STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, October 24, 2019.
10:00 a.m.
The
Senate was called to order by the President pro tempore, Senator Aric Nesbitt.
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
Rabbi Amy Bigman of Congregation Shaarey
Zedek of East Lansing offered the following invocation:
I’d like to share with you a
little bit from the scriptural reading that Jews around the world are reading
this week, which comes from the opening chapters of the book of Genesis,
specifically 1:1-6:8. This is a rather long portion which contains the stories
of creation and the stories of the first humans: Adam and Eve and their sons,
Cain and Abel.
We learn in this portion that
Abel becomes a shepherd and Cain a farmer. And as such, they are dependent upon
each other as one supplies the food and the other supplies the wool and skins
for protection. They need each other in order to survive. Cain kills his
brother, for reasons that are not stated, and God asks Cain where Abel is. His
answer? “Am I my brother’s keeper?”
Although unstated, our tradition
has always understood that the answer is yes. Just as each brother is the other’s
keeper, so too are we each other’s keepers, whether it’s members of my temple
to one another or to our East Lansing community, each of you Senators to your
districts, or all of us to other residents of Michigan. We are all tied to each
other. We are each other’s keepers. As such, we always need to remember to work
for the greater good. This is a key concept of Judaism and, I know, of other
religions. May each of us be guided by this principle every day, in both our
personal and our professional lives. Thank you.
The
President pro tempore, Senator Nesbitt, led the members of the Senate in
recital of the Pledge of Allegiance.
The Assistant President pro tempore,
Senator Theis, assumed the Chair.
Motions and Communications
Senator Ananich entered the Senate
Chamber.
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 bill:
Senate
Bill No. 174
The motion prevailed.
The following bill was read a third
time:
Senate Bill No. 174, entitled
A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending
the title and sections 1, 3, 7, 9, 11b, 12, 14, 19, 20, 22, 31, 39, 40, 43, 44,
and 46 (MCL 287.701, 287.703, 287.707, 287.709, 287.711b, 287.712, 287.714,
287.719, 287.720, 287.722, 287.731, 287.739, 287.740, 287.743, 287.744, and
287.746), the title and section 43 as amended by 1996 PA 369, sections 1, 20,
39, and 40 as amended by 2000 PA 323, sections 3, 9, 11b, 14, 19, 22, and 44 as
amended by 2002 PA 458, section 7 as amended by 1994 PA 41, sections 12 and 31
as amended by 2003 PA 271, section 43 as amended by 1996 PA 369, and section 46
as added by 2009 PA 117, and by adding sections 3a, 3b, 12a, 12b, 14a, 17b,
17c, 17d, 40a, 40b, and 43a; and to repeal acts and parts of acts.
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. 277 Yeas—21
Ananich LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson
Nays—17
Alexander Chang Irwin Moss
Barrett Geiss McBroom Polehanki
Bayer Hertel McCann Santana
Brinks Hollier McMorrow Wojno
Bullock
Excused—0
Not
Voting—0
In The Chair: Theis
The Senate agreed to the title of the
bill.
Protests
Senators Polehanki, Bayer, McCann,
Wojno, Hollier, Alexander, McBroom and Hertel, under their constitutional right
of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.
174.
Senators Polehanki and McBroom moved
that the statements they made during the discussion of the bill be printed as
their reasons for voting “no.”
The motion prevailed.
Senator Polehanki’s statement, in which Senators Bayer, McCann, Wojno, Hollier and Alexander concurred, is as follows:
Today I rise to give my “no” vote
explanation on Senate Bill No. 174.
In 2009, a coalition of stakeholders
came to an agreement that would grant more space for egg-laying hens in 2020.
Today, the bill we have before us extends that date out, which results in
egg-laying hens remaining in battery cages—a cage smaller than a standard piece
of computer paper, for five more years than was agreed upon. I’m hopeful that a
negotiation on the date can be made in the House Chamber, but until then I
cannot support this legislation as written.
Senator McBroom’s statement, in which
Senator Hertel concurred, is as follows:
To you and to my other colleagues here,
as you may recall, I am a believer that this legislation smells like a rotten
egg. Much like one bad apple spoils a whole barrel, it only takes one bad egg
to make an otherwise good policy fowl. And I’m not really interested in
overcooking these eggs, but I feel it’s necessary to discuss why I’ll be voting
“no” on this legislation. And that’s pretty much it for my bad egg puns. I
wanted to do more, but I ran out of time.
This legislation,
as the previous speaker mentioned, originates because the Legislature got
involved in 2009 in a way that was significantly
inappropriate; in a way that allowed a group—a special interest group—to bully
some of our own citizens into action. Rather than going through the natural
process that they should have of going to the marketplace and demanding that or
informing consumers and then having consumers make
an informed choice, they went instead to the Legislature and asked for help.
They came to the Legislature and said, “Protect us from these bullies.
We’ve made a deal with them and we want your help putting that in law so they
leave us alone.” And the Legislature capitulated to that. A lot of the farm
groups capitulated to that. They said, “We’re scared. We saw what happened in
California. We’re scared about what the low knowledge of agriculture is doing
to our consumers, and we don’t have the ability to fight this off.” I think
they were wrong. I think that was a huge mistake, and now we’re paying for it.
But, just to prove the point of how
wrong that was, all you have to do is look at the rest of the agricultural
industries that are out there and see how we’ve had to respond to market
pressure. No BST. No tail-docking. No veal crepes. Lots of other good,
scientific animal-husbandry practices thrown to the ash heap for no other
reason than special interest groups whose key mission is the destruction of animal
agriculture. Make no mistake about it. HSUS has been very clear for years they’re
not interested in helping a few chickens or helping a few cows. Their ultimate
interest is ending animal agriculture. They don’t want us doing it anymore. So,
if you’re a supporter of that, that’s fine. I happen to disagree with you and I
happen to think that most of the population after how they reacted to the
threat to their hamburgers disagrees with you. But we have seen now the damage
that was done in California by HSUS’ efforts. To consumers the price of eggs is
a real issue. The additional costs should not be lost on any of you today
because you only have to go to a Michigan grocery store and see how much more
it costs to buy cage-free eggs rather than buying conventionally raised eggs.
The cost difference is real—less than a dollar for a dozen; more than four
dollars for a dozen. Are you, today, prepared to answer to your consumers that
you are voting today to raise the price of their eggs?
Because it is not debatable. You are
voting to raise the price of their eggs. You voted in 2009 to raise the price
of their eggs and you’re voting today to raise them further. Why is the
industry not kicking up a big fuss? Because there’s no industry left. The 2009
law eviscerated the egg laying business in our state. Now, it’s bigger. There’s
more eggs being laid now than before. Maybe you think this speech is one, too.
There’s another pun for you. But seven egg producers with millions and millions
of chickens, and I don’t care if they want to have 100 million chickens, knock
themselves out. I don’t care about the size of the operation. But to allow that
industry to constrict and consolidate to seven players at the expense of the
families that used to be involved, and to continue to promote the entry into
that business in a more and more expensive way, is unjust. It is unfair to our
citizens, and it is unfair to competition, which is another vote for increasing
prices.
On top of that,
within this legislation, those seven producers—that monopoly—has made sure for
themselves to excuse themselves from following
the very regulation they’re asking you to vote today when they’re selling eggs
that are no longer in the shells. Does that make any sense? Why should they get
a free pass when the eggs are in a bag instead of in a carton? It’s unjust. It’s
unfair. It’s wrong.
Then they asked for a carve-out to make
sure that nobody from other states can send their eggs here unless they too
have spent the added expense. Makes sense. I would love to pass legislation
here that forces Michigan consumers to only
buy milk from Michigan farms. That would be awesome for me, okay? Wouldn’t
it be great for Ford Motor Company to get us to pass a law that says the only
cars you can buy in this state have to have a blue oval emblem on the front of
them? Boy that would be really great for Michigan wouldn’t it? Or maybe you’d
rather us have a GMC on the front, whatever it is. This is what we are talking
about today. This is what you are posed with voting with on an otherwise good
bill package. The end of this bill, the last ten pages or so, is the poison
pill. It is the bad egg. As I detailed to you yesterday, the Interstate Commerce
Clause is clear. Not to mention just the bad economic policy as I previously
stated.
And so often, when we discuss policy
here, we are confronted with this; we create artificial deadlines. All the
time, you know that, we’re always creating artificial deadlines here. Those
deadlines then, we hold up to everybody and say, “We’ve got to do it by this
date or something else is going to happen bad, so hurry up; help me out, you
don’t have time to think about an alternative, don’t have time to bring a
substitute in, don’t have time to amend this, don’t have time to have different
talks. We already had talks, we already had the group together, we’ve met for a
couple of years, we had agreements. You’re violating our agreements. You’re
throwing a monkey wrench into the whole thing.” That’s the usual practice
around here. This is no different. Those are all artificial constructs. We have
to recognize that we can’t vote for bad policy just because some group says, “Well,
we agreed to it.”
The truth is, they agreed to the bad
policy in 2009. That policy, as the previous speaker mentioned, means they’re
supposed to do something next year, that their industry now says isn’t even
good enough anyway, so they’ve got to further change that by 2025. We’re
putting the industry standard into law by 2025. And just for the comfort of
those who are worried about extending the previous practice that was outlawed
in 2009 for next year, everybody’s already changed. There’s nobody using those
battery cages to any real extent anymore, anyway. They’re already adopted. They
just need more time now to adapt to the 2025 standard. We don’t need to put
this in law. By repealing the 2009 act, as I suggested yesterday, we would
allow the industry to police itself, and they’re already all members of that
industry; they would have nowhere else to go. So this remains flagrantly
unnecessary law. It is unnecessary for us to do this, and it’s a bad precedent
to set going forward in the future.
We continue, in the agriculture world,
to be very deferential people, and so dairy farmers come along, a beef producer
comes along, and says, “Here’s what my industry needs,” but somebody from
another industry comes to me, poultry, eggs, ducks, whatever you want to talk
about. I don’t know much about those things. And so it’s very easy within the
agriculture community to say, “Whatever your guys need, fine, we can get there,
as long as you’re there for me when I need you.” And so, this sense that
somehow the agriculture community is for this, so therefore it’s okay, because
I want to support my farmers, this is merely the present circumstance that
agriculture finds itself in, nationwide, of being so small in numbers nowadays
that we can’t make for ourselves a lot of headway without the support of other
groups. And so we labor hard then, to get along, to work together, to try to
watch out for each other’s best interests and to try to not be argumentative,
especially publicly. But yet, these folks who have made this bad deal, and
those who are willing to go along with it, are unwilling to acknowledge that
the devil will come back for the rest of us. He’s not going to just walk away
and say, “Well, I’ve got the chickens, I’m all set now.” It’ll be the cows, it’ll
be the ducks, it’ll be the rest of agriculture, because their ultimate goal
continues to be to eliminate animal agriculture.
So what are you getting a chance to do
today? You’re getting a chance to vote on some good policy changes regarding
the Animal Industry Act. Things that are mostly already being done by law
because of executive orders and things like that. It’s not a bad bill. Until
you get to those last ten pages. And there’s where we can’t allow this to go
forward. That’s why I can’t vote for this. We are not doing agriculture any
favors today. We are not doing consumers any favors today. We’re doing some
favors, very specifically, for some people who have made a very bad deal, that
I don’t believe they fully comprehend, just how the price that they will pay
has not been fully called for yet. They’ve sold their soul and the devil will
come to collect eventually. But meanwhile, the collateral damage is real. You
are voting today to raise agriculture prices if you vote “yes”. You are voting
against good animal husbandry practices today if you vote “yes”. You are voting
to endanger other good animal husbandry practices as collateral damage today,
if you vote “yes”. You are voting today to violate the principles of the
Interstate Commerce Clause, if you vote “yes”. You are voting today, if you
vote “yes”, to further entangle the Legislature, because when the next deadline
comes up, and not a made-up one, but a real one that you’re voting on today for
2025, that deadline is going to have a problem too. Somebody’s going to say, “Cage-free
is not actually cage-free.” I don’t know if you’ve heard that, Madam President,
but this whole principal about cage-free, is not really cage-free. It’s not
like the chickens are all running free and wild. They’re still in cages. They
just happen to be large cages, with a lot of
chickens packed into them, rather than small cages with only one chicken in
them. So don’t fool yourself – the chickens are still in cages.
So I encourage you to vote “no.” I
encourage you to consider not being bullied. I encourage you to vote for your
consumers by voting “no” and by forcing this issue to be negotiated with
genuine interest of agriculture, rather than the small interests of a few who
have poisoned an otherwise good policy bill.
The following bill was read a third
time:
Senate
Bill No. 179, entitled
A bill
to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” by
amending section 2 (MCL 290.652), as amended by 2002 PA 601.
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. 278 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: Theis
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
Senate
Bill No. 180, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 12m of chapter XVII (MCL 777.12m), as amended by 2015 PA 213.
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. 279 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: Theis
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
Senate
Bill No. 181, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section
50 (MCL 750.50), as amended by 2018 PA 452.
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. 280 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: Theis
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
Senate
Bill No. 182, entitled
A bill
to amend 2012 PA 487, entitled “Wildlife depredations indemnification act,” by
amending section 2 (MCL 285.362).
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. 281 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: Theis
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
Senate
Bill No. 183, entitled
A bill
to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL
287.1002), as amended by 2016 PA 299.
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. 282 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: Theis
The Senate agreed to the title of the
bill.
The following bill was read a third
time:
Senate
Bill No. 361, entitled
A bill
to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending
section 12 (MCL 28.462), as amended by 2018 PA 634.
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. 283 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: Theis
The Senate agreed to the title of the
bill.
By unanimous consent the Senate
proceeded to the order of
General
Orders
The motion prevailed, and the Assistant
President pro tempore, Senator Theis, designated
Senator Bizon as Chairperson.
After some time
spent therein, the Committee arose; and the Assistant President pro tempore,
Senator Theis, having
resumed the Chair, the Committee reported back to the Senate, favorably and
without amendment, the following bills:
House
Bill No. 4069, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending sections 27 and 34d (MCL 211.27 and
211.34d), section 27 as amended by 2013 PA 162 and section 34d as amended by
2014 PA 164.
House
Bill No. 4465, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 9i (MCL 211.9i), as added by
2002 PA 549.
House
Bill No. 4731, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” by amending section 21b (MCL 250.1021b), as added by
2019 PA 4.
The bills were placed on the order of
Third Reading of Bills.
Senate
Bill No. 527, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” by amending section 11 (MCL 250.1011) and by adding
section 11c.
Substitute (S-1)
House
Bill No. 4485, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1081.
Substitute (S-1)
By unanimous consent the Senate
proceeded to the order of
Resolutions
Senator MacGregor moved that
consideration of the following resolutions be postponed for today:
Senate
Resolution No. 30
Senate
Resolution No. 38
Senate
Resolution No. 49
The
motion prevailed.
Senator Moss offered the following
resolution:
Senate
Resolution No. 87.
A resolution to recognize October 27,
2019, as Day of Action Against Anti-Semitism.
Whereas, October 27, 2019, marks one
year since the horrific events at the Tree of Life synagogue in Pittsburgh,
Pennsylvania, that tragically took the life of eleven worshipers and injured
seven more in the deadliest anti-Semitic attack in American history; and
Whereas, Only months later, a second
deadly attack on worshipers occurred during the Jewish holiday of Passover at
the Chabad of Poway synagogue in California in which one person was killed and
three were injured; and
Whereas, The
Federal Bureau of Investigation’s (FBI) most recent report on hate crimes
reveals a 37 percent increase in anti-Semitic hate
crimes in the United States; and
Whereas, FBI statistics demonstrate
that Jewish people and Jewish institutions, both religious and communal, were
the most frequently targeted religious group in 2019, accounting for almost 60
percent of all religious-based hate crime incidents; and
Whereas, Anti-Semitic vandalism has
touched places of worship in Michigan just in the last few months, including
Nazi graffiti spray-painted on Temple Jacob in Marquette and anti-Semitic
posters placed upon Temple Emanuel in Grand Rapids; and
Whereas, Michigan has many resources to
ensure that our residents understand the implications of bias-motivated
violence, including the Holocaust Memorial Center in Farmington Hills; and
Whereas, The Holocaust Memorial Center
has educated and inspired its 65,000 annual visitors towards a collective understanding of tolerance and
acceptance of the diverse beliefs in our state, country, and world; and
Whereas, We must remain committed in
confronting hatred and bias, while standing together in solidarity with the
Jewish population around the world; and
Whereas,
Synagogues and temples in Michigan and across the country will be participating
in “Show Up For Shabbat” on October 25 and 26 of this
year to dedicate their religious services to reflect upon the one-year
anniversary of the unspeakable horror at Pittsburgh’s Tree of Life synagogue;
now, therefore, be it
Resolved by the Senate, That we
recognize October 27, 2019, as Day of Action Against Anti-Semitism; and be it
further
Resolved, That we commit to combating
all forms of hatred and anti-Semitism and ensure the safety and dignity of our
residents and communities.
Senator MacGregor moved that the rule
be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
Senators Bayer, Geiss, Johnson,
Polehanki and Santana were named co-sponsors of the resolution.
The motion prevailed.
Senator Moss’ statement is as follows:
I’ll start with a story that was told
by my rabbi—Rabbi Rubenstein—on Rosh Hashanah during his sermon, and it was a
story that he found from a Rabbi Perkins about Gordon Kekst
and his father. Gordon Kekst is the former chairperson of the board at the Jewish
Theological Seminary and he grew up in Salem, Massachusetts. One day—in
the late 1930s—his father had a heart attack. The ambulance came and it took
him to the hospital, but it couldn’t take him to Salem Hospital. Jews were not
permitted to go there. Instead the ambulance took him to Beth Israel Hospital
which was some 20 miles away, and he never made it. When people would ask
Gershon Kekst what his dad died of, he used to say, “My
father died of anti-Semitism.”
On Sunday, we’re going to mark the
one-year anniversary since the horrific events at the Tree of Life Synagogue in
Pittsburgh, Pennsylvania, a violent mass shooting that tragically took the lives
of eleven worshippers and injured seven more in the deadliest anti-Semitic
attack in American history. Only months later, a second deadly attack on
worshippers occurred during the Jewish holiday of Passover at the Chabad of
Poway Synagogue in California in which one person was killed and three more
were injured.
These acts of
terror shock the consciousness. These attacks are easily identifiable as
anti-Semitic. They target Jews for who they are; they
target Jews for how they worship. These acts of hate are no less anti-Semitic
than graffiti spray-painted on Temple Jacob in Marquette, than an anti-Semitic
poster placed upon Temple Emanuel in Grand Rapids, than a hospital that won’t
provide care to Jews—and not just in Salem, Massachusetts. Even here in Michigan,
Sinai Hospital in Detroit was established because Jewish doctors and their
patients were not permitted many other places.
The American Jewish Committee just
released the largest and most comprehensive survey of American Jews ever
conducted on the subject of anti-Semitism. Almost every Jew said that
anti-Semitism has increased in their mind in the last five years. This is
backed by the data. The FBI’s most recent crime report on hate crimes reveals a
37 percent increase in anti-Semitic hate crimes in the United States, and FBI
statistics demonstrate that Jewish people and Jewish institutions, both
religious and communal, were the most frequently targeted religious group in
2019. According to the AJC, nearly half of young people surveyed have been victims
of anti-Semitism, saying that they have been targeted by anti-Semitic remarks
or have been physically attacked for being Jewish.
This is gravely troubling and it’s a
gravely-troubling consequence of the survival of the Jewish community in
Michigan, across the country, and across the globe. Nearly a third of American
Jews have now said that they avoid publicly wearing, carrying, or displaying
things that might help people identify them as Jewish, and a quarter say they
avoid certain places, events, and situations out of concern for their safety or
comfort as Jews at least some of the time. Think about that. Anti-Semitism has
a very short-term impact of terror but now a long-term impact of scaring Jews
for being Jewish. We have to remain committed in confronting this hatred and
bias so that people in this state have a sense of dignity in who they are.
The state of Michigan has many
resources to ensure that our residents understand the implications of
bias-motivated violence, including the Holocaust Memorial Center in my
district—in Farmington Hills—and a law that requires the teaching of the
Holocaust in Michigan public schools. We as the Michigan Senate need to inspire
our constituents toward a collective understanding of tolerance and acceptance
of the diverse beliefs in our state, country, and world.
This weekend, synagogues and temples
across Michigan and across the country will be participating in “Show Up for Shabbat” on October 25 and 26 to
dedicate their religious services to reflect upon the one-year
anniversary of the unspeakable horror at Pittsburgh’s Tree of Life Synagogue. I
ask that this body declare October 27—this Sunday, the day of the anniversary
of that attack—as a day of action against anti-Semitism in the state of
Michigan—other communities across our state, other states across our nation,
are doing so—to commit to combating all forms of hatred and anti-Semitism, and
to ensure the safety and dignity of all residents and communities, and then not
forgetting that mission the next day and every day thereafter so that no other
community has to suffer based on who they are and how they worship.
I ask for support of this resolution
today.
Senators Santana, Polehanki,
Bayer, McMorrow, Wojno, Brinks, McCann, Alexander,
Geiss, Bullock, Irwin, Moss, Chang and Hollier offered the following
resolution:
Senate
Resolution No. 88.
A resolution to memorialize the
Congress of the United States to reauthorize the Violence Against Women Act.
Whereas,
The Violence Against Women Act (VAWA) aims to prevent violent crimes; respond
to the needs of crime victims; and increase public understanding of domestic
violence, sexual assault, dating violence, stalking, and other related crimes.
VAWA operates largely through grants that provide funding to state, local, tribal,
and territorial governments, as well as nonprofit organizations and
universities; and
Whereas, As of February 2019, authorization for VAWA has
lapsed. VAWA was originally enacted in 1994 and
has been reauthorized by Congress three times, most recently in 2013. The most
recent reauthorization of VAWA was set to expire on September 30, 2018, but was
extended to December 7, 2018, and later to December 21, 2018, as part of
federal budget extensions. It was extended via a short-term spending bill on
January 25, 2019, but expired again on February 15, 2019. The United States
House of Representatives passed a reauthorization bill in April 2019 (H.R.
1585), but the bill has not been taken up in the United States Senate; and
Whereas, The Violence Against Women Act
needs to be reauthorized and funded by Congress. VAWA-funded programs generally cannot manage more than a short funding delay.
An extended lapse in authorization and
funding could negatively impact local providers’ ability to respond to the
needs of their communities; and
Whereas, Violence against women remains
an ever-present problem in our nation, and vulnerable people around the country
rely on programs funded by VAWA. Not reauthorizing and funding these vital
programs due to unrelated political gridlock and dysfunction in Washington
endangers the lives of Michigan survivors; now, therefore, be it
Resolved by the Senate, That we
memorialize the Congress of the United States to reauthorize the Violence
Against Women Act; and be it further
Resolved, That copies of this
resolution be transmitted to the President of the United States Senate, the
Speaker of the United States House of Representatives, and the members of the
Michigan congressional delegation.
Senator MacGregor moved that the rule
be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on the adoption of
the resolution,
Senator MacGregor moved that the
resolution be referred to the Committee on Judiciary and Public Safety.
The
motion prevailed.
House Concurrent
Resolution No. 2.
A concurrent resolution to declare
Adverse Childhood Experiences (ACEs) a critical health issue, commit the
Legislature to action, and encourage the Governor to direct agencies to assess
and report progress on reducing ACEs.
Whereas, Adverse Childhood Experiences
(ACEs) are now widely recognized as a dominant factor in the current and future
well-being of children due to the harmful effects of toxic stress related to
abuse (including physical, emotional, and sexual abuse), neglect (including
physical and emotional neglect), and various family dysfunctions; and
Whereas, The relationship between ACEs
and future health issues and conditions has an evidence-based foundation
starting with the groundbreaking ACE study conducted collaboratively between
the United States Centers for Disease Control and Prevention and Kaiser
Permanente. This study has been cited more than 17,000 times in peer-reviewed
scientific research articles; and
Whereas, The growing body of evidence
on the science of human development incorporates research findings on ACEs and
the long-term neurobiological, biomedical, and epigenetic consequences of toxic
stress; and
Whereas, National and state surveys
indicate that as many as 70 percent of Michigan adults had at least one ACE
during their childhood and as much as 20 percent of Michigan’s adult population
had four or more ACEs; and
Whereas, The
relationship between ACEs and the current prevalence of chronic disease,
addictive behaviors, and
related conditions is now recognized by many as a major public health crisis.
Nationwide, these conditions and illnesses cost billions of dollars in
resources and reduce lifetime expectancy, and they all have their roots in
childhood trauma; now, therefore, be it
Resolved by the House of
Representatives (the Senate concurring), That we declare that ACEs constitute a
critical health issue in Michigan and commit to an ongoing strategy to
significantly reduce ACEs in Michigan through legislative leadership,
legislative acts, appropriations, reporting, and oversight; and be it further
Resolved, That we
encourage the Governor to issue an executive directive that would require
administrating agencies to assess if the
implementation of their programs reduces ACEs and provide an annual state
report and data to the Legislature and general public about progress in
reducing ACEs in Michigan; and be it further
Resolved, That copies of this
resolution be transmitted to the Governor of the State of Michigan and the
Director of the Michigan Department of Health and Human Services.
The House of Representatives has
adopted the concurrent resolution.
Senator MacGregor moved that the rule
be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The question being on the adoption of
the concurrent resolution,
Senator MacGregor moved that the
concurrent resolution be referred to the Committee on Families, Seniors, and
Veterans.
The
motion prevailed
Introduction
and Referral of Bills
A bill to amend 1978 PA
368, entitled “Public health code,” by amending section 17766f (MCL
333.17766f), as amended by 2014 PA 275.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senators Bumstead, Horn, Johnson, Runestad, Daley, Outman, Zorn, Victory, Theis
and Barrett introduced
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending sections 1277, 1278a, 1278c, 1278d, 1279h,
1280, and 1531f (MCL 380.1277, 380.1278a, 380.1278c, 380.1278d, 380.1279h,
380.1280, and 380.1531f), section 1277 as amended by 2018 PA 231, section 1278a
as amended by 2018 PA 232, section 1278c as amended by 2018 PA 242, section
1278d as added by 2018 PA 241, section 1279h as added by 2018 PA 184, section
1280 as amended by 2006 PA 123, and section 1531f as added by 2010 PA 168; and
to repeal acts and parts of acts.
The bill was read a first and second time by
title and referred to the Committee on Education and Career Readiness.
Senator Bumstead introduced
A bill to amend 1979 PA 94, entitled “The
state school aid act of 1979,” by amending sections 22b, 81, and 104 (MCL
388.1622b, 388.1681, and 388.1704), as amended by 2019 PA 58.
The bill was read a first and second time by
title and referred to the Committee on Education and Career Readiness.
Senators Bayer, Santana, Polehanki, McMorrow, Wojno, Brinks, McCann, Alexander, Geiss, Bullock, Irwin,
Moss, Chang and Hollier introduced
A bill to amend 1976 PA
453, entitled “Elliott-Larsen civil rights act,” by amending the title and
section 502 (MCL 37.2502), the title as amended by 1992 PA 258 and
section 502 as amended by 1992 PA 124.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senators Geiss, Santana, Brinks, Hertel, Chang, Bayer, Moss, Polehanki, McMorrow, Irwin, McCann, Bullock and Hollier
introduced
A bill to prohibit local units of government
from penalizing or sanctioning tenants, occupants, or landlords of rental
dwellings for contacts made to police or emergency services for assistance in
certain situations; and to provide for remedies.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senators Hertel, Santana, Polehanki,
Bayer, McMorrow, Wojno, Brinks, McCann, Alexander,
Geiss, Bullock, Irwin, Moss, Chang and Hollier introduced
A bill to amend 1936
(Ex Sess) PA 1, entitled “Michigan employment
security act,” by amending sections 17 and 29 (MCL 421.17 and 421.29), section 17 as amended
by 2011 PA 269 and section 29 as amended by 2013 PA 146, and by adding section
29a.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senators Brinks, Santana, Polehanki, Bayer,
McMorrow, Wojno, McCann, Alexander, Geiss, Bullock,
Irwin, Moss, Chang and Hollier introduced
A bill to amend 2018 PA 338, entitled “Paid
medical leave act,” by amending the title and sections 2 and 4 (MCL
408.962 and 408.964), as amended by 2018 PA 369.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senators McCann, Brinks, Polehanki, Bayer, Wojno, Chang, Geiss, McMorrow, Bullock, Santana and Outman
introduced
A bill to amend 1985 PA 87, entitled “William
Van Regenmorter crime victim’s rights act,” by
amending sections 8, 38, and 68 (MCL 780.758, 780.788, and 780.818), as amended
by 2012 PA 457.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senators Hollier, Polehanki, Wojno and MacDonald introduced
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 279 and 679.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senators Zorn and MacGregor introduced
Senate Bill No. 608, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending sections 5714 and 5775 (MCL 600.5714 and 600.5775), section 5714 as
amended by 2014 PA 223 and section 5775 as added by 1988 PA 336.
The bill was read a first and second time by title and referred to the Committee
on Local Government.
Senators Zorn and MacGregor introduced
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” by amending section 502c (MCL 750.502c), as amended by 2015 PA
144.
The bill was read a first and second time by title and
referred to the Committee on Local Government.
Senators Zorn and MacGregor introduced
A bill to regulate the prescription of emotional
support animals by health care providers and requests for reasonable
accommodation for emotional support animals in housing; to provide for the
powers and duties of certain state and local governmental officers and
entities; and to prescribe penalties.
The bill was read a first and second time by title and
referred to the Committee on Local Government.
A bill to amend 2000 PA 258, entitled “Career and
technical preparation act,” by amending sections 3 and 4 (MCL 388.1903 and
388.1904), section 3 as amended by 2012 PA 132 and section 4 as amended by 2012
PA 133.
The House of Representatives has passed the bill and
ordered that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Education and Career Readiness.
A bill to amend 1996 PA 160, entitled “Postsecondary enrollment options act,” by amending sections 3 and 4 (MCL
388.513 and 388.514), section 3 as amended by 2018 PA 11 and section 4 as
amended by 2012 PA 134.
The House of Representatives has passed the bill and
ordered that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Education and Career Readiness.
Announcements
of Printing and Enrollment
The Secretary announced that the
following House bills were received in the Senate and filed on Wednesday,
October 23:
House
Bill Nos. 4546 4547
The Secretary announced that the
following bills were printed and filed on Wednesday, October 23, and are
available on the Michigan Legislature website:
Senate
Bill Nos. 596 597 598
House
Bill Nos. 5139 5140 5141 5142 5143 5144 5145 5146 5147
Committee Reports
The Committee on Insurance and Banking
reported
Senate Bill No. 172, entitled
A bill to amend 1956 PA 218,
entitled “The insurance code of 1956,” by amending section 513 (MCL 500.513),
as added by 2001 PA 24.
With the recommendation that the
bill pass.
The committee further recommends
that the bill be given immediate effect.
Lana
Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Geiss, Bullock and
McMorrow
Nays: None
The bill was referred to the
Committee of the Whole.
The Committee on Insurance and
Banking reported
Senate Bill No. 415, entitled
A bill to amend 1984 PA 379,
entitled “An act to define and regulate certain credit card transactions,
agreements, charges, and disclosures; to prescribe the powers and duties of the
financial institutions bureau and certain state agencies; to provide for the
promulgation of rules; and to provide for fines and penalties,” by amending the
title and section 1 (MCL 493.101).
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends
that the bill be given immediate effect.
Lana
Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Geiss, Bullock and
McMorrow
Nays: None
The bill and the substitute
recommended by the committee were referred to the Committee of the Whole.
The Committee on Insurance and
Banking reported
House Bill No. 4044, entitled
A bill to amend 1956 PA 218,
entitled “The insurance code of 1956,” by amending sections 1205 and 1239 (MCL
500.1205 and 500.1239), section 1205 as amended by 2008 PA 422 and section 1239
as amended by 2008 PA 423.
With the recommendation that the
bill pass.
The committee further recommends
that the bill be given immediate effect.
Lana
Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Geiss, Bullock and
McMorrow
Nays: None
The bill was referred to the
Committee of the Whole.
The Committee on Insurance and
Banking reported
House Bill No. 4226, entitled
A bill to amend 1961 PA 236,
entitled “Revised judicature act of 1961,” by amending section 3240 (MCL
600.3240), as amended by 2014 PA 431.
With the recommendation that the
bill pass.
The committee further recommends
that the bill be given immediate effect.
Lana
Theis
Chairperson
To Report Out:
Yeas: Senators Theis, Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Geiss, Bullock and
McMorrow
Nays: None
The bill was referred to the
Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Insurance and
Banking submitted the following:
Meeting held on Wednesday, October
23, 2019, at 9:00 a.m., Room 1100, Binsfeld Office Building
Present:
Senators Theis (C), Lauwers,
LaSata, Nesbitt, Daley, Barrett, Horn, Geiss, Bullock
and McMorrow
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation
and Infrastructure submitted the following:
Meeting held on Wednesday,
October 23, 2019, at 12:30 p.m., Room 1100, Binsfeld Office Building
Present: Senators Barrett (C),
LaSata, McBroom, Victory, Outman, Lauwers, Geiss,
Bullock and Hollier
COMMITTEE
ATTENDANCE REPORT
The Committee
on Families, Seniors, and Veterans submitted the following:
Meeting
held on Wednesday, October 23, 2019, at 3:00 p.m., Room 1200, Binsfeld Office
Building
Present:
Senators Bizon (C), Barrett, Runestad, Johnson, Bullock and Alexander
Excused:
Senator Zorn
Appropriations -
Subcommittees -
Community Health/Human Services - Wednesday, October 30, 1:00
p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
(517) 373-2768
Community
Health/Human Services and Health Policy and Human Services - Thursday,
October 31, 1:00
p.m., Senate Hearing Room, Ground Floor, Boji Tower
(517) 373-2768
Elections - Wednesday, October 30, 2:00 p.m., Room 1300, Binsfeld Office Building
(517) 373-5323
Environmental Quality - Tuesday, October 29, 1:00 p.m.,
Room 1200, Binsfeld Office Building (517) 373-5323
Finance - Wednesday, October 30, 12:30 p.m., Room 1200, Binsfeld Office Building
(517) 373-5312
Health Policy
and Human Services and Community Health/Human Services Appropriations
Subcommittee - Thursday, October 31, 1:00 p.m., Senate Hearing Room,
Ground Floor, Boji Tower (517) 373-5323
Regulatory Reform - Tuesday,
October 29, 3:00 p.m., Room 1200, Binsfeld Office Building (517) 373-5314
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:01 a.m.
The Assistant President pro tempore, Senator Theis, declared the Senate adjourned until Tuesday, October 29, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate