pupil in the district or public school academy who is determined to be economically disadvantaged, as reported to the center in the form and manner prescribed by the center not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year, an amount per pupil equal to 11.5% of the statewide weighted average foundation allowance. However, a public school academy that began operations as a public school academy after the pupil membership count day of the immediately preceding school year shall receive under this section for each membership pupil in the public school academy, who is determined to be economically disadvantaged, as reported to the center in the form and manner prescribed by the center not later than the fifth Wednesday after the pupil membership count day of the current fiscal year, an amount per pupil equal to 11.5% of the statewide weighted average foundation allowance.

(2) (5) Except as otherwise provided in this section, a district or public school academy receiving funding under this section 28(4) shall use that money only to provide instructional programs and direct noninstructional services, including, but not limited to, medical, mental health, or counseling services, for at-risk pupils; for school health clinics; and for the purposes of subsection (6), (7), or (8). (3), (4), OR (5). In addition, a district that is a school district of the first class or a district or public school academy in which at least 50% of the pupils in membership were determined to be economically disadvantaged in the immediately preceding state fiscal year, as determined and reported as described in subsection (4), section 28(4), may use not more than 20% of the funds it receives under this section 28(4) for school security that aligns to the needs assessment and the multitiered system of supports model. A district or public school academy shall not use any of that money for administrative costs. The instruction or direct noninstructional services provided under this section or section 28(4) may be conducted before or after regular school hours or by adding extra school days to the school year. Funds spent on school security under this subsection must be counted toward required spending under subsection (16)(c).(12)(C).

(3) (6) A district or public school academy that receives funds under this section 28(4) and that operates a school breakfast program under section 1272a of the revised school code, MCL 380.1272a, shall use from the funds received under this section 28(4) an amount, not to exceed $10.00 per pupil for whom the district or public school academy receives funds under this section 28(4) , necessary to pay for costs associated with the operation of the school breakfast program.

(4) (7) From the funds allocated under subsection (1), appropriated under section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed $6,057,300.00 to support primary health care services provided to children and adolescents up to age 21. These funds shall be expended in a form and manner determined jointly by the department and the department of health and human services. If any funds allocated under this subsection are not used for the purposes of this subsection for the fiscal year in which they are allocated, those unused funds shall be used that fiscal year to avoid or minimize any proration that would otherwise be required under subsection (14) for that fiscal year.

(5) (8) From the funds allocated under subsection (1), appropriated under section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed $5,150,000.00 for the state portion of the hearing and vision screenings as described in section 9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of the total cost of the screenings. The frequency of the screenings shall be as required under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan Administrative Code. Funds shall be awarded in a form and manner approved jointly by the department and the department of health and human services. Notwithstanding section 17b, the department shall make payments to eligible entities under this subsection shall be paid on a schedule determined by the department.

(6) (9) Each district or public school academy receiving funds under this section 28(4) shall submit to the department by July 15 of each fiscal year a report, in the form and manner prescribed by the department, that includes a brief description of each program conducted or services performed by the district or public school academy using funds under this section 28(4), the amount of funds under this section 28(4) allocated to each of those programs or services, the total number of at-risk pupils served by each of those programs or services, and the data necessary for the department and the department of health and human services to verify matching funds for the temporary assistance for needy families program. In prescribing the form and manner of the report, the department shall ensure that districts are allowed to expend funds received under this section 28(4) on any activities that are permissible under this section or section 28(4). If a district or public school academy does not comply with this subsection, the department shall withhold an amount equal to the August payment due under this section 28(4) until the district or public school academy complies with this subsection. If the district or public school academy does not comply with this subsection by the end of the state fiscal year, the withheld funds shall be forfeited to the school aid fund.

(7) (10) In order to receive funds under this section 28(4), a district or public school academy shall allow access for the department or the department’s designee to audit all records related to the program for which it receives those funds. The district or public school academy shall reimburse the state for all disallowances found in the audit.

(8) (11) Subject to subsections (6), (7), and (8), (3), (4), AND (5), for schools in which more than 40% of pupils are identified as at-risk, a district or public school academy may use the funds it receives under this section 28(4) to implement tier 1, evidence-based practices in schoolwide reforms that are guided by the district’s comprehensive needs assessment and are included in the district improvement plan. Schoolwide reforms must include parent and community supports, activities, and services, that may include the pathways to potential program created by the department of health and human services or the communities in schools program. As used in this subsection, “tier 1, evidence-based practices means research-based instruction and classroom interventions that are available to all learners and effectively meet the needs of most students.

(9) (12) A district or public school academy that receives funds under this section 28(4) may use up to 5% 10% of those funds to provide research-based professional development and to implement a coaching model that supports the multi-tiered system of supports framework. Professional development may be provided to district and school leadership and teachers and must be aligned to professional learning standards; integrated into district, school building, and classroom practices; and solely related to the following:

(a) Implementing the multi-tiered system of supports required in subsection (3) (1) with fidelity and utilizing the data from that system to inform curriculum and instruction.

(b) Implementing section 1280f of the revised school code, MCL 380.1280f, as required under subsection (3), (1), with fidelity.

(10) (13) A district or public school academy that receives funds under this section 28(4) may use THOSE funds received under this section to support instructional or behavioral coaches. Funds used for this purpose are not subject to the cap under subsection (12).(9).

(14) If necessary, and before any proration required under section 296, the department shall prorate payments under this section, except payments under subsection (7), (8), or (17), by reducing the amount of the allocation as otherwise calculated under this section by an equal percentage per district.

(11) (15) If a district is dissolved pursuant to under section 12 of the revised school code, MCL 380.12, the intermediate district to which the dissolved school district was constituent shall determine the estimated number of pupils that are economically disadvantaged and that are enrolled in each of the other districts within the intermediate district and provide that estimate to the department for the purposes of distributing funds under this section 28(4) within 60 days after the school district is declared dissolved.

(12) (16) Beginning in 2019-2020, if a district or public school academy does not demonstrate to the satisfaction of the department that at least 50% of economically disadvantaged at-risk pupils are proficient in English language arts by the end of grade 3 as measured by the state assessment for the immediately preceding school year, or have achieved at least 1 year’s growth in English language arts during grade 3 as measured by a local benchmark assessment for the immediately preceding school year, demonstrate to the satisfaction of the department that at least 50% of economically disadvantaged at-risk pupils are proficient in mathematics by the end of grade 8 as measured by the state assessment for the immediately preceding school year, or have achieved at least 1 year’s growth in mathematics during grade 8 as measured by a local benchmark assessment for the immediately preceding school year, and demonstrate to the satisfaction of the department improvement over each of the 3 immediately preceding school years in the percentage of economically disadvantaged at‑risk pupils that are career- and college-ready as determined by proficiency on the English language arts, mathematics, and science content area assessments on the grade 11 summative assessment under section 1279g(2)(a) of the revised school code, MCL 380.1279g, the district or public school academy shall ensure all of the following:

(a) The district or public school academy shall determine the proportion of economically disadvantaged at-risk pupils in grade 3 that represents the number of economically disadvantaged at-risk pupils in grade 3 that are not proficient in English language arts by the end of grade 3, or that did not achieve at least 1 year’s growth in English language arts during grade 3, and the district or public school academy shall expend that same proportion multiplied by 1/3 of its total at-risk funds economically disadvantaged per-pupil payment under this section 28(4) on tutoring interventions and other methods of improving grade 3 English language arts proficiency or growth.

(b) The district or public school academy shall determine the proportion of economically disadvantaged at-risk pupils in grade 8 that represents the number of economically disadvantaged at-risk pupils in grade 8 that are not proficient in mathematics by the end of grade 8, or that did not achieve at least 1 year’s growth in mathematics during grade 8, and the district or public school academy shall expend that same proportion multiplied by 1/3 of its total at-risk funds economically disadvantaged per-pupil payment under this section 28(4) on tutoring interventions and other methods of improving grade 8 mathematics proficiency or growth.

(c) The district or public school academy shall determine the proportion of economically disadvantaged at-risk pupils in grade 11 that represents the number of economically disadvantaged at-risk pupils in grade 11 that are not career- and college-ready as measured by the student’s score on the English language arts, mathematics, and science content area assessments on the grade 11 summative assessment under section 1279g(2)(a) of the revised school code, MCL 380.1279g, and the district or public school academy shall expend that same proportion multiplied by 1/3 of its total at-risk funds economically disadvantaged per-pupil payment under this section 28(4) on tutoring interventions and other activities to improve scores on the college entrance examination portion of the Michigan merit examination.

(17) From the funds allocated under subsection (1), there is allocated for 2018-2019 an amount not to exceed $18,000,000.00 for payments to districts and public school academies that otherwise received an allocation under this section in 2018-2019 and that allocation was less than the district’s or public school academy’s allocation under this section in 2017-2018. The allocation for each district or public school academy under this subsection is an amount equal to its allocation under this section in 2017-2018 minus its allocation as otherwise calculated under this section for 2018-2019. If necessary, and before any proration required under section 296, the department shall prorate payments under this subsection by reducing the amount of the allocation as otherwise calculated under this subsection by an equal percentage per district or public school academy.

(13) (18) A district or public school academy that receives funds under this section 28(4) may use those funds received under this section to provide an anti-bullying or crisis intervention program.

(14) (19) The department shall collaborate with the department of health and human services to prioritize assigning Pathways to Potential Success coaches to elementary schools that have a high percentage of pupils in grades K to 3 who are not proficient in English language arts, based upon state assessments for pupils in those grades.

(15) (20) As used in this section:

(a) “At-risk pupil” means a pupil in grades K to 12 for whom the district has documentation that the pupil meets any of the following criteria:

(i) The pupil is economically disadvantaged.

(ii) The pupil is an English language learner.

(iii) The pupil is chronically absent as defined by and reported to the center.

(iv) The pupil is a victim of child abuse or neglect.

(v) The pupil is a pregnant teenager or teenage parent.

(vi) The pupil has a family history of school failure, incarceration, or substance abuse.

(vii) The pupil is an immigrant who has immigrated within the immediately preceding 3 years.

(viii) The pupil did not complete high school in 4 years and is still continuing in school as identified in the Michigan cohort graduation and dropout report.

(ix) For pupils for whom the results of the state summative assessment have been received, is a pupil who did not achieve proficiency on the English language arts, mathematics, science, or social studies content area assessment.

(x) Is a pupil who is at risk of not meeting the district’s or public school academy’s core academic curricular objectives in English language arts or mathematics, as demonstrated on local assessments.

(b) “Economically disadvantaged” means a pupil who has been determined eligible for free or reduced-price meals as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769j; who is in a household receiving supplemental nutrition assistance program or temporary assistance for needy families assistance; or who is homeless, migrant, or in foster care, as reported to the center.

(c) “English language learner” means limited English proficient pupils who speak a language other than English as their primary language and have difficulty speaking, reading, writing, or understanding English as reported to the center.

(d) “Statewide weighted average foundation allowance” means the number that is calculated by adding together the result of each district’s or public school academy’s foundation allowance or per pupil payment calculated under section 20 multiplied by the number of pupils in membership in that district or public school academy, and then dividing that total by the statewide number of pupils in membership. For the purposes of this calculation, a district’s foundation allowance shall not exceed the basic foundation allowance under section 20 for the current state fiscal year.”.

8.  Amend page 183, line 9, by striking out all of subsection (18).

9.  Amend page 305, line 5, after “20m,” by striking out “22n,”.

10. Amend page 305, line 5, after “35b,” by inserting “61d,”.

11. Amend page 305, line 7, after “388.1620m,” by striking out “388.1622n,”.

12. Amend page 305, line 8, after “388.1635b,” by inserting “388.1661d,” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator 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. 105                                    Yeas—16

 

 

Alexander                          Bullock                    Hollier                                   Moss

Ananich                            Chang                      Irwin                                      Polehanki

Bayer                                Geiss                       McCann                                 Santana

Brinks                               Hertel                      McMorrow                             Wojno

 

 

                                                              Nays—22