STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2022
Senate Chamber, Lansing, Wednesday, July 20, 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 Assistant Secretary of the Senate.
Motions and Communications
The following communication was received and read:
Office of the Senate Minority Leader
July 8, 2022
This letter is to announce Kelly Ainsworth as my selection for the Opioid Advisory Commission within the Legislative Council.
As established in Public Act 84 of 2022, the Commission will adopt policies and procedures related to education, prevention, treatment, and services for individuals and families affected by substance use disorders and co-occurring mental health conditions, and establish priorities to address substance disorders and co-occurring mental health conditions, for the purpose of recommending funding initiatives to the Legislature. P.A. 84 allows for 12 voting members on the Commission, including one appointee from the Senate Minority Leader.
The Commission calls for members who have experience in a range of fields to help combat the ongoing opioid epidemic in our state and country. Ms. Ainsworth comes to us with a wealth of knowledge in substance abuse prevention, health care, mental health, and education. She currently serves as project manager for the Greater Flint Health Coalition (GFHC), a non-profit organization dedicated to leading and coordinating collaborative efforts to improve population health status, reduce and prevent disease, improve the quality and cost-effectiveness of the healthcare system, and reduce health disparities. In addition to her work with GFHC, her resume also includes work as a prevention specialist with Hope Network and grants coordinator with Prevention Network. This range of experience makes her acutely aware of the needs of those with substance abuse disorders as well as the community- and state-wide partners available to help.
As the Senator representing Flint and its surrounding communities, it is of particular importance to me that the Commission includes representation from Genesee County, as it continues to have the third-highest overdose death rate in the state.
Michigan’s response to the opioid crisis continues to require an all-hands-on-deck approach, and I look forward to receiving thoughtful, researched, and effective policy recommendations from the Opioid Advisory Commission. By having dedicated experts like Ms. Ainsworth on the team, we stand to make great progress towards our shared goal of zero opioid-related deaths in our great state.
Sincerely,
Jim Ananich
Senate Minority Leader
District 27
The communication was referred to the
Secretary for record.
The following communication was received and read:
Office of the Auditor General
July 8, 2022
Enclosed is a copy of the following report:
• Performance audit on Software License Management, Department of Technology, Management, and Budget (071-0527-22).
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Oversight.
The following communication was received:
Municipal Employees’ Retirement System
June 29, 2022
Enclosed, please find a copy of the Annual Comprehensive Financial Report (ACFR) for the Municipal Employees’ Retirement System (MERS) of Michigan for the fiscal year ending December 31, 2021, pursuant to MCL 38.1536(2)(f).
MERS is an independent, non-profit professional retirement services company created to administer retirement plans for local units of government across Michigan.
MERS proudly serves 987 municipalities across Michigan – from the western Upper Peninsula to Wayne County – encompassing more than 173,000 accounts, representing police officers and firefighters, road crews and medical staff, librarians, clerks, and countless other public servants who protect and serve the communities we call home.
Managing more than $16 billion in total assets, our mission is to partner with those who serve Michigan communities to provide retirement benefits and related services to support a secure retirement. We provide expertise and services to help municipalities big and small keep their retirement promises. Despite the ongoing challenges of the global pandemic and its impact on the economy, the MERS Defined Benefit Portfolio returned a 14.13% investment gain over the year and continues to offer a broad range of flexible and customizable plans to fit different budgets and goals.
Since benefits are determined at the local level, our role as the plan fiduciary is to ensure that each municipality’s assets are adequate to provide for the benefits that have been promised, and that each plan is making reasonable progress to achieve full funding. In fact, the majority of our customers have taken additional steps to reduce unfunded liabilities by implementing plan design changes and/or funding strategies.
MERS leadership is committed to fairness, transparency and accountability, and has a deep understanding of fiscal best practices. We work closely with municipal leaders and staff to help bring transparency and fiscal best practices to their plans.
MERS policies are in alignment with Public Act 202 of 2017 (PA 202) best practices, including conducting an actuarial experience study at least every five years, with a peer actuarial audit or rotation of actuaries at least every eight years. MERS has also led policy efforts by instituting a fixed amortization policy, developed a tax-exempt trust to pre-fund OPEB liabilities and continues to offer innovative plan designs in an effort to assist local units in addressing unfunded liability concerns while offering competitive benefits.
We are proud of the fact that the vast majority of plans have taken proactive steps to achieve full funding. We will continue to assist MERS customers with reporting for PA 202, as well as completing and implementing Corrective Action Plans (CAP), as needed.
The team at MERS is made up of top industry experts who apply fiscal best practices to give members peace of mind and security in their retirement. We also stand ready to serve as a resource for state leaders and policy makers as they examine and address public policy affecting retirement and unfunded liability.
If you have any questions concerning this report, please contact me. The report can also be found on our website at www.mersofmich.com.
Sincerely,
Kerrie Vanden Bosch
Chief Executive Officer
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Curtis Hertel Jr.
July 8, 2022
I am writing to request my addition in co-sponsorship for Senate Bill 785, sponsored by Senator Bayer.
Please feel free to contact me if you need any further information.
Sincerely,
Curtis Hertel Jr.
State Senator
District 23
The communication was referred to the Secretary for record.
The following communication was received:
State Court Administrative Office
July 12, 2022
Attached please find a memo regarding the Community Dispute Resolution Program’s 2021 Annual Report.
Thank you,
Thomas P. Boyd
State Court Administrator
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Lana Theis
July 18, 2022
Per Senate Rule, 3.105 I request to be added as an official co-sponsor to Senate Bills 0366 (Barrett), and 0388 (Nesbitt).
Sincerely,
Lana Theis
State Senator
22nd District
The communication was referred to the Secretary for record.
Messages from the Governor
The following messages from the Governor were received:
Time: 7:58 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 656 (Public Act No. 136), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 552.
(Filed with the
Secretary of State on July 11, 2022, at 12:00 noon)
Time: 8:00 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 926 (Public Act No. 137), being
An act to amend 1993 PA 23, entitled “An act to provide for the organization and regulation of limited liability companies; to prescribe their duties, rights, powers, immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies,” by amending section 102 (MCL 450.4102), as amended by 2015 PA 157.
(Filed with the Secretary of State on July 11, 2022, at 12:02 p.m.)
Time: 10:57 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 845 (Public Act No. 144), being
An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 3, 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 20m, 21b, 21f, 21h, 22a, 22b, 22c, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 26d, 28, 31a, 31d, 31f, 31j, 31n, 31o, 31p, 31y, 31z, 32d, 32p, 35a, 35d, 35f, 35g, 35h, 39, 39a, 41, 51a, 51c, 51d, 51g, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 97, 97a, 98, 98b, 99h, 99i, 99s, 99t, 99u, 99x, 99aa, 101, 104, 104f, 104h, 107, 147, 147a, 147b, 147c, 147e, 152a, 152b, 201, 202a, 206, 207a, 207b, 207c, 209, 209a, 210h, 226b, 226d, 226g, 229, 229a, 230, 236, 236b, 236c, 236h, 237b, 241, 245a, 251, 252, 256, 259, 260, 263, 264, 265, 265a, 265b, 267, 268, 269, 270c, 274, 275, 275b, 275f, 275g, 275h, 275i, 276, 277, 278, 279, 280, 281, and 282 (MCL 388.1603, 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1620m, 388.1621b, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1626d, 388.1628, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1631o, 388.1631p, 388.1631y, 388.1631z, 388.1632d, 388.1632p, 388.1635a, 388.1635d, 388.1635f, 388.1635g, 388.1635h, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651g, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1667a, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1697, 388.1697a, 388.1698, 388.1698b, 388.1699h, 388.1699i, 388.1699s, 388.1699t, 388.1699u, 388.1699x, 388.1699aa, 388.1701, 388.1704, 388.1704f, 388.1704h, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1801, 388.1802a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1810h, 388.1826b, 388.1826d, 388.1826g, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1836h, 388.1837b, 388.1841, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1859, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874, 388.1875, 388.1875b, 388.1875f, 388.1875g, 388.1875h, 388.1875i, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, and 388.1882), sections 3, 202a, 237b, and 275 as amended by 2020 PA 165, sections 6, 6a, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 35d, 35f, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 98, 99h, 99i, 99s, 99t, 99u, 99x, 101, 104, 104f, 107, 147, 147a, 147b, 147c, 147e, 152a, and 152b as amended and sections 20m, 22c, 26d, 31o, 31p, 31y, 31z, 35g, 35h, 51g, 97, 97a, 98b, 99aa, and 104h as added by 2021 PA 48, section 11 as amended by 2022 PA 93, section 21b as amended by 2014 PA 196, sections 201, 206, 207a, 207b, 207c, 209, 209a, 226b, 226d, 229, 229a, 230, 236, 236b, 236c, 241, 245a, 256, 259, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274, 275f, 275g, 275h, 275i, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 210h, 226g, and 236h as added by 2021 PA 86, sections 251 and 252 as amended by 2019 PA 162, section 265a as amended by 2019 PA 62, and section 275b as amended by 2018 PA 265, and by adding sections 8c, 11x, 11y, 23f, 27a, 27b, 27c, 27d, 27e, 27f, 30c, 31q, 31aa, 31bb, 31cc, 31dd, 31ee, 32n, 32t, 32u, 41b, 51e, 61i, 67c, 67d, 67e, 97b, 97e, 97f, 98c, 99cc, 99dd, 99ee, 104i, 216, 216a, 216b, 226e, 226f, 227, 227a, 236j, 236k, 265f, 265g, 266a, 274a, 275j, and 275k; and to repeal acts and parts of acts.
(Filed with the
Secretary of State on July 14, 2022, at 2:32 p.m.)
Date: July 19, 2022
Time: 9:30 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 101 (Public Act No. 146), being
An act to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending sections 100d, 281c, 282, 408, 409, 426, 427a, 427b, 429, 436, 438, 469a, 498k, 498t, 516, 519, and 537 (MCL 330.1100d, 330.1281c, 330.1282, 330.1408, 330.1409, 330.1426, 330.1427a, 330.1427b, 330.1429, 330.1436, 330.1438, 330.1469a, 330.1498k, 330.1498t, 330.1516, 330.1519, and 330.1537), section 100d as amended by 2020 PA 99, section 281c as added and section 282 as amended by 2014 PA 200, sections 408, 427a, and 498k as amended by 1995 PA 290, section 409 as amended by 2020 PA 402, sections 426 and 429 as amended by 2016 PA 320, sections 436, 438, and 469a as amended by 2018 PA 593, section 498t as added by 1988 PA 155, and sections 516, 519, and 537 as amended by 2018 PA 596, and by adding sections 170 and 172.
(Filed with the Secretary of State on July 19, 2022, at 11:52 a.m.)
Time: 9:32 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 134 (Public Act No. 147), 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,” (MCL 750.1 to 750.568) by adding section 410c.
(Filed with the Secretary of State on July 19, 2022, at 11:54 a.m.)
Time: 9:34 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 248 (Public Act No. 148), being
An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending sections 325, 687, and 701 (MCL 206.325, 206.687, and 206.701), section 325 as amended and section 687 as added by 2011 PA 38 and section 701 as amended by 2011 PA 311, and by adding chapter 18.
(Filed with the Secretary of State on July 19, 2022, at 11:56 a.m.)
Time: 9:36 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 406 (Public Act No. 149), 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 316 (MCL 750.316), as amended by 2014 PA 158.
(Filed with the Secretary of State on July 19, 2022, at 11:58 a.m.)
Time: 9:38 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 624 (Public Act No. 150), being
An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 4072 (MCL 500.4072), as amended by 2003 PA 200.
(Filed with the Secretary of State on July 19, 2022, at 12:00 noon)
Time: 9:40 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1028 (Public Act No. 151), being
An act to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2022; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
(Filed with the
Secretary of State on July 19, 2022, at 12:02 p.m.)
Time: 9:56 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 744 (Public Act No. 159), being
An act to create the maritime and port facility assistance grant program to award grants to owners of port facilities; to provide the powers and duties of certain state governmental officers and entities; and to create certain funds.
(Filed with the Secretary of State on July 19, 2022, at 12:18 p.m.)
Time: 9:58 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 991 (Public Act No. 160), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding section 21102a.
(Filed with the Secretary of State on July 19, 2022, at 12:20 p.m.)
Respectfully,
Gretchen Whitmer
Governor
The following message from the Governor was received on July 15, 2022, and read:
EXECUTIVE ORDER
No. 2022-4
Unavailability of Interstate Extradition
Abortion has been legal in all states and territories of the United States since the U.S. Supreme Court’s 1973 decision in Roe v. Wade. For nearly 50 years, women have had the right to secure crucial, medically necessary health care—and with that right, the freedom to make decisions about their pregnancies that benefit themselves and their families.
Recently, in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court overturned Roe and held that abortion is not a fundamental right under the U.S. Constitution. A woman’s right to health care, and the protection of her bodily autonomy and economic freedom, are now subject to the whims of state legislatures and will be unevenly protected across the United States.
Michigan has a 91-year-old statute on the books that purports to criminalize the provision of abortion except when necessary to save the life of a pregnant woman, without exceptions even for rape or incest. Though it is currently enjoined, the law exemplifies the grave threats women and health-care providers face throughout the United States.
I have brought a lawsuit challenging that law. Whatever the U.S. Supreme Court says about the U.S. Constitution, the Michigan Constitution contains a right to privacy and bodily autonomy that makes the 1931 law invalid. In addition, Michigan’s Equal Protection Clause forbids discriminatory laws like the criminal abortion statute, which is premised on outdated sex-based classifications and overbroad generalizations about the role of women in the workforce and in families.
I have also taken executive action to
promote access to reproductive health care. In Executive Directive 2022-5,
issued on May 25, 2022, I instructed my departments and agencies not to cooperate
with or assist the authorities of any state in any investigation or proceeding
against an individual for obtaining or providing, or assisting another to
obtain or provide, any legal reproductive health care. I also required them to
provide information on ways they could increase the protection of reproductive
rights in Michigan and make more information about reproductive choice
available to Michiganders. As a result, we have published new guides to give
people information about available contraception and family-planning options.
But there is more work to be done. I cannot in good conscience participate in other states’ efforts to make it a crime to exercise a fundamental right or to punish health-care providers. A woman’s health, not politics, should guide life-changing medical decisions.
Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:
1. The Office of the Governor will decline to assist with or effectuate the extradition of persons to or from Michigan when the charged criminal conduct is the provision of, receipt of, securing of, or assistance with reproductive health-care services, including abortion.
2. Consistent with the requirements of Article IV, Section 2, Clause 2 of the U.S Constitution, paragraph 1 does not apply when the person who is the subject of the request for arrest or surrender was physically present in the requesting state at the time of the commission of the alleged offense and thereafter fled from that state.
Given under my hand and the Great Seal of the State of Michigan.
Date: July 13, 2022
Time: 8:00 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 July 15, 2022, and read:
EXECUTIVE ORDER
No. 2022-5
Michigan Parents’ Council
Michigan Department of Education
Parents are their children’s first and most important teachers. As a mother who sent both of her daughters to public schools, I understand firsthand the importance of family involvement in a child’s education. When parents and schools are close partners, kids thrive. Communities across Michigan have strong formal and informal opportunities for parents, educators, and schools to work together to support kids. Opportunities to continue to engage with parents and families at the state level will help ensure every child receives an excellent education.
This year’s School Aid Act shows what public officials can achieve when they listen to parents. As I have traveled the state, parents’ consistent message has been to invest in education: invest in teachers and support staff; invest in mental health supports; and invest in school safety. With strong parental support, I have done that. This year’s budget marks the highest per-pupil state funding in Michigan history—$9,150 for every child, in every district, to help them learn in-person. It also invests additional resources for the nearly 200,000 special education students and nearly 750,000 at-risk students in Michigan.
Organizing conversations across the state to engage with families throughout the fall will only strengthen the work of state government on behalf of Michigan’s kids. These conversations will guarantee that the voices of parents and families are at the forefront in informing education policy and budget recommendations for Michigan’s next budget cycle.
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 places each principal department of state government under the supervision of the governor unless otherwise provided.
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 Parents’ Council
(a) The Michigan Parents’ Council (“Council”)
is created as an advisory body within the Michigan Department of Education (“Department”).
(b) The Council must include:
(1) Seven (7) parents, guardians, or family members (“parents”) appointed by the governor representing various communities within the state and reflecting the diverse geographic, economic, racial, cultural, age, gender, and occupational composition of this state.
(2) Appointees must include parents with children in early childhood learning programs, elementary, middle, and/or high school.
(3) Appointees must represent diverse student experiences, including students with an Individualized Education Plan, who speak English as a second language, and who are in foster or kinship care.
(4) The designated representative of the Superintendent of Public Instruction (“state superintendent”) from the Michigan Department of Education.
(5) The governor’s K-12 policy advisor, or their designee.
(c) A vacancy on the Council must be filled in the same manner as the original appointment or designation.
2. Charge to the Council
(a) The Council must act in an advisory capacity to the governor and the state superintendent and must do the following:
(1) Convene regional roundtables of parents and family members to strengthen the partnerships between parents and schools and to enhance parents’ ability to support their children’s success. Roundtable discussions will cover, at a minimum, strategies and approaches for combating unfinished learning and supporting children’s mental health.
(2) Amplify common themes and ideas presented by parents at regional roundtables to inform the governor’s policy agenda and budget recommendations.
(3) Share input and feedback on education proposals and policies presented by the governor or state superintendent, or their representatives, informed by roundtable discussions.
(4) Provide other advice and take other action as requested by the governor, or her representative.
(b) The Council must submit a report to the governor highlighting major themes from the regional roundtables and summarizing education proposals for potential inclusion in the governor’s budget recommendation by December 9, 2022, or such other time as the governor directs. The Council will dissolve on March 1, 2023, or such other time as the governor directs.
3. Operations of the Council
(a) The Department must assist the Council in the performance of its duties and provide personnel to staff the counsel. Any budgeting, procurement, and related management functions must be performed under the direction and supervision of the state superintendent, or his designee.
(b) The governor must designate a chairperson of the Council.
(c) A majority of the members of the Council constitutes a quorum for the transaction of the business of the Council.
(d) The Council must adopt procedures, consistent with this order and applicable law, governing its organization and operations.
(e) The Council must meet at the call of its chairperson and as otherwise provided in the procedures adopted by the Council.
(f) The Council must comply with the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(g) The Council may organize itself to best serve its needs.
(h) The Council may, as appropriate, make inquiries, review studies, and receive comments from the public. The Council also may consult with outside experts to perform its duties, including experts in the private sector, organized labor, government agencies, and at institutions of higher education.
(i) The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the state superintendent deems feasible, advisable, and necessary, consistent with this order and applicable law, rules, and procedures, subject to available funding.
(j) The Council 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.
(k) Members of the Council must not receive additional compensation for participation on the Council. Members of the Council may receive reimbursement for necessary travel and expenses, consistent with applicable law, rules, and procedures, subject to available funding.
(l) Members of the Council must refer all legal, legislative, and media contacts to the Department.
4. Implementation
(a) All departments, committees, Council members, or officers of this state must give to the Council, or to its chairperson, any necessary assistance required by the Council, or its chairperson, in the performance of the duties of the Council 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 Council, consistent with applicable law.
(b) 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.
(c) 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.
(d) Executive Order 2011-7, section II(B), is amended as follows: “The Director of the Department of State Police” is hereby replaced with “The Director of the Michigan State Police, or his or her designee”; “The Director of the Department of Human Services, or his or her designee” is hereby replaced with “the Director of the Department of Health and Human Services, or his or her designee”; and “The Director of the Department of Community Health, or his or her designee” is deleted.
(e) This order is effective upon filing.
Given under my hand and the great seal of the State of Michigan.
Date: July 15, 2022
Time: 8:00 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 July 18, 2022, and read:
EXECUTIVE ORDER
No. 2022-6
Declaration of State of Emergency
On May 12, 2022, a significant weather system moved through parts of northern Michigan, bringing thunderstorms and heavy rains that set the one-day rainfall record for the local National Weather Service office. Marquette County, including the City of Ishpeming, experienced flash flooding that caused many roads to be impassible to emergency vehicles and resulted in substantial road damage. As a result of the storm and flash flooding, Marquette County declared a local state of emergency on May 24.
Local officials took several actions to respond to the situation, including but not limited to activating the disaster or emergency response and recovery aspects of their emergency operations plans, implementing emergency protective efforts to mitigate damage to public property, and diverting traffic from affected areas. Despite local response efforts, the City of Ishpeming and Marquette County both experienced widespread damage to their road infrastructure, including approximately twenty road closures across the County due to complete or partial failure of the road surfaces. Restoring those roads to the condition that they were in before the storm has and will require a large investment from the County and its municipalities. 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 Marquette County.
2. The Emergency Management and Homeland Security Division of the Department of State Police must 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 August 15, unless extended as provided by the Emergency Management Act.
Date: July 18, 2022
Time: 9:08 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 and read:
July 19, 2022
I respectfully submit to the Senate the following appointment to office pursuant to Article II § 7 of the Michigan Constitution of 1963 and Public Act 116 of 1954, MCL 168.22, 168.22a, and 168.22b:
Board of State Canvassers
Mr. Richard Houskamp of 838 Aleda Court, Grand Rapids, Michigan 49508, county of Kent, succeeding Norman Shinkle who has resigned, appointed to represent Republicans, for a term commencing July 19, 2022 and expiring January 31, 2023.
Respectfully,
Gretchen Whitmer
Governor
The appointment was referred to the Committee on Advice and Consent.
Pursuant to rule 3.104 the Senate proceeded to the order of
Messages from the House
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 6a, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 20m, 21b, 21f, 21h, 22a, 22b, 22c, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 26d, 28, 31a, 31d, 31f, 31j, 31n, 31o, 31p, 31y, 31z, 32d, 32p, 35a, 35d, 35f, 35g, 35h, 39, 39a, 41, 51a, 51c, 51d, 51g, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 97, 97a, 98, 98b, 99h, 99i, 99s, 99t, 99u, 99x, 99aa, 101, 104, 104f, 104h, 107, 147, 147a, 147b, 147c, 147e, 152a, 152b, 201, 202a, 206, 207a, 207b, 207c, 209, 209a, 210h, 226b, 226d, 226g, 229, 229a, 230, 236, 236b, 236c, 236h, 237b, 241, 245a, 251, 252, 256, 259, 260, 263, 264, 265, 265a, 265b, 267, 268, 269, 270c, 274, 275, 275b, 275f, 275g, 275h, 275i, 276, 277, 278, 279, 280, 281, and 282 (MCL 388.1603, 388.1606, 388.1606a, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1620m, 388.1621b, 388.1621f, 388.1621h, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1626d, 388.1628, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1631o, 388.1631p, 388.1631y, 388.1631z, 388.1632d, 388.1632p, 388.1635a, 388.1635d, 388.1635f, 388.1635g, 388.1635h, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651g, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1667a, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1697, 388.1697a, 388.1698, 388.1698b, 388.1699h, 388.1699i, 388.1699s, 388.1699t, 388.1699u, 388.1699x, 388.1699aa, 388.1701, 388.1704, 388.1704f, 388.1704h, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1801, 388.1802a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1810h, 388.1826b, 388.1826d, 388.1826g, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1836h, 388.1837b, 388.1841, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1859, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874, 388.1875, 388.1875b, 388.1875f, 388.1875g, 388.1875h, 388.1875i, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, and 388.1882), sections 3, 202a, 237b, and 275 as amended by 2020 PA 165, sections 6, 6a, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 35d, 35f, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61c, 61d, 62, 65, 67, 67a, 74, 81, 94, 94a, 95b, 98, 99h, 99i, 99s, 99t, 99u, 99x, 101, 104, 104f, 107, 147, 147a, 147b, 147c, 147e, 152a, and 152b as amended and sections 20m, 22c, 26d, 31o, 31p, 31y, 31z, 35g, 35h, 51g, 97, 97a, 98b, 99aa, and 104h as added by 2021 PA 48, section 11 as amended by 2022 PA 93, section 21b as amended by 2014 PA 196, sections 201, 206, 207a, 207b, 207c, 209, 209a, 226b, 226d, 229, 229a, 230, 236, 236b, 236c, 241, 245a, 256, 259, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274, 275f, 275g, 275h, 275i, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 210h, 226g, and 236h as added by 2021 PA 86, sections 251 and 252 as amended by 2019 PA 162, section 265a as amended by 2019 PA 62, and section 275b as amended by 2018 PA 265, and by adding sections 8c, 11x, 11y, 23f, 27a, 27b, 27c, 27d, 27e, 27f, 30c, 31q, 31aa, 31bb, 31cc, 31dd, 31ee, 32n, 32t, 32u, 41b, 51e, 61i, 67c, 67d, 67e, 97b, 97e, 97f, 98c, 99cc, 99dd, 99ee, 104i, 216, 216a, 216b, 226e, 226f, 227, 227a, 236j, 236k, 265f, 265g, 266a, 274a, 275j, and 275k; and to repeal acts and parts of acts.
(For Conference Report, see Senate Journal No. 61, p. 1083.)
The House of Representatives has adopted the report of the Committee of Conference.
Pursuant to rule 1.114(b), the bill was referred to the Secretary for enrollment printing and presentation to the Governor on Friday, July 1, 2022.
Announcements of Printing and Enrollment
House Bill Nos. 6184 6185 6189 6193 6194 6202 6204
The Secretary announced the enrollment printing and presentation to the Governor on Thursday, July 7, for her approval the following bills:
Enrolled Senate Bill No. 248 at 11:08 a.m.
Enrolled Senate Bill No. 101 at 11:10 a.m.
Enrolled Senate Bill No. 624 at 11:12 a.m.
Enrolled Senate Bill No. 134 at 11:14 a.m.
Enrolled Senate Bill No. 406 at 11:16 a.m.
Enrolled Senate Bill No. 1028 at 11:18 a.m.
The Secretary announced the enrollment printing and presentation to the Governor on Monday, July 11, for her approval the following bills:
Enrolled Senate Bill No. 845 at 1:36 p.m.
Enrolled Senate Bill No. 706 at 1:38 p.m.
Enrolled Senate Bill No. 562 at 1:40 p.m.
Enrolled Senate Bill No. 691 at 1:42 p.m.
Enrolled Senate Bill No. 991 at 1:44 p.m.
Enrolled Senate Bill No. 1012 at 1:46 p.m.
Enrolled Senate Bill No. 576 at 1:48 p.m.
Enrolled Senate Bill No. 577 at 1:50 p.m.
Enrolled Senate Bill No. 744 at 1:52 p.m.
Enrolled Senate Bill No. 720 at 1:54 p.m.
Enrolled Senate Bill No. 721 at 1:56 p.m.
Enrolled Senate Bill No. 722 at 1:58 p.m.
Pursuant to House Concurrent Resolution No. 18, the Assistant Secretary of the Senate declared the Senate adjourned until Wednesday, August 17, 2022, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate