STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Wednesday, July 10, 2019.
10:00 a.m.
Pursuant to rule 1.101, in the absence of the Presiding
Officers, the Senate was called to order by the Secretary of the Senate.
Motions and Communications
The
following communications were received and read:
Office
of the Auditor General
June
28, 2019
Enclosed
is a copy of the following report:
• Report
on internal control, compliance, and other matters on the financial audit of
the State of Michigan Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2018
(071-0010-19)
July 1,
2019
Enclosed
is a copy of the following report:
• Single audit report for the State of
Michigan for the fiscal year ended September 30, 2018 (000‑0100‑19)
Sincerely,
Doug
Ringler
Auditor
General
The
audit reports were referred to the Committee on Oversight.
The
following communication was received:
Office
of the Secretary of the Senate
July 1,
2019
Pursuant
to Article 4, Section 33 of the Constitution of 1963, this is to inform you
that the Governor failed to return Enrolled Senate Bill No. 112 within the
14-day period.
The
time for approval or veto of the enrolled bill having expired at 10:17 a.m. on
July 1, 2019, and no message from the Governor having been received by the
Senate as to whether she had signed the bill, it has, pursuant to the
Constitution, become law without her signature.
Based
on the above, it should be noted on the official copy of Enrolled Senate Bill
No. 112 that it became law on July 1, 2019 without the signature of the
Governor.
Sincerely,
Margaret
O’Brien
Secretary
of the Senate
(Filed
with the Secretary of State on July 1, 2019, at 11:50 a.m.)
This
enrolled bill was assigned Public Act No. 41 of 2019 with immediate effect.
The
following communication was received:
Judicial
Tenure Commission
June
20, 2019
I am
pleased to present the 2018 Annual Report of the Michigan Judicial Tenure
Commission. This report informs the public and all branches of state government
about the Commission’s duties, operations, and actions.
The
Commission remains committed to fulfilling its responsibilities to the people
of the State of Michigan. It thanks its devoted and professional staff members
for their continued hard work and assistance. We hope the vigilant and
dedicated work of the Commission will preserve and promote the public’s confidence
in the integrity, independence, and fairness of the Michigan judiciary.
Very
truly yours,
Monte
Burmeister
Chairperson
For
the Commission
The
communication was referred to the Secretary for record.
The
following communications were received:
State
Budget Office
June
26, 2019
Transmitted
under this cover is a schedule entitled “Statement of Revenue Subject to
Constitutional Limitation - Legal Basis.” The statement is submitted pursuant
to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the
purpose of demonstrating compliance with Article 9, Sections 26 and 33 of the
Michigan Constitution for the fiscal year 2018.
The
computed amount of revenue subject to the constitutional limitation is $33.0
billion, which is $8.7 billion under the limit.
The
statement has been reviewed by the Office of the Auditor General and a copy of
the independent accountant’s review is enclosed.
If you
have questions regarding this report, please contact Mr. Michael J. Moody,
Director, Office of Financial Management, at 373-1010.
June
26, 2019
This
letter transmits the “Statement of the Proportion of Total State Spending From
State Sources Paid to Units of Local Government - Legal Basis” for fiscal year
2018, which has been prepared in accordance with Sections 18.1115(5),
18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan
Compiled Laws for the purpose of demonstrating compliance with Article 9,
Section 30 of the Michigan Constitution.
The
computed percentage of total state spending from state sources paid to local
governments for fiscal year 2018 is 55.25%, which is $2.1 billion more than the
minimum required.
The
statement has been reviewed by the Office of the Auditor General and a copy of
their independent accountant’s review letter is enclosed.
If you
have questions regarding this report, please contact Mr. Michael J. Moody,
Director, Office of Financial Management, at 373-1010.
Sincerely,
Chris
Kolb
State
Budget Director
The
communications were referred to the Secretary for record.
The
following communication was received:
Department
of State Police
June
30, 2019
I am
pleased to present to the Michigan Legislature the 26th annual Asset Forfeiture
Report. Michigan’s asset forfeiture laws provide for the seizure of cash and
property assets of drug traffickers and other criminal organizations when that
property is obtained through illegal activity. The report this year is the
third and final report to be submitted specifically under the Uniform
Forfeiture Reporting Act, PA 148 of 2015, which became effective February 1,
2016.
PA 148
repealed the prior asset forfeiture reporting requirements and requires
submission of a summary to the Michigan Department of State Police of the
reporting agency’s activities regarding forfeiture of property under the
following sections of law: Public Health Code, MCL 333.7521-MCL 333.7533
(Controlled Substances); the Identity Theft Protection Act, MCL 445.79d;
Revised Judicature Act of 1961, MCL 600.4701-600.4709 (Omnibus); and Revised
Judicature Act of 1961, MCL 600.3801-600-3840 (Public Nuisance). Additionally,
the type of information to be reported for each seizure and forfeiture of
property was expanded to provide for greater transparency regarding the
government seizure of private property.
Effective
August 7, 2019, legislation signed this year will require a criminal conviction
before some property seized under the Public Health Code can be forfeited to
law enforcement. The 2020 Asset Forfeiture Report will include forfeitures under
PA 148 of 2015 as well as PA 7 and PA 9 of 2019, and beginning with the 2021
report, will cover data from forfeitures under PA 7 and PA 9 of 2019.
This
report covers the period from January 1, 2018, through December 31, 2018. This
is the second report in which all reporting agencies submitted forfeiture data
based upon the calendar year. Over $15 million in cash and assets amassed by
drug traffickers was forfeited. Asset forfeiture funds were used to support law
enforcement by providing resources for equipment, personnel, vehicles,
training, and supplies. Assets seized pursuant to this program also allowed
some agencies to contribute monies to non-profit organizations that assist in
obtaining information from citizens for solving crimes.
I
submit this report for your information and review.
Sincerely,
J.
M. Gasper
Director
The
communication was referred to the Secretary for record.
The
following communication was received:
State
Court Administrative Office
July 1,
2019
MCL
769.1k(9) requires the State Court Administrative Office to submit the Court
Costs Imposed and Collected Report, related to court costs imposed on
criminal defendants, by July 1.
Trial
courts compiled and reported the following three pieces of information for this
report:
• total
number of cases in which costs under MCL 769.1k(1)(b)(iii) were imposed;
• total
amount of costs imposed under MCL 769.1k(1)(b)(iii); and
• total
amount of costs imposed under MCL 769.1k(1)(b)(iii) that were collected.
These
court costs are allowable, but not required, in cases with a felony,
misdemeanor, or designated juvenile conviction.
If you
have any questions, please contact John Nevin, Communications Director, at nevinj@courts.mi.gov or 517-373-0129.
Milton
L. Mack, Jr.
State
Court Administrator
The
communication was referred to the Secretary for record.
The
following communication was received:
Department
of Treasury
July 1,
2019
The
attached annual report on the operation of the New Jobs Training Program is
provided to you in accordance with MCL 206.713.
Scott
Darragh, Economist - Manager
Office
of Revenue and Tax Analysis
The
communication was referred to the Secretary for record.
The
following communications were received:
Michigan
Supreme Court
July 3,
2019
On
order of the Chief Justice, the amici curiae representing each side of the
constitutional question shall be allowed 15 minutes of oral argument separate
from that of the Solicitor General and Deputy Solicitor General, to be divided
in their discretion. The amici curiae must inform the clerk of the Court by
July 11, 2019, the names of those attorneys who will be arguing for and against
the constitutionality of 2018 PA 368 & 369.
July 3,
2019
On
order of the Chief Justice, the motion for the temporary admission of
out-of-state attorneys Seher Khawaja, Lynn
Hecht Schafran, and Jennifer M Becker to appear and practice in this case under
MCR 8.126(A) is GRANTED.
Larry
S. Royster
Clerk
The communications
were referred to the Secretary for record.
The
following message from the Governor was received:
Time: 8:40 a.m.
To the President of the Senate:
Sir—I
have this day approved and signed
Enrolled
Senate Bill No. 128 (Public Act No. 42), being
An
act to amend 1978 PA 368, entitled “An act to protect and promote the public
health; to codify, revise, consolidate, classify, and add to the laws relating
to public health; to provide for the prevention and control of diseases and
disabilities; to provide for the classification, administration, regulation,
financing, and maintenance of personal, environmental, and other health
services and activities; to create or continue, and prescribe the powers and
duties of, departments, boards, commissions, councils, committees, task forces,
and other agencies; to prescribe the powers and duties of governmental entities
and officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of
health care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or
consolidation of hospitals or services; to provide for the collection and use
of data and information; to provide for the transfer of property; to provide
certain immunity from liability; to regulate and prohibit the sale and offering
for sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to
provide for sanctions for violations of this act and local ordinances; to
provide for an appropriation and supplements; to repeal certain acts and parts
of acts; to repeal certain parts of this act; and to repeal certain parts of
this act on specific dates,” by amending section 7104 (MCL 333.7104), as
amended by 2001 PA 233.
(Filed with the Secretary of State on
July 8, 2019 at 2:14 p.m.)
Respectfully,
Gretchen
Whitmer
Governor
The following messages from the
Governor were received and read:
June 28, 2019
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 180 of 1981,
MCL 400.583:
Michigan
Commission on Services to the Aging
Mr. William Bupp, a Democrat, of
3991 White Pine Drive, DeWitt, Michigan 48820, county of Clinton, succeeding
Amy Tripp whose term expires July 28, 2019, appointed for a term commencing
July 29, 2019 and expiring July 28, 2022.
Mrs. Georgia Crawford-Cambell, a
Democrat, of 18401 Sussex Street, Detroit, Michigan 48235, county of Wayne,
succeeding Laura Newsome whose term expires July 28, 2019, appointed for a term
commencing July 29, 2019 and expiring July 28, 2022.
Mr. Stephen J. Franko, a
Democrat, of 635 Athletic Street, Vassar, Michigan 48768, county of Tuscola,
succeeding John Briggs whose term expires July 28, 2019, appointed for a term
commencing July 29, 2019 and expiring July 28, 2022.
Mr. Marshall Greenhut, a
Democrat, of 1631 W. Giles Road, North Muskegon, Michigan 49445, county of
Muskegon, succeeding Michael John Sheehan whose term expires July 28, 2019,
appointed for a term commencing July 29, 2019 and expiring July 28, 2022.
Mr. Guillermo Z. López, a
Democrat, of 1927 Pleasant View Avenue, Lansing, Michigan 48910, county of
Ingham, succeeding Joan Ilardo whose term expires July 28, 2019, appointed for
a term commencing July 29, 2019 and expiring July 28, 2022.
June 28, 2019
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 368 of 1978,
MCL 333.18255 and 333.16121:
Michigan
Board of Behavior Analysts
Ms. Deborah Beers of 11911 Winter
Road, Sebewaing, Michigan 48759, county of Huron, succeeding Ian McElfish who
has resigned, appointed to represent assistant behavior analysts for a term
commencing June 28, 2019 and expiring December 31, 2020.
June 28, 2019
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 407 of 2016,
MCL 339.5905 and 339.5303:
Board
of Boiler Rules
Mr. Michael Card of 4668 Meadow
Court, Auburn, Michigan 48611, county of Bay, succeeding James Lewis whose term
expires June 30, 2019, appointed to represent the general public for a term
commencing July 1, 2019 and expiring July 30, 2023.
Mr. Ned T. Hawkins of 7844 N.
26th Street, Kalamazoo, Michigan 49004, county of Kalamazoo, succeeding Robert
David Hutsell whose term expires June 30, 2019, appointed to represent
organized labor in this state that engages in the erection, fabrication,
installation, operation, or repair of boilers, for a term commencing July 1,
2019 and expiring July 30, 2023.
Mr. Frank Wimmer of 658 Ranveen
Drive, White Lake, Michigan 48386, county of Oakland, succeeding Lucas Liedel
whose term expires June 30, 2019, appointed to represent mechanical contractors
in this state that have experience in the installation, piping, or operation of
boilers, for a term commencing July 1, 2019 and expiring July 30, 2023.
June 28, 2019
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 227 of 1967,
MCL 408.807:
Elevator
Safety Board
Ms. Sally Corbin of 6146 Indian
Garden, Petoskey, Michigan 49770, county of Emmet, succeeding Mark Smith whose
term expires July 22, 2019, appointed to represent insurance companies
authorized to insure elevators in this state for a term commencing July 23,
2019 and expiring July 22, 2023.
Mr. Donald J. Purdie, Jr. of 9274
Ryella Lane, Davisburg, Michigan 48350, county of Oakland, succeeding Mark
Pawlowski whose term expires July 22, 2019, appointed to represent
manufacturers of elevators used in this state for a term commencing July 23,
2019 and expiring July 22, 2023.
June 28, 2019
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 368 of 1978,
MCL 333.17305 and 333.16121:
Michigan
Board of Nursing Home Administrators
Mrs. Marie
T. Patrick of 10845 South Bagley Road, Ashley, Michigan 48806, county of
Gratiot, succeeding Jana Broughton whose term
expires June 30, 2019, appointed to represent nursing home administrators for a
term commencing July 1, 2019 and expiring June 30, 2023.
June 28, 2019
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 407 of 2016,
MCL 339.6105 and 339.5303:
State
Plumbing Board
Mr. Paul R.
Kurtzhals of 2725 Eider Way, Wolverine Lake, Michigan 48390, county of Oakland,
succeeding Anthony D’Ascenzo whose term
expires June 30, 2019, appointed to represent a licensed master plumber who
secures permits and has 10 years of experience as a master plumber for a term
commencing July 1, 2019 and expiring July 30, 2022.
June 28, 2019
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 29 of 1970,
MCL 290.422:
Michigan
Potato Industry Commission
Ms. Rebecca Johnson of 865 Grand
Avenue, N.E., Apt. C, Grand Rapids, Michigan 49503, county of Kent, succeeding
Benjamin Sklarczyk whose term expires July 1, 2019, appointed to represent an
at-large member for a term commencing July 2, 2019 and expiring July 1, 2022.
Mr. Guthry Laurie of 2939
Tomlinson Road, Caro, Michigan 48723, county of Tuscola, succeeding Kevin Storm
whose term expires July 1, 2019, appointed to represent snack potato industry
growers for a term commencing July 2, 2019 and expiring July 1, 2022.
Mr. Benjamin Sklarczyk of 8714
M-32 East, Johannesburg, Michigan 49751, county of Otsego, succeeding John
Makarewicz whose term expires July 1, 2019, appointed to represent the seed
potato industry for a term commencing July 2, 2019 and expiring July 1, 2022.
Mr. Mathew Skogman of N6667
Cheese Factory Road, Foster City, Michigan 49834, county of Dickinson,
succeeding Ted Hanson whose term expires July 1, 2019, appointed to represent
the seed potato industry for a term commencing July 2, 2019 and expiring July
1, 2022.
Mr. Jonathon L. Yoder of 62317
M-66, Sturgis, Michigan 49091, county of Saint Joseph, succeeding Wayne Leep
whose term expires July 1, 2019, appointed to represent snack potato industry
growers for a term commencing July 2, 2019 and expiring July 1, 2022.
Mr. Philip Gusmano of 423
Lexington Road, Grosse Pointe Farms, Michigan 48236, county of Wayne,
reappointed to represent shippers for a term commencing July 2, 2019 and
expiring July 1, 2022.
Mr. Travis M. Horkey of 1354
Wells Road, Dundee, Michigan 48131, county of Monroe, reappointed to represent
the fresh potato industry for a term commencing July 2, 2019 and expiring July
1, 2022.
Mr. Donald
W. Kitchen of 2400 U.S. Highway 131 South, Elmira, Michigan 49730, county of
Antrim, reappointed to represent the fresh potato industry for a term
commencing July 2, 2019 and expiring July 1, 2022.
Mr. Matt Wilkes of 7623 Luca
Vista Drive, N.E., Rockford, Michigan 49341, county of Kent, reappointed to
represent shippers or retailers for a term commencing July 2, 2019 and expiring
July 1, 2022.
June 28, 2019
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 186 of 1973,
MCL 205.721 et seq.:
Michigan
Tax Tribunal
Mr. Steven M. Bieda of 32721
Valley Drive, Warren, Michigan 48093, county of Macomb, succeeding David Marmon
whose term expires June 30, 2019, appointed to represent attorneys for a term
commencing July 8, 2019 and expiring June 30, 2023.
Ms. Christine A. Schauer of 4436
Old Colony Road, Kalamazoo, Michigan 49008, county of Kalamazoo, filling a
vacancy, appointed to represent members-at-large for a term commencing July 8,
2019 and expiring June 30, 2023.
June 28, 2019
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 403 of 2004,
MCL 338.3620:
Michigan
Unarmed Combat Commission
Mr. Nicholas D. Clark of 1013
Andrus Avenue, Lansing, Michigan 48917, county of Ingham, reappointed to
represent the general public for a term commencing June 28, 2019 and expiring
June 5, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to
the Committee on Advice and Consent.
Announcements of Printing and Enrollment
House
Bill Nos. 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792 4793 4794 4795 4796 4797 4798 4799 4800 4801 4802 4803 4804 4805
The Secretary announced that the
following bills were printed and filed on Tuesday, July 2, and are available on
the Michigan Legislature website:
House
Bill Nos. 4806 4807 4808 4809
Scheduled Meetings
State Drug Treatment Court Advisory
Committee -
Tuesday, July 23, 10:00 a.m, Legislative Council Conference Room, 3rd Floor,
Boji Tower (517) 373-0212
In
pursuance of the order previously made, the Secretary of the Senate declared
the Senate adjourned until Wednesday, July 17, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate