STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Wednesday, June 10,
2020.
10:00
a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D.
Gilchrist II.
The roll was called by the
Secretary of the Senate, who announced that a quorum was present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator Jim Stamas of the 36th District
offered the following invocation:
Dear Lord, we thank You for this
opportunity to gather. We thank You for the opportunity to come together. There
are so many opportunities and so many directions that through Your guidance,
through Your will, please enter each of our hearts. Let us know the right
direction. Let us have the opportunity to make that difference for each of the
families across the state. We ask that You be with those who call out your
name, those who are in harm’s way.
In Your name we pray. Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions and Communications
Senator Bullock entered the Senate
Chamber.
Senator Chang moved that Senators
Ananich and Geiss be temporarily excused from today’s session.
The motion prevailed.
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Governor
The
following message from the Governor was received on June 10, 2020, and read:
EXECUTIVE ORDER
No. 2020-117
Expanding
child care access during the COVID-19 pandemic
Rescission
of Executive Order 2020-84
The novel coronavirus (COVID-19) is a
respiratory disease that can result in serious illness or death. It is caused
by a new strain of coronavirus not previously identified in humans and easily
spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department of
Health and Human Services identified the first two presumptive-positive cases
of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4.
This order declared a state of emergency across the state of Michigan under
section 1 of article 5 of the Michigan Constitution of 1963, the Emergency
Management Act, 1976 PA 390, as amended, MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945
PA 302, as amended, MCL 10.31 et seq.
Since then, the virus spread across
Michigan, bringing deaths in the thousands, confirmed cases in the tens of
thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are being challenged on appeal.
On May 22, 2020, I issued Executive
Order 2020-99, again finding that the COVID-19 pandemic constitutes a disaster
and emergency throughout the State of Michigan. That order constituted a state
of emergency declaration under the Emergency Powers of the Governor Act of
1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the Governor
Act provides a sufficient legal basis for issuing this executive order. In
relevant part, it provides that, after declaring a state of emergency, “ the governor
may promulgate reasonable orders, rules, and regulations as he or she considers
necessary to protect life and property or to bring the emergency situation
within the affected area under control.” MCL 10.31(1).
Nevertheless, subject to the ongoing
litigation and the possibility that current rulings may be overturned or
otherwise altered on appeal, I also invoke the Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the
Emergency Management Act when emergency and disaster conditions exist yet the
legislature has not granted an extension request, they too provide a sufficient
legal basis for this order.
To respond effectively to the urgent
and steep demands created by this pandemic, providers of health care, emergency
medical services, law enforcement, and other essential services require child
care services for their children, particularly when schools and summer camps
are closed. Meeting this critical need requires swiftly but safely expanding
access to child care services. To that end, I issued Executive Order 2020-84
because it was reasonable and necessary to provide temporary and limited relief
from certain regulatory restrictions regarding child care services, and to
facilitate the use of certain property for those services.
This order extends policies of
Executive Order 2020-84 for an additional 28 days, as it remains reasonable and
necessary to suppress the spread of COVID-19 and protect the public health and
safety of this state and its residents by expanding access to child care
services. With this order, Executive Order 2020-84 is rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Strict compliance with section 7a of the Child
Care Organizations Act, 1973 PA 116, as amended, MCL 722.117a, is suspended as
follows:
(a) A provisional license may be issued without
submission to the Department of Licensing and Regulatory Affairs (“LARA”) of an
acceptable plan to overcome the deficiency present in the child care
organization within the time limitations of the provisional licensing period.
(b) A provisional license may be issued with an
expiration date no earlier than one month after the date of issuance and no
later than six months after the date of issuance, and may be renewed at the
discretion of LARA until the end of the declared states of emergency and
disaster.
2. Strict compliance with subsection (2) of
section 5m of the Child Care Organizations Act, 1973 PA 116, as amended, MCL
722.115m(2), is suspended, as follows:
(a) An employer may establish and maintain a
disaster relief child care center without a license from LARA.
(b) A school district or a nonpublic school may
establish and maintain a disaster relief child care center in a school building
without a license from LARA.
3. LARA must issue rules and/or orders governing
disaster relief child care centers.
(a) A disaster relief child care center must comply
with the requirements imposed by any LARA rules and orders governing disaster
relief child care centers.
(b) Such rules and/or orders must, at a minimum,
require that disaster relief child care centers follow the safe sleep
guidelines, including appropriate sleeping equipment for children under 12
months of age; follow applicable guidelines for diapering, handwashing, and
sanitizing; provide porta-cribs, cots, or mats for children older than twelve
months to sleep or rest; and solicit information about, and communicate with
parents and guardians regarding, a child’s medicine, allergies, including food
allergies; and other special needs.
4. Disaster relief child care centers may operate
in any school facilities operated by a school district or nonpublic school that
are closed and are approved for student use. Early childhood staff, student
teachers, teachers, and individuals who provide before and after care may
provide child care in these settings. The Michigan Department of Education (“MDE”)
is authorized to credit the hours that student teachers work toward teacher
preparation graduation requirements and MDE licensure requirements.
5. Rule 400.8110(5) of the Michigan Administrative
Code is suspended for disaster relief child care centers. Notice of any change
in capacity and age groups must be provided to LARA.
6. Insofar as section 11 of the Emergency
Management Act, MCL 30.411, remains in effect, a disaster relief child care
center operated by a school district in accordance with section 2(b) of this
order, including its employees, is designated as a disaster relief force under
subsection (f) of section 2 of the Emergency Management Act, 1976 PA 390, as
amended (“EMA”), MCL 30.402(f), and is entitled to the immunities set forth in
subsections (1) through (3) of section 11 of the EMA, MCL 30.411(1)-(3).
7. Disaster relief child care centers operated by
school districts constitute a pilot program under the Public Employment
Relations Act, 1947 PA 336, MCL 423.201 et
seq., and they have authority to charge for reasonable and customary
services.
8. School districts and nonpublic schools should
first identify employees who voluntarily elect to become a disaster relief
child care center participant before reassigning other employees to work in
these centers, to the extent authorized under applicable contracts and laws.
School districts and nonpublic schools may not require an employee to work in a
disaster relief child care center if the employee: has a confirmed diagnosis of
COVID-19; is displaying the symptoms of COVID-19; is 60 years or older; has an
underlying condition that places the employee at an elevated risk of serious
illness from COVID-19; or has been in contact with someone with a confirmed
diagnosis of COVID-19 in the last 14 days.
9. A disaster relief child care center must
perform a health evaluation of all individuals who enter the center each time
the individual seeks to enter the center, and must deny entry to those
individuals who do not meet the evaluation criteria. The evaluation criteria
must include: symptoms of a respiratory infection, such as fever, cough, or
shortness of breath; and contact in the last 14 days with someone with a
confirmed diagnosis of COVID-19.
10. For purposes of this order:
(a) “Disaster relief child care center” means a
child center offering child care pursuant to this order. A disaster relief
child care center must give priority for its services to the essential
workforce, but may also provide child care services to the general public as
space and governing rules and/or orders permit.
(b) “Essential workforce” includes health care
workers, home health workers, direct care workers, emergency medical service
providers, first responders, law enforcement personnel, sanitation workers,
child care workers (including any employees acting as child care workers in
disaster relief child care centers), personnel providing correctional services,
postal workers, public health employees, key government employees, court
personnel, and others providing critical infrastructure to Michiganders,
including any individuals performing (remotely or in person) critical
infrastructure work, necessary government activities, or minimum basic
operations under Executive Order 2020-42 or any order that may follow from it.
(c) “Critical infrastructure” includes utilities,
manufacturing, mass transit, and groceries or other essential supplies, goods,
or equipment.
(d) “Key government employees” includes child
protective services workers, child welfare workers, foster care workers
including those from contracted agencies, recipient rights workers, employees
of the Executive Office of the governor, cabinet officers and their designees,
Department of Health and Human Services field office staff, Unemployment
Insurance Agency employees, and other employees identified by the Department of
Technology, Management, and Budget.
11. Nothing in this order shall be construed to
diminish or relax in any way the restrictions and requirements imposed by
Executive Order 2020-115 or any order that may follow from it.
12. This order is effective immediately and
continues through July 7, 2020.
13. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order is a misdemeanor.
14. Executive Order 2020-84 is rescinded.
Given under my hand and the Great Seal
of the State of Michigan
Date:
June 9, 2020
Time:
8:15 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The
executive order was referred to the Committee on Government Operations.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
Senators
Hertel and Stamas introduced
A bill
to amend 1984 PA 431, entitled “The management and budget act,” by amending
section 365 (MCL 18.1365), as added by 2019 PA 160.
The
bill was read a first and second time by title.
Senator MacGregor moved that rule 3.203 be suspended
and that the bill be referred to the Committee of the Whole and placed on the
order of General Orders.
The motion prevailed, a majority of the members serving
voting therefor.
Senators Wojno, Bayer, Polehanki, Brinks, McCann,
Bullock, Chang, Santana and Hollier introduced
A bill to amend 2011 PA 256, entitled “Michigan
fireworks safety act,” by amending sections 7 and 12 (MCL 28.457 and 28.462),
section 7 as amended by 2018 PA 635 and section 12 as amended by 2018 PA 634.
The bill was read a first and second time by title and
referred to the Committee on Regulatory Reform.
Senators Geiss, Brinks, Chang, Bullock, Polehanki,
Ananich, Bayer and Irwin introduced
A bill to amend 1939 PA 280, entitled “The social
welfare act,” (MCL 400.1 to 400.119b) by adding section 109n.
The bill was read a first and second time by title and
referred to the Committee on Health Policy and Human Services.
By unanimous consent the Senate
returned to the order of
Resolutions
Senate
Concurrent Resolution No. 27
The motion prevailed.
Senate
Concurrent Resolution No. 27.
A concurrent resolution to
declare that racism is a public health crisis in the state of Michigan and
commit the Legislature to action and collaboration with the Governor to promote
racial equity and justice throughout the entire state of Michigan.
Whereas, Racism is rooted in the
foundations of the United States. From the time chattel slavery began in the
1600s, to the Jim Crow era, to the mass incarceration of Black citizens, racism
has remained an endemic presence in American society. While the manifestation
of prejudice has undergone structural changes over time, the underlying problem
remains. People of color have been disadvantaged and subjected to hardships and
outright brutality since the founding of our nation; and
Whereas, The COVID-19 Pandemic
has highlighted the stark racial injustices that are still present in American
society. Black patients across the nation are dying in larger-than-expected,
record numbers, and COVID-19 is killing Black people at 2.4 times the rate of
White people. In Michigan, Black people make up less than 14 percent of the
population, yet they account for 40 percent of the COVID-19 deaths in the
state; and
Whereas, Black people are
disproportionately suffering in part due to long-standing, unaddressed health
disparities, as well as systematic racism and other socioeconomic inequities.
The Black community experiences disproportionately higher rates of
homelessness, incarceration, and economic hardships, which exacerbate existing
health issues; and
Whereas, Michigan’s racist
history has contributed to the current health disparities that Black Michigan
residents experience. Discriminatory lending practices in the 20th century,
known as redlining, created segregated communities in Michigan. Black
communities were limited to areas with restricted access to healthy foods,
clean water, and other essential resources, leading to a variety of other
health issues, including reduced life expectancy, higher rates of infant
mortality, and higher rates of lead poisoning. In addition, Michigan
institutions have demonstrated a disregard for Black lives, as was made evident
by the Flint water crisis; and
Whereas, Governor Gretchen
Whitmer, Lieutenant Governor Garlin Gilchrist and Michigan’s Chief Medical
Executive Dr. Joneigh Khaldun have all publicly condemned the racism embedded
in every fabric of our culture, voiced support for peaceful protests to bring
issues of racism and bigotry to the forefront, and recognized that racial
inequities are directly linked to poor health outcomes in Black Americans; and
Whereas, Governor Whitmer signed
Executive Order 2020-55 on April 20,2020, which established the Michigan
Coronavirus Task Force on Racial Disparities to examine factors that contribute
to racial inequities and make policy recommendations on how to meaningfully
address them; and
Whereas, The privileges that
other Americans experience inhibit them from fully understanding how racism
impacts citizens of color throughout the country, including here in Michigan.
Tasks such as driving, walking, and simply breathing should not result in
citizens of color living in constant fear of being harassed, arrested, shot, or
killed as a result of racist policing; now, therefore, be it
Resolved by the Senate (the House
of Representatives concurring), That we declare that racism is a public health
crisis in the state of Michigan and we commit to working collaboratively with
the Governor and every sector of society to develop an ongoing strategy to
address, fund, and support solutions that strategically reduce the long-term
impact that racism has on the quality of life and health for citizens of color
in the state of Michigan; and be it further
Resolved, That copies of this
resolution be transmitted to the Governor, the Lieutenant Governor, the Chief
Medical Executive for the Michigan Department of Health and Human Services, and
the Director of the Michigan Department of Health and Human Services.
Senator
Geiss entered the Senate Chamber.
By
unanimous consent the Senate returned to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator Daley as Chairperson.
After
some time spent therein, the Committee arose; and the President, Lieutenant
Governor Gilchrist, having resumed the Chair, the Committee reported back to
the Senate, favorably and without amendment, the following bills and joint
resolution:
House Bill No. 5412, entitled
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
section 3476 (MCL 500.3476), as amended by 2017 PA 223.
House Bill No. 5413, entitled
A bill
to amend 1980 PA 350, entitled “The nonprofit health care corporation reform
act,” by amending section 401k (MCL 550.1401k), as added by 2012 PA 214.
House Bill No. 5414, entitled
A bill
to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c
and 100d (MCL 330.1100c and 330.1100d), section 100c as amended by 2016 PA 320
and section 100d as amended by 2015 PA 59.
House Bill No. 5415, entitled
A bill
to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to
400.119b) by adding section 105g.
A bill
to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to
400.119b) by adding section 105g.
Senate Joint Resolution G, entitled
A joint
resolution proposing an amendment to the state constitution of 1963, by
amending section 11 of article I, to require the government to obtain a search
warrant in order to access a person’s electronic data or electronic
communication.
The
bills and joint resolution were placed on the order of Third Reading of Bills.
House Bill No. 4449, entitled
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
section 3107b (MCL 500.3107b), as amended by 2014 PA 263.
Substitute
(S-2)
House Bill No. 5141, entitled
A bill
to amend 1954 PA 116, entitled “Michigan election law,” by amending sections
765 and 765a (MCL 168.765 and 168.765a), section 765 as amended by 2018 PA 603
and section 765a as added by 2018 PA 123, and by adding section 764d.
Substitute
(S-5)
The following is the amendment to the substitute recommended by the
Committee of the Whole:
1. Amend page 6,
line 14, after “act.” by inserting “In addition, this section does not provide any additional
duties or responsibilities for the secretary of state for conducting elections
under this act.”.
Senator
Ananich entered the Senate Chamber.
By unanimous
consent the Senate returned to the order of
Motions and Communications
House Bill No. 5141
The motion prevailed, a majority of the
members serving voting therefor.
By
unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator
MacGregor moved that the Senate proceed to consideration of the following
bills:
House Bill No. 5313
House Bill No. 5195
Senate Bill No. 942
House Bill No. 5141
The
motion prevailed.
The
following bill was read a third time:
House Bill No. 5313, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 801 (MCL 257.801), as amended by 2019 PA 88.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
166 Yeas—28
Ananich Hollier MacGregor Schmidt
Barrett Horn McBroom Shirkey
Bizon Johnson McCann Stamas
Brinks LaSata Nesbitt Theis
Bumstead Lauwers Outman VanderWall
Daley Lucido Runestad Victory
Hertel MacDonald Santana Zorn
Nays—10
Alexander Chang McMorrow Polehanki
Bayer Geiss Moss Wojno
Bullock Irwin
Excused—0
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“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,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 5195, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 809 (MCL 257.809), as amended by 2019 PA 88.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
167 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“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,”.
The Senate agreed to the full title.
The
following bill was read a third time:
Senate Bill No. 942, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending sections 205, 233, 609d, and 1014
(MCL 436.1205, 436.1233, 436.1609d, and 436.2014), section 205 as amended by
2015 PA 246, section 609d as added by 2020 PA 26, and section 1014 as added by
2015 PA 47, and by adding sections 537a, 538, and 551.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
168 Yeas—37
Alexander Geiss MacDonald Santana
Ananich Hertel MacGregor Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley
Nays—1
McBroom
Excused—0
Not
Voting—0
In The
Chair: President
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 5141, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending sections 765 and 765a (MCL 168.765 and 168.765a),
section 765 as amended by 2018 PA 603 and section 765a as added by 2018 PA 123,
and by adding section 764d.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
169 Yeas—36
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Nays—2
Johnson Runestad
Excused—0
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to reorganize, consolidate, and add to
the election laws; to provide for election officials and prescribe their powers
and duties; to prescribe the powers and duties of certain state departments,
state agencies, and state and local officials and employees; to provide for the
nomination and election of candidates for public office; to provide for the
resignation, removal, and recall of certain public officers; to provide for the
filling of vacancies in public office; to provide for and regulate primaries
and elections; to provide for the purity of elections; to guard against the
abuse of the elective franchise; to define violations of this act; to provide
appropriations; to prescribe penalties and provide remedies; and to repeal
certain acts and all other acts inconsistent with this act,”.
The Senate agreed to the full title.
By
unanimous consent the Senate proceeded to the order of
Statements
The
motion prevailed.
Senator Bayer’s statement is as
follows:
I’d like to give my statement of
support to our colleague from the 4th District’s resolution, Senate Concurrent
Resolution No. 27. I support declaring racism a public health crisis. When my
husband suffered a stroke, I didn’t think for even a minute about our ability
to get adequate, appropriate care for him. I didn’t think about his symptoms
being dismissed by doctors and nurses, or that he wouldn’t get proper care, or
that someone might just give him a pain pill and tell him to go home, which
would have killed him. When he was sent home I went to the drugstore to pick up
his medicine. I didn’t have to think about the looks I’d receive about why I
was there or worry about someone following me around to see what I was doing.
Whether we realize it or not,
these everyday thoughts and actions—the many, many things that we do every day
without even thinking about it—this is white privilege. This is part of why I’m
standing here in strong support of declaring racism a public health crisis.
Last week in fact, the Michigan Primary Care Association issued a statement
acknowledging that racism is a public health crisis. In it, they said, “The
racism at the root of police violence against Black people is the same racism
at the root of many health inequities people of color face—and that our health
centers see reflected in their patients every day.” It is tragic that we have
gotten to the year 2020 and are still having to talk about systemic racism as
though the civil rights era never happened. As Ta-Nehisi Coates wrote, “An
America that looks away is ignoring not just the sins of the past, but the sins
of the present and the certain sins of future.”
My colleagues, black and brown
Americans are asking us—asking white people particularly—to reflect on the
murders of George Floyd, Breonna Taylor, Tamir Rice, and others; to stop
looking away, to stop ignoring the sins of the past and the present; to reflect
and show our force of character, have these difficult conversations amongst our
friends and family. Black people don’t need us to talk to them about racism.
We, white people, need to have this conversation. I ran for office because I
believe in acting on and addressing real problems and I believe that together,
we can make this difference. So to all of my colleagues who have spoken so
eloquently about systemic racism over the last few weeks: I hear you, I see
you, and you have my commitment to do whatever is necessary and just so that we
can build a better tomorrow.
Senator Hertel’s statement is as
follows:
I rise to offer my support and to
ask the majority to take up Senate Concurrent Resolution No. 27 declaring
racism a public health crisis in Michigan. First, I’d like to offer a quote by
Rev. Nancy McDonald Ladd:
When we say, “Save the rainforest,” we
don’t mean that we cease to honor the mighty cedars or the reaching pines. We
mean that one particular piece of a deeply sacred whole is more at risk than others,
and that this risk—this threat—is worthy of our very bravest actions. So it is
with black lives in this country, and the message that black lives matter is
important so long as this nation effectively functions as if they do not.
Colleagues, it is time for this
body to say two simple but undeniable truths—black lives matter, and racism is
a public health crisis. Racism is a longstanding, systemic structure in this
country that must be dismantled through brutally honest conversations, policy
changes, and practices. There are structural inequalities in nearly all aspects
of life. From the economy to housing to our health care delivery systems, there
is clear evidence of racial disparities. We know that the black community
experiences disproportionately higher rates of homelessness, incarceration, and
economic hardship that dramatically increases stress and impacts health. We’ve
seen study after study documenting how racial discrimination impedes equal
access to stable housing, health care, and other social services that have an
impact on health.
Even in our capital city—the
people’s city—our history is plagued with racism. Just one example is the
construction of Interstate 496 which many of you drive on every day as you come
to session. It began to be built in 1963. By the time the project was finished
in 1970, more than 840 homes and businesses in the heart of Lansing’s St.
Joe-Main Street neighborhood, the largest African American neighborhood, had
been demolished. The neighborhood is remembered fondly by people who lived
there as a neighborhood where the social fabric was tight-knit and where folks
didn’t have to lock their doors. But because no one in power cared, an entire
community was bulldozed and demolished. And what was left was a social construct
that left an entire community in ruins.
In the midst of our current
pandemic, we see disproportionate health outcomes even more clearly. COVID
infection rates are five times higher in majority-minority zip codes than in
white neighborhoods. While African Americans only represent 14 percent of
Michigan’s population, they represent a staggering 40 percent of the
deaths from COVID-19. We didn’t need COVID-19 to tell us that black
Michiganders have worse health outcomes than white Michiganders, but the evidence
is stark. I’ve heard the talking point that COVID only affects those with
pre-existing conditions. Unfortunately for many, being black in America is a
pre-existing condition. African American Michiganders experience higher rates
of asthma, heart disease, and fatality rates from prostate cancer and colon
cancer. The disparities are wide-ranging and show up everywhere we can see it.
Colleagues, we often are too
comfortable with our privilege. We have fancy titles, and those of you who look
like me, who love someone of the other gender like me, and those of us who were
born of the gender they identify with like me have a special kind of privilege,
and we must use that privilege to end that privilege. That is how our world
heals. And you might say, I have black friends, that members of my family are
black, and that I don’t see color. Well, that is little comfort to George
Floyd, or Breonna Taylor, or Botham Jean, or Ahmaud Arbery, or Trayvon Martin,
or Sandra Bland, or Fred Temple, or Aubrey Pollard. The list is so long, I
would need much more five minutes allotted to Statements to give it. They
deserve justice, they deserve action, and in their names and countless others,
they deserve our declaration of racism as a public health crisis. We must use
our breath to speak out because their breath was stolen from them. Black lives
matter. Period.
Senator Bullock’s statement is as
follows:
Colleagues, I rise to just claim
another small step in the pandemic of racism with Senate Concurrent Resolution
No. 27. We all watched as black and brown communities disproportionately were
contracting and dying from the COVID-19 virus. The overall questions were why?
How? The common response was pre-existing conditions—diabetes, high blood
pressure, heart disease—the gamut of conditions due to the lack of stable
health care. So much so, the state of Michigan initiated a Coronavirus Task
Force on Racial Disparities, with leaders and elected officials to address this
assessment. Addressing when we say pre‑existing conditions, we are
talking about one’s history. Well, that evolves from the history of America and
black America and racism’s impact on our black and brown communities. Those
communities all share common social and economic factors designed by systematic
racism, social determinants of health already in place before this pandemic.
These factors increase black peoples’ risk of COVID-19—living in crowded
housing, it impacts our childhood, our upbringing living in public and
segregated housing, predatory housing practices such as the GI bill, and
redlining. The reality is there is no safe way to social distance in black and
brown communities.
We work low or minimum wage,
frontline jobs which are basically the essential jobs first—the bus driver, the
fast food worker, the nurse. We have inconsistent access to health care. We
either have no or public health insurance, a provider who dismisses us with
implicit bias, little mental health or social service support, chronic health
conditions from all forms of discriminatory policies that contribute to our
neglected neighborhoods, pollution, lack of nutrition from no grocery stores
and such. We are stressed daily just living in our black skin. Through
dismantled education we literally in this state have a lawsuit for literacy.
Household income inequality, discrimination, subtle racism, daily violence,
inhumane police interaction, and police brutality. And let’s not forget the
actual judicial system. This all narrows down to one single factor, the number
one. I say the only pre-existing condition that truly impacts black people and
their health is racism. Racism led to those social determinants of health.
Racism led to police brutality and profiling. Racism led to redlining.
Redlining is the systematic tool to deny various services by federal government
agencies, local governments, as well as the private sector. Neighborhoods with
a high proportion of minority residents are more likely to be redlined than
other neighborhoods with similar household income, housing age and type, and
other determinants of risk but different racial comparisons. You can put two
adjacent neighborhoods together and one neighborhood probably has a 15-year
longer lifespan than the other neighborhood just based on these racist factors.
These communities are all undeniably
where the COVID hotspots are. Where you live matters to your health and racism can only be solved through
social justice. Police and justice reform to place us on a path of
healing and unity. COVID put the world, America, and Michigan on pause to put racism
and police brutality on trial publicly for the world to see what we have been
detailing and expressing for generations. I dare not read the names of the
martyrs that would emphatically give testimony to this resolution, however they
are no longer here and it would take an additional 8 minutes and 46 seconds to
recite them. Black lives matter. This doesn’t mean all lives don’t matter. They
do, it just means black lives are constantly under threat and we deserve the
same rights you do.
Michigan’s top health official,
Dr. Khaldun, stated that the use of data to show racism is a public health
crisis, so help us address the public health pandemic of racism. Help us take
on hate. Senate Concurrent Resolution No. 27 should be passed unanimously,
bicameral and bipartisan.
Senator Santana’s statement is as
follows:
Change is on the way whether you
choose to accept it or not.
A careful observation of the
protestors will immediately bring to your attention that they are not angry
black senior citizens singing Negro spirituals and being led on a march by the
NAACP. In fact, these protestors are the complete opposite. These protestors
grew up in your community. They listened to conversations at your kitchen
tables in your subdivisions and they graduated from your high schools and they
left home and they went to college and realized that the world is a much bigger
place. Now, they’re back to challenge the outdated thinking that is forced unto
them. These protestors are largely white, in their 20s, they vote, they understand
how government works and doesn’t work. They view the world differently and they
are not afraid to challenge the system. They are ones carrying ‘black lives
matter’ signs. This is our moment to create a systematic change related to
racial disparities and policies if there is a genuine desire to do so.
Last week, I stood here united
with my colleague from the 22nd District to denounce destruction of property by
rioters. We also voted on Senate Bill No. 945 to improve the training for our
law enforcement community. These were great steps towards progress, unity, and
understanding, but we have a larger journey ahead of us.
As we advance progress, I want to
alert you to a fatal flaw. In the weeks to come, high-level leadership will
have a special announcement in Detroit we call the ‘okeedoke.’ The ‘okeedoke’
works like this—1) a task force, commission, or special committee will be
formed to address the current problems in our society; 2) the same people who
always get appointed to these boards will get appointed to this board; 3) they
will write a report away from the public eye; and 4) a report will be released
and a press conference held. Everyone feels good, and nothing changes.
So before all of that happens,
let me tell you what we don’t need. Let me tell you what the protestors are not
asking for. We don’t need a special committee to review the study of racial
disparities if you need to understand what’s going on.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills were printed and filed on Tuesday,
June 9 and are available on the Michigan Legislature website:
Senate
Bill No. 962
House
Bill No. 5841
COMMITTEE
ATTENDANCE REPORT
The
Committee on Elections submitted the following:
Meeting
held on Tuesday, June 9, 2020, at 12:30 p.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building
Present:
Senators Johnson (C), McBroom, Lucido, VanderWall and Wojno
COMMITTEE
ATTENDANCE REPORT
The
Committee on Oversight submitted the following:
Meeting
held on Tuesday, June 9, 2020, at 2:00 p.m., Room S403, 4th Floor, Capitol
Building
Present:
Senators McBroom (C), Lucido, Theis, MacDonald and Irwin
Advice and Consent - Thursday, June 11, 12:00 noon, Room S403, 4th Floor, Capitol Building
(517) 373‑5314
COVID-19 Pandemic Joint Select - Thursday, June 11, 8:15 a.m., Room 519, Anderson House
Office Building, (517) 373-5795
Health Policy and Human Services - Thursday, June 11, 1:30 p.m., Senate Hearing Room,
Ground Floor, Boji Tower, (517) 373-5323
Judiciary and Public Safety - Thursday,
June 11, 8:30 a.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building (517) 373-5312
Natural Resources - Thursday, June
11, 8:30 a.m., Room S403, 4th Floor, Capitol Building (517) 373-5312
State
Drug Treatment Court Advisory Committee
- Tuesday, June 23, 1:30 p.m., Room
352, House Appropriations Room, 3rd Floor, Capitol Building (517) 373-0212
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:50 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Thursday, June 11, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate