No. 63

STATE OF MICHIGAN

Journal of the Senate

101st Legislature

REGULAR SESSION OF 2022

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, August 17, 2022.

 

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 communication was received and read:

Office of the Auditor General

July 20, 2022

Enclosed is the Oath of Office, dated July 20, 2022, relative to the reappointment of the Auditor General Doug Ringler. Please read it into the record.

Thank you for your consideration.

                                                                                       Sincerely,

                                                                                       Jill A. Bierstetel

                                                                                       Senior Executive Management Assistant

The communication was referred to the Secretary for record.

 

 

The following communication was received and read:

Office of the Auditor General

August 5, 2022

Enclosed is a copy of the following report:

•    Single audit report for the Michigan State Housing Development Authority (000-0800-22).

                                                                                       Sincerely,

                                                                                       Doug Ringler

                                                                                       Auditor General

The audit report was referred to the Committee on Oversight.

 

 

The following communication was received:

Department of Labor and Economic Opportunity

July 8, 2022

In accordance with Section 8 of the Michigan Employment Security Act, being Section 421.8 of the Michigan Compiled Laws, the Department of Labor and Economic Opportunity, Unemployment Insurance Agency is required to report annually to the Governor and the Legislature any amount, in excess of $1.00, that the maximum weekly unemployment benefit rate would increase if the annual increase in the United States Department of Labor’s Consumer Price Index (CPI) were applied to the maximum weekly benefit rate for Michigan.

I am, therefore, transmitting to the Governor, and to the House and Senate for publication along with this letter in the Journals of their respective bodies, the enclosed report showing that since the last increase in the maximum weekly benefit rate to $362.00, the increase in the CPI would result in an increase in the maximum weekly unemployment benefit rate to $543.99.

                                                                                       Respectfully submitted,

                                                                                       Julia Dale, Director

                                                                                       Unemployment Insurance Agency

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Department of State Police

July 27, 2022

According to Public Act 401 of 2020, the Department of State Police must prepare an OK2SAY annual report. The report contains all the required information. The report has been reviewed and approved by the MSP command and all the required departments.

Specifically, 752.918 Sec. 8 states, “The department, in consultation with the department of health and human services and the department of education, shall prepare an annual report under this act. The report must be filed not later than July 31 of the year in which the report is due. Copies of the report must be filed with the governor, the secretary of the senate, the clerk of the house of representatives, the clerk of the senate standing committee on appropriations, and the clerk of the house standing committee on appropriations. The report must also be maintained on the department’s website. The report must contain all of the following information:

(a) The number of reports and other information reported to the hotline under this act.

(b) The number of reports and information reported to the hotline that are forwarded to local law enforcement officials and school officials.

(c) The number of hotline reports resulting in referral to mental health services.

(d) The nature of the reports and information reported to the hotline in categories established by the department.

(e) The responses to the reports and information reported to the hotline at the local level in categories established by the department.

(f) The source of all funds deposited in the student safety fund.

(g) The itemized costs and expenditures incurred by the department in implementing this act.

(h) An analysis of the overall effectiveness of the program in addressing potential self-harm and potential harm or criminal acts directed at schools, school employees, and school students.”

Attached is a copy of the report as well as a link to the report located on the department’s website.

                                                                                       Thank you,

                                                                                       Sgt. Travis R. Fletcher

                                                                                       Government Relations Section

                                                                                       Transparency and Accountability Division

The communication was referred to the Secretary for record.

 

 

The following communication was received:

State 9-1-1 Committee

August 1, 2022

As the Chair of the State 911 Committee (SNC), I am pleased to present the Annual Report to the Michigan Legislature for the 2021 calendar year. Consistent with Section 412 of P.A. 32 of 1986, as amended, each year the SNC provides the Legislature with data about Michigan’s 911 systems. It is the goal of the SNC to provide the Legislature with information about 911 as required by statute and provide additional information that is useful to you and the residents of Michigan, including an update on the steps taken to transition Michigan to Next Generation 911 (NG911).

In addition to the Annual Report to the Michigan Legislature, the SNC also has statutory duties and responsibilities regarding 911 funding and best practices for 911 systems in Michigan. The SNC and the State 911 Office (SNO) have continued to provide support to the Public Safety Answering Points (PSAPs)/Emergency Communications Centers (ECCs) in a number of areas as we transitioned back to in-person trainings, conferences, and meetings. Strategic planning and updating Continuity of Operations Plans was a priority for Michigan PSAPs this past year. The SNC updated its Bylaws, implemented some new practices, and worked with the SNO, Attorney General’s Office, and the Michigan Public Service Commission to develop a formal process for collecting on delinquent 911 surcharge accounts. The SNO also successfully continued its progress and implementation of a multi-phase automation project, which enhances tracking and reporting capabilities.

We continue to migrate the 911 system in Michigan to a digital NG911 system. We have provided an outline of the status of NG911 in this report. By the end of 2021, all of Michigan, except for one county and one service district, has either signed an agreement with an IP-network provider, began the transition, or have fully deployed to a NG911 network.

While we continue to work towards a modified version of activities, workplace rules, and social gatherings, Michigan 911 centers remain vigilant to provide the utmost service to the residents and visitors of the great State of Michigan. The SNC and the SNO continue to move the state forward to the next level of 911 technology. Please take a moment to recognize our state’s unwavering dedication to provide essential services for those who need it most.

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

                                                                                       Sincerely,

                                                                                       Mr. Jeff Troyer, Chair

                                                                                       State 911 Committee

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Luce-Mackinac-Alger-Schoolcraft District Board of Health

August 8, 2022

At the August 1, 2022 Luce-Mackinac-Alger-Schoolcraft District Board of Health (LMAS Board of Health) meeting, the board approved a resolution in support of amendments to the Michigan Open Meetings Act in order to allow remote attendance of public meetings by members of a public body.

The LMAS Board of Health hopes the Michigan Legislature will consider the enclosed resolution.

                                                                                       Sincerely,

                                                                                       Nicholas Derusha

                                                                                       Director and Health Officer

                                                                                       LMAS District Health Department

The communication was referred to the Secretary for record.

 

 

The Senate Business Office submits, pursuant to rule 1.208, the following report on out-of-state travel by members on legislative business for the quarter ended June 30, 2022:

 

Senator Ed McBroom             April 29               Landfill Meeting                                    $      19.89

                                                                         Niagara, Wis.

 

Senator Sylvia Santana           June 23–25           Women in Government Conference          $    347.61

                                                                         Denver, Colo.

 

 

Messages from the Governor

 

 

The following messages from the Governor were received:

Date: July 21, 2022

Time: 9:50 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 576 (Public Act No. 169), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 42b (MCL 750.42b), as added by 1992 PA 273.

(Filed with the Secretary of State on July 21, 2022, at 11:14 a.m.)

Date: July 21, 2022

Time: 9:52 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 577 (Public Act No. 170), being

An act to amend 1971 PA 79, entitled “An act to define the age of majority or legal age and to prescribe and define the duties, liabilities, responsibilities, rights and legal capacity of persons 18 or more years of age,” by amending section 3 (MCL 722.53).

(Filed with the Secretary of State on July 21, 2022, at 11:16 a.m.)

 

Date: July 21, 2022

Time: 9:54 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 720 (Public Act No. 171), being

An act to amend 1993 PA 327, entitled “An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,” by amending sections 2, 3, 4, 5, 5a, 6, 6a, 6b, 6c, 6d, 7, 7b, 8, 9, 11, 12, and 13 (MCL 205.422, 205.423, 205.424, 205.425, 205.425a, 205.426, 205.426a, 205.426b, 205.426c, 205.426d, 205.427, 205.427b, 205.428, 205.429, 205.431, 205.432, and 205.433), sections 2 and 11 as amended by 2020 PA 326, sections 3, 5, and 6 as amended and section 6b as added by 1997 PA 187, sections 5a and 6a as amended by 2012 PA 188, section 6c as added by 2002 PA 503, section 6d as added by 2003 PA 285, section 7 as amended by 2021 PA 102, section 7b as added by 2002 PA 607, section 8 as amended by 2008 PA 458, section 9 as amended by 2004 PA 474, section 12 as amended by 2018 PA 639, and section 13 as amended by 1995 PA 131, and by adding sections 3a and 6f.

(Filed with the Secretary of State on July 21, 2022, at 11:18 a.m.)

 

Date: July 21, 2022

Time: 9:56 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 721 (Public Act No. 172), being

An act to amend 1987 PA 264, entitled “An act to provide for the creation of the health and safety fund; to provide for the deposit of certain money in that fund; to provide for the distribution of the money in that fund and to limit its use; to prescribe the powers and duties of certain state officials; and to provide for an appropriation,” by amending section 3 (MCL 141.473), as amended by 1998 PA 529.

(Filed with the Secretary of State on July 21, 2022, at 11:20 a.m.)

 

Date: July 21, 2022

Time: 9:58 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 722 (Public Act No. 173), being

An act to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), as amended by 2016 PA 42.

(Filed with the Secretary of State on July 21, 2022, at 11:22 a.m.)

Date: July 21, 2022

Time: 10:00 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 691 (Public Act No. 174), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 159g (MCL 750.159g), as amended by 2019 PA 174.

(Filed with the Secretary of State on July 21, 2022, at 11:24 a.m.)

 

Date: July 25, 2022

Time: 9:16 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 562 (Public Act No. 178), being

An act to amend 1996 PA 381, entitled “An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,” by amending section 2 (MCL 125.2652), as amended by 2021 PA 138.

(Filed with the Secretary of State on July 25, 2022, at 10:30 a.m.)

 

Date: July 25, 2022

Time: 9:18 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 706 (Public Act No. 179), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 2b, 642, and 665 (MCL 257.2b, 257.642, and 257.665), sections 2b and 665 as amended by 2016 PA 332 and section 642 as amended by 2012 PA 498, and by adding sections 665c, 665d, 665e, and 666a.

(Filed with the Secretary of State on July 25, 2022, at 10:32 a.m.)

 

Date: July 25, 2022

Time: 9:20 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1012 (Public Act No. 180), being

An act to establish a student mental health apprenticeship retention and training (SMART) internship grant program; to prescribe conditions for the administration of the student mental health apprenticeship retention and training (SMART) internship grant program; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to require the promulgation of rules.

(Filed with the Secretary of State on July 25, 2022, at 10:34 a.m.)

Respectfully,

Gretchen Whitmer

Governor

 

 

The following message from the Governor was received on August 2, 2022, and read:

 

EXECUTIVE ORDER

No. 2022-7

 

Michigan Committee on Juvenile Justice

 

Department of Health and Human Services

 

In 1975, Congress enacted the Juvenile Justice and Delinquency Prevention Act (“Act”). In response, Governor Milliken established the Advisory Committee on Juvenile Justice in 1976. This advisory body has evolved over time as federal requirements and our understanding of best practices in juvenile justice have shifted. See EO 1976-6; EO 2003-9; 2012-16; EO 2017-12. Today, the committee operates within the Department of Health and Human Services as the Michigan Committee on Juvenile Justice.

In 2018, Congress amended the Act to further revise state requirements. See 34 U.S.C. §11101-11313. The Act makes funds available to participating states to assist in establishing and operating projects to improve education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile justice. The Act further requires any state receiving money under the Act to create an advisory group appointed by the chief executive officer of the state to advise the state planning agency on (1) juvenile justice and delinquency prevention matters and (2) the award of grants to state and local governments, private nonprofit agencies, colleges, and universities. The latest iteration of the Michigan Committee on Juvenile Justice was launched by Executive Order 2017-12. With new federal requirements, Executive Order 2017‑12 is now out of date and requires revision to explicitly incorporate the requirements of the Juvenile Justice and Delinquency Prevention Act. 34 U.S.C. § 11133.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor.

Section 8 of article 5 of the Michigan Constitution of 1963 obligates the governor to take care that the laws be faithfully executed.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1.       Creating the Michigan Committee on Juvenile Justice

(a)   The Michigan Committee on Juvenile Justice (“Committee”) is created as an advisory body within the Department of Health and Human Services (“Department”).

(b)  The Department is designated as the state agency responsible for the supervision, preparation, and administration of the comprehensive Juvenile Justice and Delinquency Prevention Plan required by the Act (“Plan”).

(c)   The Director of the Department must provide appropriate staff support for the Committee, subject to available funding.

(d)  The governor will appoint no fewer than 21 members and no more than 33 members to the Committee. All members appointed to the Committee must have training or experience within the juvenile justice system, or special knowledge concerning the prevention and treatment of juvenile delinquency. Membership must reflect the requirements established in the federal Juvenile Justice Delinquency Prevention Act 34 U.S.C. 11133 and must include:

(1)  A locally elected official representing general purpose local government;

(2)  A juvenile or family court judge;

(3)  A prosecutor;

(4)  An attorney who represents children and youth;

(5)  A probation professional;

(6)  Two representatives of public agencies concerned with delinquency prevention or treatment;

(7)  Three representatives of private nonprofit organizations. Representatives must include individuals who focus on youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, preserving and strengthening families, parent groups and parent self-help groups, education, and social services for children;

   (8)  Two volunteers who work with delinquent youth or youth at risk of delinquency;

   (9)  Two representatives of programs that provide alternatives to incarceration, including programs providing organized recreation activities;

(10) Two individuals with expertise and competence in addressing problems related to school violence and vandalism, including alternatives to suspension and expulsion;

(11) Two individuals, both licensed or certified by the State of Michigan, in preventing and addressing mental health and substance abuse needs in delinquent youth and youth at risk of delinquency;

(12) A representative of victim or witness advocacy groups;

(13) A representative of victim or witness advocacy groups with expertise in addressing the challenges of sexual abuse and exploitation and trauma, particularly the needs of youth who experience sexual abuse, exploitation, and trauma before entering the juvenile justice system;

(14) A tribal representative or other individual with expertise in tribal law enforcement and juvenile justice in tribal communities; and

(15) Additional members as necessary to fill the remaining requirements of this order and as deemed appropriate by the governor.

(e)   A majority of the members of the Committee, including the chairperson, must not be full-time employees of federal, state, or local government.

(f)   At least one-fifth of the members of the Committee must be under the age of 28 at the time of initial appointment.

(g)   At least three members must have lived experience with the juvenile justice system, either as juveniles under the jurisdiction of the juvenile justice system, or as parents or guardians of someone under the jurisdiction of the juvenile justice system.

(h)  Members of the Committee must be appointed for four year terms, except that, of the members initially appointed, five members shall be appointed for one year terms, five members shall be appointed for two year terms, five members shall be appointed for three year terms, and the remainder shall be appointed for four year terms.

(i)   A vacancy on the Committee shall be filled in the same manner as the original appointment. A member may continue serving until his or her successor is appointed.

2.       Charge to the Committee

(a)   The Committee must participate in the development and review of the state’s juvenile justice plan as required by the Act.

(b)  The Committee must have the opportunity to review and comment on all juvenile justice and delinquency prevention grant applications submitted to the state under the Act within 45 days of their submission to the Committee, to assess whether, in the Committee’s view, the proposed use of funds will strengthen the juvenile justice program.

(c)   The Committee must center racial, geographical, educational, and financial equity in conducting its work. To that end, the Committee may facilitate trainings for local court stakeholders on equity, promote youth and family inclusion in policy development and implementation, and promote culturally responsive funding opportunities that will expand the evidence base of equity-focused interventions, policies, and practices.

(d)  The Committee may, as requested by the Department, participate in monitoring state compliance with federal program requirements, advise on local criminal justice advisory board composition, and review the accomplishments of projects funded under the state’s juvenile justice plan.

(e)   The Committee must seek regular input from juveniles currently under the jurisdiction of the juvenile justice system.

(f)   At least every two years, the Committee must submit to the governor and the legislature a report and recommendations regarding state compliance with the state’s juvenile justice plan. The report must include policy recommendations and potential actions on how to improve juvenile justice in the state.

(g)   The Committee must advise the Department and the governor on matters related to juvenile justice and delinquency prevention, as requested by the governor and the Department.

3.       Operations of the Committee

(a)   The Department must assist the Committee in the performance of its duties and provide personnel to staff the Committee. The budgeting, procurement, and related management functions of the Committee will be performed under the direction and supervision of the director of the Department.

(b)  The governor must designate a Chairperson of the Committee.

(c)   The Committee must meet at the call of the Chairperson and as may be provided in procedures adopted by the Committee.

(d)  Members who attend fewer than 50 percent of the scheduled meetings in any calendar year have vacated their appointment. Upon notification, the governor must fill the vacancy in the same manner as the original appointment.

(e)   The Committee may adopt additional procedures, consistent with this order and applicable law, governing its organization and operations.

(f)   The Committee must comply with the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.

(g)   The Committee may establish advisory workgroups composed of individuals or entities participating in Committee activities, including other members of the public as deemed necessary by the Committee, to assist it in performing its duties and responsibilities. The Committee may adopt, reject, or modify any recommendations proposed by an advisory workgroup.

(h)  The Committee may, as appropriate, make inquiries, studies, and investigations, hold hearings, and receive comments from the public. The Committee also may consult with outside experts to perform its duties, including experts in the private sector, organized labor, and government agencies, and at institutions of higher education.

(i)   The Committee may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations must be received and used in accordance with law.

(j)   Members of the Committee must not receive additional compensation for participation on the Committee. Members of the Committee may receive reimbursement for necessary travel and expenses consistent with applicable law, rules, and procedures, subject to available funding.

(k)  Members of the Committee must refer all legal, legislative, and media contacts to the Department.

4.       Implementation

(a)   All departments, committees, commissioners, or officers of this state must give to the Committee any necessary assistance required by the Committee in the performance of the duties of the Committee so far as is compatible with their duties and consistent with this order and applicable law. Free access also must be given to any books, records, or documents in their custody relating to matters within the scope of inquiry, study, or review of the Committee, consistent with applicable law.

(b)  This order is not intended to abate a proceeding commenced by, against, or before an officer or entity affected by this order. A proceeding may be maintained by, against, or before the successor of any officer or entity affected by this order.

(c)   Nothing in this order should be construed to change the organization of the executive branch of state government or the assignment of functions among its units, in a manner requiring the force of law.

(d)  If any portion of this order is found to be unenforceable, the unenforceable provision will be disregarded and the rest of the order will remain in effect as issued.

(e)   Executive Order 2017-12 is rescinded. The Michigan Committee on Juvenile Justice established under Executive Order 2017-12 is abolished.

(f)   This order is effective upon filing.

Given under my hand and the great seal of the State of Michigan.

 

Date: August 2, 2022

Time: 8:07 a.m.

                                                                                       Gretchen Whitmer

     [SEAL]                                                                      Governor

 

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

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

 

 

The following message from the Governor was received on August 15, 2022, and read:

 

EXECUTIVE ORDER

No. 2022-8

 

Declaration of State of Emergency

 

On the morning of August 13, 2022, the Great Lakes Water Authority (GLWA) became aware of a break in a 120-inch diameter water transmission main in St. Clair County. This transmission main is the largest in GLWA’s regional water distribution system. Access to water for an estimated 935,000 people has been compromised by the break.

In response to the changing water pressure levels, a Boil Water Advisory was initially issued for 23 communities, including the Village of Almont, City of Auburn Hills, Bruce Township, Burtchville Township, Chesterfield Township, Clinton Township, City of Flint, Flint Township, City of Imlay City, Lenox Township, Macomb Township, Mayfield Township, Village of New Haven, Orion Township, City of Pontiac, City of Rochester, City of Rochester Hills, City of Romeo, Shelby Township, City of Sterling Heights, City of Troy, City of Utica, and Washington Township. A revised advisory was issued in the afternoon of August 13, removing ten communities from the Boil Water Advisory and leaving it in place for the others. Tens of thousands of residents will be forced to depend on alternative sources of water.

There is an immediate and ongoing need for bottled and shipped water to provide safe drinking water. Local officials in the impacted communities have taken several actions to respond, including activating the emergency response and recovery aspects of their emergency operations plans. Despite these efforts, State assistance and other outside resources are necessary to effectively respond to and recover from the effect of this emergency, to protect public health, safety, and property, and to lessen or avert the threat of more severe and lasting harm.

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

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

1. A state of emergency is declared for Lapeer, Macomb, Oakland, and St. Clair Counties. Additional jurisdictions may be added as needs and conditions change.

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

3. The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than September 11, 2022, unless extended as provided by the Emergency Management Act.

 

Date: August 14, 2022

Time: 10:59 a.m.

                                                                                       Gretchen Whitmer

     [SEAL]                                                                      Governor

 

                                                                                       By the Governor:

                                                                                       Jocelyn Benson

                                                                                       Secretary of State

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

 

 

The following messages from the Governor were received and read:

July 28, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 299 of 1980, MCL 339.303 and 339.2002:

Michigan Board of Architects

Mr. Matthew Slagle of 4 E. Fulton Street, Grand Rapids, Michigan 49415, county of Kent, reappointed to represent architects, for a term commencing July 28, 2022 and expiring March 31, 2026.

Ms. Johnnie Wilson of 44441 Pine Drive, Unit 15-105, Sterling Heights, Michigan 48313, county of Macomb, succeeding Joseph Welmers whose term has expired, appointed to represent the general public, for a term commencing July 28, 2022 and expiring March 31, 2026.

 

July 28, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 232 of 1965, MCL 290.657:

Michigan Blueberry Commission

Mr. Eric R. Jawor of 7483 Sue Marie Lane, Muskegon, Michigan 49442, county of Muskegon, reappointed to represent District 1, for a term commencing July 28, 2022 and expiring December 31, 2024.

Mr. David M. Reenders of 16697 Johnson Street, Grand Haven, Michigan 49417, county of Ottawa, succeeding Shelly Hartman whose term has expired, appointed to represent District 1, for a term commencing July 28, 2022 and expiring December 31, 2024.

Mr. Jason Thomas of 57481 4th Avenue, Grand Junction, Michigan 49056, county of Van Buren, succeeding Cheryl Sullins whose term has expired, appointed to represent District 2, for a term commencing July 28, 2022 and expiring December 31, 2024.

 

July 28, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 350 of 1980, MCL 550.1652:

Michigan Health Endowment Fund Board

Ms. Elizabeth D. Boyd of 3035 Westchester Road, Lansing, Michigan 48911, county of Ingham, succeeding Rob Fowler whose term has expired, appointed to represent the business community, for a term commencing July 28, 2022 and expiring October 1, 2025.

Ms. Gilda Jacobs of 8353 Hendrie Boulevard, Huntington Woods, Michigan 48070, county of Oakland, succeeding Keith Pretty whose term has expired, appointed to represent the general public, for a term commencing July 28, 2022 and expiring October 1, 2025.

Rev. Dr. James A. Womack of 2310 W. McNichols Road, Detroit, Michigan 48221, county of Wayne, succeeding Tim Damschroder whose term has expired, appointed to represent the general public, for a term commencing July 28, 2022 and expiring October 1, 2025.

 

July 28, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 81 of 2022 MCL 54.315:

Michigan-Indiana State Line Commission

Mr. John G. Kamer of 2670 Wolf Road, Eau Claire, Michigan 49111, county of Berrien, appointed to represent a licensed surveyor who is a resident of Berrien County, for a term commencing July 28, 2022 and expiring July 28, 2024.

Mr. Michael Lodzinski of 10885 Emerald Court, Cement City, Michigan 49233, county of Hillsdale, appointed to represent a licensed surveyor who is a resident of Hillsdale County, for a term commencing July 28, 2022 and expiring July 28, 2024.

Mr. Christian F. Marbach of 70029 Monroe Street, Edwardsburg, Michigan 49112, county of Cass, appointed to represent a licensed surveyor who is a resident of Cass County, for a term commencing July 28, 2022 and expiring July 28, 2024.

Mr. David W. Mostrom of 24578 Blue Heron Drive, Sturgis, Michigan 49091, county of St. Joseph, appointed to represent a licensed surveyor who is a resident of St. Joseph County, for a term commencing July 28, 2022 and expiring July 28, 2024.

 

July 28, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 451 of 1994, MCL 324.21524:

Michigan Underground Storage Tank Authority Board of Directors

Mr. Richard Bratschi of 4379 Zimmer Road, Williamston, Michigan 48895, county of Ingham, reappointed to represent independent petroleum marketers, for a term commencing July 28, 2022 and expiring May 25, 2025.

Ms. Jennifer K. McKay of 3450 Lake Grove Road, Petoskey, Michigan 49770, county of Emmet, reappointed to represent an individual from a statewide environmental organization, for a term commencing July 28, 2022 and expiring May 25, 2025.

 

July 28, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 560 of 2016, MCL 36.105:

Michigan Veterans’ Facility Authority Board of Directors

Dr. MaryAnne P. Shannon of 3701 Shallows Beach Avenue, Sault Ste. Marie, Michigan 49783, county of Chippewa, reappointed to represent members with professional knowledge, skill, or experience in long-term care, health care licensure or finance, or medicine who represent the interests of one or more congressionally chartered veterans’ organizations, for a term commencing July 28, 2022 and expiring April 15, 2026.

July 28, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.18821:

Michigan Board of Veterinary Medicine

Ms. Evette Chavez of 4137 West Michigan Avenue, Unit 34, Lansing, Michigan 48917, county of Eaton, succeeding Peter Levine whose term has expired, appointed to represent the general public, for a term commencing July 28, 2022 and expiring December 31, 2025

 

July 28, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 1 of 1968, MCL 10.72 and Executive Reorganization No. 2020-3, MCL 37.113:

Michigan Women’s Commission

Ms. Lisa K. Cawley of 1026 W. Liberty Street, Ann Arbor, Michigan 48103, county of Washtenaw, succeeding JoAnn Chavez whose term has expired, appointed for a term commencing July 28, 2022 and expiring July 15, 2025.

Mrs. Charity Dean of 14403 Grandmont Avenue, Detroit, Michigan 48227, county of Wayne, reappointed for a term commencing July 28, 2022 and expiring July 15, 2025.

Ms. Muna Jondy of 4400 S. Saginaw Street, Suite 1360, Flint, Michigan 48507, county of Genesee, reappointed for a term commencing July 28, 2022 and expiring July 15, 2025.

Ms. Diane Sue Townsel of 6866 Alderley Way, West Bloomfield, Michigan 48322, county of Oakland, suceeding Whitney B. Gravelle whose term has expired, appointed for a term commencing July 28, 2022 and expiring July 15, 2025.

Dr. Geneva Williams of 8162 E. Jefferson, Suite 11A, Detroit, Michigan 48214, county of Wayne, reappointed for a term commencing July 28, 2022 and expiring July 15, 2025.

 

August 11, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 299 of 1980, MCL 339.302, 339.303 and 339.721:

Michigan Board of Accountancy

Mr. Paul M. Balas of 4087 Parkstone Court, Troy, Michigan 48098, county of Oakland, reappointed to represent certified public accountants, for a term commencing August 11, 2022 and expiring June 30, 2026.

Ms. Carole L. McNees of 11349 S. Shaver Road, Schoolcraft, Michigan 49087, county of Kalamazoo, succeeding Shelly Gower whose term has expired, appointed to represent certified public accountants, for a term commencing August 11, 2022 and expiring June 30, 2026.

 

August 11, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Public Act 176 of 1939, MCL 423.3 and MCL 423.4:

Michigan Employment Relations Commission

Mr. William F. Young of 209 Liberty Street, Spring Lake, Michigan 49456, county of Ottawa, reappointed to represent Democrats, for a term commencing August 11, 2022 and expiring June 30, 2025.

 

August 11, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 26 of 1969, MCL 390.392:

Lake Superior State University Board of Trustees

Ms. Laurel S. Davie of 1307 Ryan Avenue, Unit 2, Marquette, Michigan 49855, county of Marquette, succeeding Sandi Frost Steensma whose term has expired, appointed for a term commencing August 11, 2022 and expiring January 27, 2030.

Mr. Jon P. DeRoo of 53331 Shirley Ellen Drive, Chesterfield Township, Michigan 48047, county of Macomb, succeeding Dr. Mark Mercer whose term has expired, appointed for a term commencing August 11, 2022 and expiring January 27, 2030.

 

August 11, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17021:

Michigan Board of Medicine

Mrs. Elizabeth J. Gates of 11905 Sandy Oak Court, Cedar Springs, Michigan 49319, county of Kent, succeeding Traci Ruiz whose term has expired, appointed to represent the general public, for a term commencing August 11, 2022 and expiring December 31, 2025.

Mrs. Cassandra Jones-McBryde of 2500 South Deacon Street, Detroit, Michigan 48217, county of Wayne, succeeding Terri Tahnoose whose term has expired, appointed to represent the general public, for a term commencing August 11, 2022 and expiring December 31, 2025.

Mr. Dondré D. Young of 1226 Gilbert Street, Flint, Michigan 48532, county of Genesee, succeeding Paul Sophiea whose term has expired, appointed to represent the general public, for a term commencing August 11, 2022 and expiring December 31, 2025.

 

August 11, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 299 of 1980, MCL 339.1802, 339.302 and 339.303:

Board of Examiners in Mortuary Science

Mrs. LaShonda D. Martin of 28417 Fontana Drive, Southfield, Michigan 48076, county of Oakland, succeeding Mary Ochalek whose term has expired, appointed to represent professionals, for a term commencing August 11, 2022 and expiring June 30, 2026.

Mr. Vern A. Pixley of 519 Harrison Street, Rochester, Michigan 48307, county of Oakland, succeeding Ronald (Lee) Karelse whose term has expired, appointed to represent professionals, for a term commencing August 11, 2022 and expiring June 30, 2026.

 

August 11, 2022

I respectfully submit to the Senate the following appointments to office pursuant to Public Act 368 of 1978, MCL 333.16121 and 333.17721:

Michigan Board of Pharmacy

Mr. Keith M. Binion of 20534 Woodside Street, Harper Woods, Michigan 48225, county of Wayne, succeeding Cynthia Boston whose term has expired, appointed to represent pharmacy technicians, for a term commencing August 11, 2022 and expiring June 30, 2026.

Mr. Rony Foumia of 5675 Strawberry Circle, Commerce Township, Michigan 48382, county of Oakland, succeeding Charles Mollien whose term has expired, appointed to represent pharmacists, for a term commencing August 11, 2022 and expiring June 30, 2026.

 

August 11, 2022

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

Mr. Philip Gusmano of 423 Lexington Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, reappointed to represent the retailers, for a term commencing August 11, 2022 and expiring July 1, 2025.

Mr. Travis Horkey of 1354 Wells Road, Dundee, Michigan 48131, county of Monroe, reappointed to represent the fresh potato industry, for a term commencing August 11, 2022 and expiring July 1, 2025.

Mr. Dale Johnson of W9662 State Highway M-69, Sagola, Michigan 49881, county of Dickinson, succeeding Rebecca Johnson whose term has expired, appointed to represent the growers-at-large, for a term commencing August 11, 2022 and expiring July 1, 2025.

Mr. Ryan Norton of 1643 Harper Grove Lane, Vicksburg, Michigan 49097, county of Kalamazoo, succeeding Guthry Laurie whose term has expired, appointed to represent the snack potato manufacturing industry, for a term commencing August 11, 2022 and expiring July 1, 2025.

Mr. Ryan Pelletier of 23033 Maple Drive, McMillan, Michigan 49853, county of Luce, succeeding Ben Sklarcyzk whose term has expired, appointed to represent the seed potato industry, for a term commencing August 11, 2022 and expiring July 1, 2025.

Mr. Michael P. Phillips of 6183 Baywood Drive, Portage, Michigan 49024, county of Kalamazoo, succeeding Jon Yoder whose term has expired, appointed to represent the snack potato manufacturing industry, for a term commencing August 11, 2022 and expiring July 1, 2025.

Mr. Matthew Skogman of N6667 Cheese Factory Road, Foster City, Michigan 49834, county of Dickinson, reappointed to represent the seed potato industry, for a term commencing August 11, 2022 and expiring July 1, 2025.

Ms. Rebecca Williams of 15531 Pine Street, Grand Haven, Michigan 49417, county of Ottawa, succeeding Matt Wilkes, to represent the shippers, for a term commencing August 11, 2022 and expiring July 1, 2025.

Mr. Jon Yoder of 62317 M-66, Sturgis, Michigan 49091, county of Saint Joseph, succeeding Donald Kitchen whose term has expired, to represent the fresh potato industry, for a term commencing August 11, 2022 and expiring July 1, 2025.

August 11, 2022

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. Bronco B. McKart of 525 Depot Street, Monroe, Michigan 48161, county of Monroe, reappointed to represent boxing, for a term commencing August 11, 2022 and expiring June 5, 2026.

 

August 11, 2022

I respectfully submit to the Senate the following appointment to office pursuant to Executive Reorganization Order No. 2019-3, MCL 125.1998:

Workers’ Disability Compensation Appeals Commission

Mr. Granner S. Ries of 41454 Lore Drive, Clinton Township, Michigan 48038, county of Macomb, reappointed to represent an attorney with 5+ years in the field of workers’ compensation law, for a term commencing August 11, 2022 and expiring July 31, 2026.

                                                                                       Respectfully,

                                                                                       Gretchen Whitmer

                                                                                       Governor

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

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Wednesday, July 20, and are available on the Michigan Legislature website:

House Bill Nos.     6338   6339   6340   6341  6342   6343   6344   6345  6346

 

 

Scheduled Meetings

 

 

Senate Fiscal Agency Governing Board – Wednesday, September 21, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768

 

 

In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:03 a.m.

 

Pursuant to House Concurrent Resolution No. 18, the Secretary of the Senate declared the Senate adjourned until Wednesday, September 7, 2022, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate