STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Wednesday, May 20,
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—excused Stamas—excused
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 Ed McBroom of the 38th District
offered the following invocation:
Dear Father, we come to you this
morning and praise You for Your holiness, Your mercy, Your forgiveness of Your
people. Your plan of salvation, Your amazing way of working all things together
for good. And Father, we pray, that in the midst of this crisis, that You’d be
merciful to us, not out of our deserving, but out of Your goodness. Not because we’ve earned anything, but because of Your
grace. Father, I pray that You would have mercy on the people of this
state, and on this nation, and of this world right now, facing this disease,
the fear, the uncertainty. Father, we need You, we need Your hand of healing.
Father, we pray for that hand of healing on all that we do here, not just on
this disease, but on our ability to communicate with each other, to trust each
other, to work for the benefit of the people of this state. Father, I pray that
You would forgive each of us for our propensity for anger, and ill-will toward
each other. Father, I pray You forgive me. Help us each to show love to one
another.
Father, I pray for
our Governor, for our President, for our leadership here in the Legislature,
that You would bless each of them with special
wisdom, with Your wisdom, that You’ve promised to give when we ask. I pray all
these things in Jesus’ name. Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Senator Ananich entered the Senate
Chamber.
Senator MacGregor moved that Senators
MacDonald and Stamas be excused from today’s session.
The motion prevailed.
The motion prevailed, a majority of the members serving voting therefor.
The motion prevailed, a majority of the
members serving voting therefor.
Messages from the Governor
The
following message from the Governor was received on May 19, 2020, and read:
EXECUTIVE ORDER
No. 2020-93
Temporary
enhancements to operational capacity,
flexibility, and efficiency of pharmacies
Rescission
of Executive Order 2020-56
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.
The
Emergency Management Act 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). Similarly, the Emergency Powers of the Governor Act of 1945
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).
To
respond effectively to the urgent and steep demands created by this pandemic,
the public requires increased access to therapeutic pharmaceuticals. Meeting
this critical need requires swiftly but safely expanding access to pharmacy
services. To that end, it is reasonable and necessary to provide temporary and
limited relief from certain regulatory restrictions regarding pharmacies in
order to enhance their operational capacity, flexibility, and efficiency.
Acting
under the Michigan Constitution of 1963 and Michigan law, I order the
following:
1. Pharmacists located in any county in this state
may dispense emergency refills of up to a sixty (60) day supply of any
non-controlled maintenance medication for residents of any county in this state
if, in the pharmacist’s professional judgment, failure to refill the
prescription might interrupt the patient’s ongoing care and have a significant
adverse effect on the patient’s well-being.
2. The following shall apply to all emergency
refills dispensed under section 1 of this order:
(a) The pharmacist must inform the patient that the
prescription was refilled under section 1 of this order.
(b) The pharmacist must inform the prescriber in
writing within a reasonable period of time of any refills the pharmacist
dispensed under section 1 of this order.
(c) Prior to refilling a prescription under section
1 of this order, the pharmacist, clinic, or mobile pharmacy must make every
reasonable effort to communicate with the prescriber regarding the refilling of
the prescription. The pharmacist must make an appropriate record of that
effort, including the basis for proceeding under section 1 of this order.
(d) A prescriber must not incur any criminal or
civil liability or licensing disciplinary action as the result of a pharmacist
refilling a prescription under section 1 of this order.
3. Pharmacists may temporarily operate a pharmacy
in an area not designated on the pharmacy license, but they may not prepare
sterile drug products beyond low-risk preparations, as defined by USP
standards, for immediate inpatient administration in such temporary facilities.
4. Pharmacists may dispense and/or administer
drugs as needed to treat COVID-19 pursuant to protocols established by the
Centers for Disease Control and Prevention or the National Institute of Health,
or as determined appropriate by the chief medical executive of the Department
of Health and Human Services or her designee.
5. Pharmacists may substitute a therapeutically
equivalent medication for a medication subject to critical shortages without
the authorization of a prescriber. The pharmacist must inform the patient of
any such substitution. The pharmacist must inform the prescriber within a
reasonable period of time of any prescriptions or refills dispensed under this
section. A prescriber must not incur any criminal or civil liability or
licensing disciplinary action as the result of a pharmacist filling or
refilling a prescription under this section.
6. To increase the number of pharmacists who can
serve patients during this time of need, preceptors may supervise student
pharmacists remotely to fulfill eligibility for licensure and avoid delaying
graduation.
7. Insurers and health maintenance organizations
issuing health insurance or disability insurance policies that provide
prescription drug benefits must cover any emergency refills of covered
prescription drugs dispensed by a pharmacist under section 1 of this order.
Insurers and health maintenance organizations must also allow for early refills
of all 30-day or 60-day covered prescription maintenance medications to allow
for up to a 90-day supply to be dispensed by a pharmacy, without regard to
whether the pharmacy is mail-order or in-person. Insurers and health
maintenance organizations may still apply policy or contract provisions
governing out-of-network benefits and cost-sharing.
8. Pharmacists may supervise pharmacy technicians
and other pharmacy staff remotely. Supervision must be conducted through a
real-time, continuous audiovisual camera system, capable of allowing the
pharmacist to visually identify the markings on tablets and capsules. The
pharmacist must have access to all relevant patient information to accomplish
the remote supervision and must be available at all times during the
supervision to provide real-time patient consultation. A pharmacy technician
may not perform sterile or nonsterile compounding without a pharmacist on the
premises.
9. Pharmacies holding a license, certificate, or
other permit in good standing issued by another state must be deemed licensed
to do business in this state. These out-of-state licensed pharmacies must not
deliver controlled substances into this state; must abide by all Michigan
regulations applicable to the practice of pharmacy, but need not have a
pharmacist-in-charge with a license to practice in Michigan; and must hold a
current accreditation from a national organization approved by the Michigan
Board of Pharmacy before providing sterile compounding services to patients in
this state.
10. Wholesale distributors holding a license,
certificate, or other permit in good standing issued by another state must be
deemed licensed to do business in this state. These out-of-state wholesale
distributors must not deliver controlled substances into this state and must
abide by all Michigan regulations applicable to a Michigan-licensed wholesale
distributor.
11. To the extent any statutes, rules, or
regulations may be inconsistent with this order, strict compliance with them is
temporarily suspended. This includes, but is not limited to: sections 17707(5),
17739(2)(c), 17739a(3), 17741(1)-(2), 17743, 17748, 17748a, 17748b, 17751,
17755(3), and 17763(b) of the Public Health Code, 1978 PA 368, as amended, MCL 333.17707(5),
333.17739(2)(c), 333.17739a(3), 333.17741(1)-(2), 333.17743, 333.17748,
333.17748a, 333.17748b, 333.17751, 333.17755(3), and 333.17763(b); and Rules
338.473(2), 338.473a(5)(a), 338.477(1)-(2), 338.482(2)-(3); 338.486(1)(b),
338.486(3), 338.489(3), 338.490(3), 338.490(4)(a), 338.490(5), 338.3041(4), and
338.3162(1) of the Michigan Administrative Code.
12. This order is effective immediately and
continues through June 16, 2020 at 11:59 p.m.
13. Consistent with MCL 10.33 and MCL 30.405(3), a willful
violation of this order is a misdemeanor.
14. Executive Order 2020-56 is rescinded.
Given
under my hand and the Great Seal of the State of Michigan.
Date:
May 19, 2020
Time:
11:56 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 May 20, 2020, and read:
EXECUTIVE ORDER
No. 2020-94
Declaration
of State of Emergency
Over the past several days parts of Michigan have
experienced heavy rainfall. As a result, the Edenville and Sanford Dam
structures along the Tittabawassee River in the county of Midland have failed.
Residents in Edenville, the village of Sanford, and parts of the city of
Midland, among other areas, are evacuating in the face of a rising surge.
In response, the city of Midland and the county of
Midland have taken several actions that include declaring a local state of
emergency; activating disaster response and recovery operations; evacuating and
providing shelter to affected residents; and issuing emergency public
information. The assistance of voluntary organizations and the state are
required to protect public health, safety, and property, and to lessen or avert
more severe and lasting harm to the community.
Despite these measures, local resources are insufficient
to respond to the extreme flooding under the current conditions. State
assistance and other outside resources are necessary to effectively respond to,
and recover from, the impacts of flooding.
Under
the Emergency Management Act, 1976 PA 390, 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, MCL 30.401 to 30.421,
I order the following:
1. A state of emergency is declared for the city
of Midland and the county of Midland.
2. Any emergency order issued in response to the
COVID-19 crisis is temporarily suspended to the extent such order impedes the
emergency response effort under this declaration.
3. The Emergency Management and Homeland Security
Division of the Department of State Police shall coordinate and augment 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.
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 June 16, 2020, unless extended as provided by 1976
Public Act 390, as amended.
Date:
May 19, 2020
Time: 9:50
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
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
Senate
Bill No. 630
The motion prevailed.
The following bill was read a third
time:
Senate Bill No. 630, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
sections 16111, 16333, 17705, 17706, 17707, 17709, 17722, 17742, 17748, 17767,
and 17768 (MCL 333.16111, 333.16333, 333.17705, 333.17706, 333.17707,
333.17709, 333.17722, 333.17742, 333.17748, 333.17767, and 333.17768), section 16111
as amended by 2006 PA 392, section 16333 as amended by 2014 PA 285, section
17705 as amended by 1986 PA 304, section 17706 as amended by 2014 PA 280,
sections 17707, 17709, 17722, 17742, 17748, and 17768 as amended by 2020 PA 4,
and section 17767 as amended by 1993 PA 79, and by adding sections 17748e and
17748f.
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. 149 Yeas—36
Alexander Daley Lucido Runestad
Ananich Geiss MacGregor Santana
Barrett Hertel McBroom Schmidt
Bayer Hollier McCann Shirkey
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock Johnson Nesbitt Victory
Bumstead LaSata Outman Wojno
Chang Lauwers Polehanki Zorn
Nays—0
Excused—2
MacDonald Stamas
Not
Voting—0
In The Chair: President
The Senate agreed to the title of the
bill.
By unanimous consent the Senate
proceeded to the order of
Resolutions
Senator MacGregor moved that the Senate
proceed to consideration of the following resolutions:
Senate
Resolution No. 116
Senate
Resolution No. 118
Senate
Resolution No. 119
Senate
Resolution No. 120
Senate
Concurrent Resolution No. 26
The motion prevailed.
Senator Geiss offered the following
resolution:
Senate
Resolution No. 116.
A resolution to censure Senator Dale
Zorn of the Seventeenth Senate District.
Whereas, Senator Dale Zorn knowingly
and willingly adorned a facemask with a Confederate flag pattern during the
Senate session held on April 24, 2020. Further, Senator Zorn issued an apology
which demonstrated a lack of appreciation for the seriousness of his actions
and the deeply shameful history that flag represents; and
Whereas, The Confederate flag is symbol
of immense hatred which seeks to celebrate the most disgraceful aspects of our
nation’s history. The flag was first used as a banner and emblem for those who
fought to maintain a system where humans were owned by other humans — a system
of slavery. In the years after the Civil War, the flag was — and continues to
be — used to intimidate, harass, and terrorize black people and their
communities; and
Whereas, Proudly wearing a Confederate
flag is a direct affront to the one in seven Michiganders who are of African
descent. A symbol of white supremacy has no place in a legislative body that is
constitutionally obligated to make laws that provide for the equal protection
of people of all races; and
Whereas, Adorning a Confederate flag
dishonors the memory of the brave Michiganders who fought and died to end
slavery and who have continued to make sacrifices for civil rights in the
century and a half since. Michiganders have given their lives and risked
everything to defeat the system and the ideas that the Confederate flag
represents. Wearing it on the floor of the Senate demonstrates a lack of proper
respect for their memory; and
Whereas, Rule 1.301 of the Standing
Rules of the Senate provides:
Each Senator
shall conduct himself or herself to justify the confidence placed in him or her
by the people and shall, by personal example and admonition to colleagues,
maintain the integrity and responsibility of his or her office.
; and
Whereas, Rule 1.311 of the Standing
Rules of the Senate provides, in part:
A Senator
determined to have violated the provisions of the rules regulating ethics and
conduct may be reprimanded, censured, or expelled.
; and
Whereas, Senator Zorn failed to meet the
high standards of conduct expected of his office by the people of Michigan. His
decision to wear a facemask adorned with a Confederate flag represents, whether
intended or not, contempt for members and staff of this legislative body and
the people we represent. Symbols of hatred which dishonor our history and are
designed to terrorize black people have no place in the Senate; and
Whereas, This legislative body must
send a clear message that hatred and white supremacy are unwelcome in this
chamber and in our state. We cannot make progress or change by ignoring issues
of race or by tolerating examples of hatred — whether overt, covert, by
microaggression, or by accident; now, therefore, be it
Resolved by the Senate, That Senator
Dale Zorn of the Seventeenth Senate District is hereby censured; and be it
further
Resolved, That copies of this
resolution be transmitted to Senator Zorn.
Pursuant to rule 3.204, the resolution
was referred to the Committee on Government Operations.
Senate
Resolution No. 118.
A resolution to urge the Michigan State
Capitol Commission to prohibit firearms and other dangerous weapons in public
areas of the state Capitol building and the Capitol grounds, and to install
security screening checkpoints.
Whereas, The Michigan State Capitol
Commission, pursuant to the Michigan State Capitol Historic Site Act, 2013 PA
240, exercises control over the public areas of the state Capitol building and
its grounds, including the rotunda and its galleries, the main corridors, the
grand staircases, the ground floor entrances, and outdoor staircases; and
Whereas, The state Capitol building is
a working government building. It houses the Senate and House chambers,
Appropriations Committee rooms, and several legislative offices. Michigan
legislators and staff regularly undertake the business of the state in the
state Capitol building; and
Whereas, The state Capitol building is
also the people’s building. The state Capitol is open to school groups and
individuals who explore the history of Michigan and its government and
appreciate the structure itself. Hundreds of individuals may access the state
Capitol building on any given day. Open access to the state Capitol allows
Michigan citizens to learn our history, observe the legislative process, voice
their opinions, and directly meet government representatives to address
personal and professional needs; and
Whereas, It is important that
legislators, staff, and the public are safe in the state Capitol building.
Allowing individuals to carry firearms in the state Capitol building exposes
state employees and citizens to unnecessary risk. The presence of firearms is
meant to intimidate legislators, interrupt the democratic process, and block
the ability of legislators to properly represent their constituents; and
Whereas, The Michigan State Capitol
Commission has authority to restrict the carry of firearms in the state Capitol
building. Michigan Attorney General Dana Nessel issued Opinion No. 7311 on May
11, 2020, stating that “restrictions on locations where firearms may be
possessed do not need to be statutory.” The Attorney General opined that the
Michigan State Capitol Commission has been statutorily vested with “exclusive,
broad authority to ‘operate and manage’ the Capitol site” and is “not
prohibited from placing restrictions on carrying firearms at facilities under
its control.”; and
Whereas, Allowing citizens to carry
firearms into the Michigan state Capitol building is not a constitutional
right. The Supreme Court of the United States has affirmed, “Like most rights,
the right secured by the Second Amendment is not unlimited.” In the Court’s
opinion in District of Columbia v. Heller,
Justice Antonin Scalia wrote, “Although we do not undertake an exhaustive
historical analysis today of the full scope of the Second Amendment, nothing in
our opinion should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in sensitive places such as schools and government
buildings, or laws imposing conditions and qualifications on the commercial
sale of arms.”; and
Whereas, Eight midwestern states ban
firearms in their state capitols. Only three, including Michigan allow
firearms. However, Minnesota and Wisconsin require permits or restrict
possession to certain areas. Only Michigan has no constraint on possession in
the state Capitol building; and
Whereas, Prohibiting firearms
possession on the grounds of and in the state Capitol building and installing
security screening checkpoints for individuals and their personal property to
enforce the prohibition will ensure legislators, staff, and Michigan residents
remain safe while using the state Capitol building; now, therefore, be it
Resolved
by the Senate, That we urge the Michigan State Capitol Commission to prohibit
firearms and other dangerous weapons in public areas of the state Capitol
building and on Capitol grounds while exempting Capitol police and law
enforcement officers; and be it further
Resolved,
That we urge the Michigan State Capitol Commission to install security
screening checkpoints to screen individuals and their personal property at
entrances of the building and other locations as necessary, while exempting
Capitol police and law enforcement officers; and be it further
Resolved,
That copies of this resolution be transmitted to the members of the Michigan
State Capitol Commission.
Pursuant to rule 3.204, the resolution
was referred to the Committee on Government Operations.
Senators Bullock, Chang, Geiss and
Hollier were named co-sponsors of the resolution.
Senators Irwin and Geiss offered the
following resolution:
Senate
Resolution No. 119.
A resolution to recognize the Home
Front Victory Celebration-Michigan, in remembrance of the 75th anniversary
of the end of World War II.
Whereas,
The Home Front Victory Celebration-Michigan takes place May 15-17, 2020, to
signify the 75th anniversary of the end of World War II; and
Whereas,
This celebration highlights both the contributions and sacrifices made by
Michigan citizens, private industries, and business organizations involved in
our nation’s war efforts; and
Whereas,
World War II was a global conflict fought from 1939-1945 that reached peak
participation with many of the world’s prominent nations, including the United
States of America; and
Whereas,
World War II tragically resulted in the loss of more than twenty million
combatants, fifty million civilians, and forever altered the course of world
history; and
Whereas,
The people of Michigan mightily contributed to the defense of our nation and
helped arm the Allies which became known as The Arsenal of Democracy; and
Whereas,
The symbolic heart of the Arsenal of Democracy is the auto industry of Detroit,
particularly the Ford Willow Run Bomber Plant, in Ypsilanti, Michigan, that
produced 8,568 B-24 Liberator bombers; and
Whereas,
The Home Front Victory Celebration-Michigan commemorates the brave men and
women of Michigan who served our great nation during World War II, recognizes
the distinguished military units of our state who served in this great war, and
pays homage to the many Michigan men, women, businesses, and manufacturing
enterprises that contributed to the war effort; now, therefore, be it
Resolved
by the Senate, That this legislative body recognize the Home Front Victory
Celebration-Michigan, in celebration of the 75th anniversary of the end of
World War II; and be it further
Resolved,
That this resolution is in memoriam to all who lost their lives in World War
II; and be it further
Resolved,
That we strongly encourage our state’s community participation, support, and
involvement of its citizens, military units, businesses, as well as private and
fraternal organizations in the Home Front Victory Celebration-Michigan to mark
the cessation of this war’s hostilities.
Senator MacGregor moved that the rule
be suspended.
The
motion prevailed, a majority of the members serving voting therefor.
Senators Bayer, Brinks, Chang,
McMorrow, Moss and Wojno were named co-sponsors of the resolution.
Senator Chang offered the following
resolution:
Senate
Resolution No. 120.
A resolution to oppose actions by the
United States Environmental Protection Agency to weaken the Mercury and Air
Toxics Standards.
Whereas,
The Mercury and Air Toxics Standards (MATS) are a federal rule that regulates
emissions of mercury and other hazardous air pollutants from coal- and oil-fired
power plants. The MATS rule was put in place to protect the health of people
across the country, particularly children and seniors who are more vulnerable
to the health impacts of mercury and other harmful pollutants; and
Whereas,
On April 16, 2020, the U.S. Environmental Protection Agency (EPA) finalized its
conclusion that it is not “appropriate and necessary” to regulate the emissions
of air toxics from power plants because the economic costs are higher than the
public health benefits of the rule; and
Whereas,
EPA’s decision was based on a flawed cost-benefit analysis of the rule that
disregards the indirect impacts on public health, referred to as co-benefits,
and does not include any of the new scientific evidence demonstrating the
direct benefits of the rule. The decision will remove EPA’s legal justification
for enforcing the MATS rule and will leave the rule vulnerable to future court
challenges; and
Whereas,
This change will undermine regulations limiting mercury and other toxins,
jeopardizing the health of Michigan residents both from pollution and COVID-19.
Mortality rates from COVID-19 tend to be higher in counties with higher levels
of long-term air pollution. Communities of color, which already suffer from a
disproportionate burden of illness and death, could be particularly affected by
these regulatory changes; and
Whereas,
Human exposure is not limited to the air we breathe. When coal is burned,
toxins, including mercury, fall from the sky into our lakes and streams or are
swept into our waterways by rainfall and snowmelt. Once it is in our water,
mercury becomes part of the food chain and builds up in large fish that are
often headed to consumer markets. A large number of Michigan’s waters cannot be
enjoyed to their fullest because of mercury pollution; and
Whereas,
This rollback runs counter to decades of scientific consensus on the health and
environmental hazards of mercury. The harmful effects of mercury on people and
wildlife are well-documented. In Michigan, pregnant women are warned against
eating certain fish due to the mercury levels in fish. Mercury accumulates in
the body over time, which can damage a baby’s developing brain and nervous
system, impairing the child’s IQ and motor skills. The devastating health
effects of mercury are undeniable; and
Whereas,
Despite the COVID-19 crisis we are facing today, the Trump administration and
the EPA continue their series of attacks on public health and the Great Lakes,
compounding the health and economic impacts of the pandemic. Rolling back
environmental controls will increase pollution in our air, lakes, rivers, and
streams with devastating effects on human health, tourism, businesses, and our
state’s economy; now, therefore, be it
Resolved
by the Senate, That we oppose actions by the United States Environmental
Protection Agency to weaken the Mercury and Air Toxics Standards; and be it
further
Resolved,
That copies of this resolution be transmitted to the Administrator of the
United States Environmental Protection Agency 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 Environmental Quality.
The
motion prevailed
Senators Bayer, Brinks, Geiss, McMorrow
and Polehanki were named co-sponsors of the resolution.
Senator Lucido offered the following
concurrent resolution:
Senate
Concurrent Resolution No. 26.
A concurrent resolution to demand that
the Governor compile and make publicly available certain data, to encourage medical
professionals to provide elective medical procedures, and to encourage the
people of Michigan to continue to practice safe social distancing.
Whereas,
COVID-19 is a respiratory disease that can result in serious illness and death;
and
Whereas, In Executive Order 2020-17,
Governor Whitmer prohibited hospitals, clinics, and medical professionals from
conducting elective medical procedures, including non-essential preventive
care, even in cases where hospitals and medical professionals have the capacity
to safely do so; and
Whereas, Governor Whitmer has not
provided and made available to the public, daily, county-level data on COVID-19
hospitalizations, hospital occupancy rates, emergency room visits, or medical
staffing numbers. Providing these and other data would improve government
transparency and accountability and would allow Michigan residents to learn
more about the state of the COVID-19 Pandemic in their area; now, therefore, be
it
Resolved
by the Senate (the House of Representatives concurring), That we demand that
the Governor compile and make available within three days from the date of this
concurrent resolution, in a manner easily accessible by the public, detailed
data summarized by county on:
1. The
daily number of available hospital beds occupied by all patients since January
1, 2020, segregated by in-patient beds, negative air flow beds, and intensive
care unit (ICU) beds, as provided by the hospitals.
2. The
daily number of available hospital beds occupied by confirmed COVID-19 patients
since January 1, 2020, segregated by in-patient beds, negative air flow
beds, and ICU beds, as provided by the hospitals.
3. The
daily number of emergency room visits in total and the daily number of
emergency room visits by patients testing positive for COVID-19 since January
1, 2020.
4. The
daily number of confirmed COVID-19 hospitalizations and confirmed COVID-19
deaths that are related to retirement homes or nursing homes since January 1,
2020.
5. The
daily number of confirmed COVID-19 hospitalizations and confirmed COVID-19
deaths of individuals who have had other pre-existing or underlying health
conditions since January 1, 2020, with segregation of those health conditions
and a breakdown of confirmed COVID-19 hospitalizations and confirmed COVID-19
deaths by age, gender, and race.
6. The
daily number of ventilators available and daily inventories of hospital
personal protective equipment (PPE) since March 10, 2020.
7. The
daily quantities of PPE possessed by the state government and the quantities
distributed to each hospital since March 10, 2020.
8. The
number of medical professionals who have been furloughed, had work hours
reduced, or received a cut in pay since March 10, 2020.
9. The
daily number of COVID-19 tests conducted since March 10, 2020, including
positive and negative results.
; and be it further
Resolved, That we demand that all data
related to emergency room visits, hospitalizations, and deaths related to
COVID-19 patients be confirmed to be COVID-19 positive patients, and the date
of the emergency visit, hospitalization, or death be recorded as the actual
date of occurrence, not the date of any data adjustments being made
subsequently; and be it further
Resolved, That we encourage the people
of Michigan to continue to follow national guidelines for safe social distancing
and take steps to protect the populations most at risk, including those
residing in nursing homes and retirement homes; and be it further
Resolved, That hospitals, clinics, and
medical professionals should have the freedom to provide elective procedures
and preventive care where it is deemed appropriate based on staffing capacity,
hospital capacity, and availability of PPE and as medical professionals in
those facilities determine the best approach to implement national guidelines
for safe social distancing; and be it further
Resolved, That copies of this
resolution be transmitted to the Governor.
By unanimous consent the Senate
proceeded to the order of
Introduction
and Referral of Bills
A bill to make, supplement, adjust, and
consolidate appropriations for various state departments and agencies, the
judicial branch, and the legislative branch for the fiscal year ending
September 30, 2021; to provide for certain conditions on appropriations; and to
provide for the expenditure of the appropriations.
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.
Senator
Stamas introduced
Senate
Bill No. 927, entitled
A bill
to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending
sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and
388.1836), sections 11 and 236 as amended by 2019 PA 162, section 17b as
amended by 2007 PA 137, and section 201 as amended by 2019 PA 52.
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
McCann, Moss, Chang, Brinks, Santana, Polehanki, McMorrow, Irwin, Wojno,
Alexander, Hertel, Geiss, Ananich, Bayer and Hollier introduced
A bill to amend 1969 PA 317, entitled “Worker’s
disability compensation act of 1969,” by amending section 405 (MCL 418.405), as
amended by 2014 PA 515.
The bill was read a first and second time by
title and referred to the Committee on Economic and Small Business Development.
Senators
Chang, Moss, Brinks, McCann, Santana, Polehanki, McMorrow, Irwin, Wojno,
Alexander, Hertel, Geiss, Ananich, Bayer and Hollier introduced
A bill to amend 1974 PA 154, entitled “Michigan
occupational safety and health act,” by amending sectio006E35 (MCL 408.1035),
as amended by 1991 PA 105.
The bill was read a first and second time by
title and referred to the Committee on Economic and Small Business Development.
Senators
Santana, Moss, Chang, McCann, Polehanki, McMorrow, Irwin, Wojno, Alexander,
Hertel, Geiss, Ananich, Bayer and Hollier introduced
A bill to prohibit an employer from
retaliating against an employee who engages in certain activities that address
the employer’s response to or management of coronavirus; and to provide
remedies.
The bill was read a first and second time by
title and referred to the Committee on Economic and Small Business Development.
Senator
Moss introduced
A bill to prohibit an employer from taking
certain actions against employees who engage in certain activities during a
declared emergency related to coronavirus disease 2019 (COVID-19); to prohibit
discrimination and retaliation for engaging in certain activities; and to
provide remedies.
The bill was read a first and second time by
title and referred to the Committee on Economic and Small Business Development.
Senators
Brinks, Chang, Moss, McCann, Santana, Polehanki, McMorrow, Irwin, Wojno,
Alexander, Hertel, Geiss, Ananich, Bayer and Hollier introduced
A bill to require employers to post
information concerning coronavirus testing sites; and to prohibit certain acts
and provide sanctions.
The bill was read a first and second time by
title and referred to the Committee on Economic and Small Business Development.
Senator
MacGregor introduced
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending sections 7u, 78k, and 78m (MCL 211.7u,
211.78k, and 211.78m), section 7u as amended by 2012 PA 135, section 78k as
amended by 2020 PA 33, and section 78m as amended by 2014 PA 501.
The bill was read a first and second time by
title and referred to the Committee on Local Government.
A bill to amend 1951 PA 51, entitled “An act
to provide for the classification of all public roads, streets, and highways in
this state, and for the revision of that classification and for additions to
and deletions from each classification; to set up and establish the Michigan
transportation fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels; to provide
for the allocation of funds from the Michigan transportation fund and the use
and administration of the fund for transportation purposes; to promote safe and
efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other
legal users of roads, streets, and highways; to set up and establish the truck
safety fund; to provide for the allocation of funds from the truck safety fund
and administration of the fund for truck safety purposes; to set up and
establish the Michigan truck safety commission; to establish certain standards
for road contracts for certain businesses; to provide for the continuing review
of transportation needs within the state; to authorize the state transportation
commission, counties, cities, and villages to borrow money, issue bonds, and
make pledges of funds for transportation purposes; to authorize counties to
advance funds for the payment of deficiencies necessary for the payment of
bonds issued under this act; to provide for the limitations, payment,
retirement, and security of the bonds and pledges; to provide for
appropriations and tax levies by counties and townships for county roads; to
authorize contributions by townships for county roads; to provide for the
establishment and administration of the state trunk line fund, local bridge
fund, comprehensive transportation fund, and certain other funds; to provide
for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan
transportation funds may be allocated; to provide for Michigan transportation
fund grants; to provide for review and approval of transportation programs; to
provide for submission of annual legislative requests and reports; to provide
for the establishment and functions of certain advisory entities; to provide
for conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state
and local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” by amending sections
11h, 12, 14, and 15 (MCL 247.661h, 247.662, 247.664, and 247.665), section 11h
as amended by 2018 PA 471, sections 12 and 14 as amended by 2015 PA 175, and
section 15 as amended by 1999 PA 50.
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 Transportation and Infrastructure.
A bill to amend 1951 PA 51, entitled “An act
to provide for the classification of all public roads, streets, and highways in
this state, and for the revision of that classification and for additions to
and deletions from each classification; to set up and establish the Michigan
transportation fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels; to provide
for the allocation of funds from the Michigan transportation fund and the use
and administration of the fund for transportation purposes; to promote safe and
efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other
legal users of roads, streets, and highways; to set up and establish the truck
safety fund; to provide for the allocation of funds from the truck safety fund
and administration of the fund for truck safety purposes; to set up and
establish the Michigan truck safety commission; to establish certain standards
for road contracts for certain businesses; to provide for the continuing review
of transportation needs within the state; to authorize the state transportation
commission, counties, cities, and villages to borrow money, issue bonds, and
make pledges of funds for transportation purposes; to authorize counties to
advance funds for the payment of deficiencies necessary for the payment of
bonds issued under this act; to provide for the limitations, payment,
retirement, and security of the bonds and pledges; to provide for appropriations
and tax levies by counties and townships for county roads; to authorize
contributions by townships for county roads; to provide for the establishment
and administration of the state trunk line fund, local bridge fund,
comprehensive transportation fund, and certain other funds; to provide for the
deposits in the state trunk line fund, critical bridge fund, comprehensive
transportation fund, and certain other funds of money raised by specific taxes
and fees; to provide for definitions of public transportation functions and
criteria; to define the purposes for which Michigan transportation funds may be
allocated; to provide for Michigan transportation fund grants; to provide for
review and approval of transportation programs; to provide for submission of annual
legislative requests and reports; to provide for the establishment and
functions of certain advisory entities; to provide for conditions for grants;
to provide for the issuance of bonds and notes for transportation purposes; to
provide for the powers and duties of certain state and local agencies and
officials; to provide for the making of loans for transportation purposes by
the state transportation department and for the receipt and repayment by local
units and agencies of those loans from certain specified sources; and to repeal
acts and parts of acts,” by amending section 13 (MCL 247.663), as amended by
2015 PA 175.
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 Transportation and Infrastructure.
A bill to amend 1951 PA 51, entitled “An act
to provide for the classification of all public roads, streets, and highways in
this state, and for the revision of that classification and for additions to
and deletions from each classification; to set up and establish the Michigan
transportation fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels; to provide
for the allocation of funds from the Michigan transportation fund and the use
and administration of the fund for transportation purposes; to promote safe and
efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other
legal users of roads, streets, and highways; to set up and establish the truck
safety fund; to provide for the allocation of funds from the truck safety fund
and administration of the fund for truck safety purposes; to set up and establish
the Michigan truck safety commission; to establish certain standards for road
contracts for certain businesses; to provide for the continuing review of
transportation needs within the state; to authorize the state transportation
commission, counties, cities, and villages to borrow money, issue bonds, and
make pledges of funds for transportation purposes; to authorize counties to
advance funds for the payment of deficiencies necessary for the payment of
bonds issued under this act; to provide for the limitations, payment,
retirement, and security of the bonds and pledges; to provide for
appropriations and tax levies by counties and townships for county roads; to
authorize contributions by townships for county roads; to provide for the
establishment and administration of the state trunk line fund, local bridge
fund, comprehensive transportation fund, and certain other funds; to provide
for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan
transportation funds may be allocated; to provide for Michigan transportation
fund grants; to provide for review and approval of transportation programs; to
provide for submission of annual legislative requests and reports; to provide
for the establishment and functions of certain advisory entities; to provide
for conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state
and local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” by amending section
9a (MCL 247.659a), as amended by 2018 PA 325.
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 Transportation and Infrastructure.
A bill to amend 1996 PA 193, entitled “Michigan
do-not-resuscitate procedure act,” by amending sections 2, 3a, 4, 8, 9,
10, and 11 (MCL 333.1052, 333.1053a, 333.1054, 333.1058, 333.1059, 333.1060,
and 333.1061), sections 2 and 11 as amended by 2017 PA 157 and section 3a as
added and sections 4, 8, 9, and 10 as amended by 2013 PA 155, and by adding
section 3b.
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 Families, Seniors, and Veterans.
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding sections 1180 and 1181.
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 Families, Seniors, and Veterans.
A bill to amend 1998 PA 386, entitled “Estates
and protected individuals code,” by amending section 5215 (MCL 700.5215), as
amended by 2000 PA 469.
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 Families, Seniors, and Veterans.
House
Bill No. 5488, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 1k of chapter IX (MCL 769.1k), as amended by 2017 PA 64.
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
Judiciary and Public Safety.
A
bill to amend 1973 PA 186, entitled “Tax tribunal act,” (MCL 205.701 to
205.779) by adding section 37a.
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
Finance.
Statements
The motion prevailed.
Senator Geiss’ statement is as follows:
This week has marked pivotal civil
rights anniversaries. Yesterday was the 95th birthday of Malcom X—a central
figure in the Civil Rights Movement with an evolving message that went from by
any means necessary to one of unity and a deep understanding that racism is the
enemy of justice. And Sunday marked the 66th anniversary of the crucial Brown v. Board of Education Supreme
Court ruling that said in short that separate but equal is anything but.
Now I have to tell you that this
weekend was difficult as we passed that anniversary. I thought of the Little Rock
Nine, who a few short years after the ruling would be the first students to
integrate a school in Arkansas. I thought of Ruby Bridges, who a few years
after them would integrate a school in Louisiana. And while in all my years of
education, of learning about them and others who were on the forefront of the
Civil Rights Movement who had to walk through lines of white people taunting
them, jeering at them, spitting on them, some even holding Confederate flags as
they walked to their schools. And for the first time in my life—while
previously empathizing and imagining what it might have been like to experience
such unabashed bigotry—I understood and felt to my core their experiences.
Because in this mess of trying to navigate
through a global health pandemic and its effects on Michigan, we have witnessed
some of the worst of human nature, not only outside this building—allegedly in
the name of freedom—but within this very chamber, where one of our members made
the unimaginable choice to wear a Confederate flag upon his facemask—a flag
that is not only a symbol of treason against these United States, but is
imbued with the symbolism of tyranny against black people and people of color.
It has been three weeks since I initially
brought this up in this body and requested it to be formally addressed; two
weeks since I introduced Senate Resolution No. 116 to not only have the
individual be censured for violating Senate rules, but for the rules governing
this body to prohibit any and all symbols of hatred and white supremacy—and,
while I am pleased to see it having been read in today, it is my earnest hope
that it is taken up.
As I’ve said before, silence equals
consent. It equals condoning of the action as well as the symbolism of what
that wretched rag of tyrannous and treacherous fabric means. And it pains me to
think that those who sit in silence agree with its message. A message that says
black people are not worthy of existing, that we have no right to thrive, and
for some, a belief that we should be eliminated.
It is unacceptable. It is unacceptable
that this esteemed body—one that is charged with protecting all people of this
state, guaranteeing that all should be treated equally under the law—would and
could remain silent and we must ensure that the resolution does not languish in
committee.
Our society and our democracy works
best, as it was designed, when we think about each other and not just about
ourselves. This pandemic has revealed that we still have a lot of deep-seated
societal problems—actions, threats, and symbols of racism included—of which we’ve
seen all three. With the issues we have before us, we have a chance. A chance
for those in charge to lead and do the right thing. To figure out how to make
things better and build a community on the values we believe in. I came here to
do that, and I still extend the invitation for my colleagues to do the same.
Senator VanderWall’s statement is as
follows:
How do I start? There’s a couple things
that are on my mind today, but I’m going to start with what pertains to the
state right now and COVID-19. Last week I started out my speech and I shared a
story about a family-owned business in my district—the Big Cat Brewing
Company—that announced it was permanently closing its doors. This brewery is in
Leelanau County which has had a total of eleven cases of COVID-19 and no
deaths. Sadly, this is far from the only story in my district. The Vitro glass
factory in Evart was the second-biggest employer until recently they announced
their permanent closure and the loss of 125 jobs to a very small community in
Osceola County.
Now, 34 days after Senate Republicans
first urged our Governor to take into account the different experiences of
different parts of our state with this virus, she finally has done so.
Unfortunately, her long-delayed action is raising as many questions and
concerns as her inaction did. After our Governor’s announcement on Monday, the
following counties in my district will remain closed this weekend—Mason County, 27 cases, zero deaths; Lake
County, three cases, zero deaths—one of the hardest economically hit
counties in our state; one of the poorest, lost already one of its holidays,
which was the Blessing of the Bikes last weekend, now down to three weekends in
the summer to stay alive and we’re going to lose one more, potentially, who
knows, the Fourth of July, we have Labor Day, and of course we’ve already lost
deer season years ago in that county which has devastated them. We’ve got
Ogemaw County, 18 cases, zero deaths; and Osceola County, the former home of
Vitro glass, ten cases, zero deaths.
Mr. President, the people of Michigan
are frustrated, they’re scared, and they’re suffering. The lack of transparency
and clarity from the Governor is only compounding the problem. Why are Mason,
Lake, Ogemaw, and Osceola counties closed while many of their neighbors will be
open this weekend? Where is the data to support these decisions? Do any
communities in our districts have an understanding of how close or how far away
they are from reopening?
This week, the mayor of Detroit
announced he believes the city is ready to reopen. Wayne County has nearly
20,000 COVID-19 cases. And maybe they are ready to open—the mayor certainly
knows his city better than I do—but, if Detroit is ready, how are Mason, Lake,
Ogemaw, and Osceola counties and their 58 combined cases not?
Mr. President, COVID-19 has devastated
parts of our state, but for others, the devastation has been economic, not
medical. And while Monday’s announcement by our Governor was a long-overdue—a small
step forward for some parts of our state—others remain in a state of economic
devastation that could have and should have been avoided.
I appreciate the opportunity to bring
this forward. I urge you, my fellow legislators, that we move forward and look
at each area of the state differently. We need to open these counties. I
appreciate the opportunity.
Senator Hollier’s statement is as
follows:
Colleagues, yesterday we had another
emergency and I think we would be remiss in this body if we didn’t recognize
that one of our colleagues isn’t here today because his home town is flooding
and as we talk about COVID-19—as we talk about things that are happening in the
world—I think too often we fail to remember how it affects regular people and
that our job, first and foremost, is to take care of peoples’ lives. And so I
hope that we continue to think about these things, that we work, that we pray,
and that we keep Senator Stamas, his family, and his constituents in our
hearts and in our minds as we think about how they are being affected by not
this first thing, but the second. How as a body we begin to start to think
about how we will continue to prepare for what that next thing is.
My dad is always talking about this or
that. That first thing that happens is the thing that you spend all your time
thinking about. But as a body, we are tasked and we have the ability to start
to think about what the second thing is going to be. And last summer we had
rising water. We had all kinds of places across this state where lake levels
were higher than they had ever been. Where we had to dike. Where we had all
these issues. Some of those things all across our communities. We are going to
continue to have these discussions as we talk about the infrastructure needs
and all of those things. I’d ask that we spend some time today, over the next
week, and refocus our efforts on planning for what’s coming next and how we’re
going to respond to those issues because the issue in Midland is not going to
go away tomorrow or next week. It is going to cause real time; real recovery.
So before this I did relief work after
Katrina and that was a huge interaction and was hugely impactful on not just
the times but how people were ever able to live and interact. And we’re going
to have to do the same thing here in Michigan on not just COVID-19, not just
the economy, but on this dam and a host of other issues that are going to
happen. So I’d ask my colleagues to think about how we’re going to come back
together and start to plan for the next thing because it’s coming, and if we
aren’t working together to address it, we’re going to miss it and our
constituents—the residents of Michigan—are going to be the ones who are the
worse off for it. So I’d ask us to get over ourselves, to think about how we
must work with each other and to do the things that are necessary because there
are people who need us—people who rely on us all day every day. And I look
forward to working with you.
Senator McMorrow’s statement is as follows:
I rise today, colleagues, to ask for
your co-sponsorship on a bill that’s sitting on my desk today that would allow
restaurants to add cocktails-to-go to the beer and wine that they’re already
allowed in many places to sell. This has been a devastating time for many of
our restaurants and small businesses, many of the places that we love to go to
and gather. We heard in committee yesterday that many restaurants are looking
at a 12 to 18 month recovery period and noted that it would be absolutely
devastating to many of our favorite places if there was a second wave of this
virus.
I also know in talking to many of my
constituents that even if we open our doors tomorrow, many people still prefer
to stay at home. I have constituents who are immunocompromised who want to make
sure that they are safe and that their families are safe and have really
enjoyed spending time with their families eating at home. I’ve seen some
incredibly innovative things that restaurants in my district have been doing. I’ve
got Griffin Claw hand sanitizer sitting on my desk which they pivoted to make
almost immediately after this crisis hit. One of my favorite restaurants is
doing cooking classes on Instagram and Facebook where they are selling meal
kits for you to take home and learn how to cook. But we know that up to 30
percent of revenue that comes into many of these restaurants is in alcohol
sales, so I’ve heard directly from many of our small restaurants that this
would allow them to keep staff on, keep people employed, and ride this out for
the long haul to have a better shot of making it to the other side.
And for those who have the means and
want the ability to enjoy a cocktail safely from the comfort of your own home,
this would allow for that as well and I think that sounds pretty good right
now. I encourage your co-sponsorship and the bill is sitting on my desk.
Senator LaSata’s statement is as
follows:
Mr. President and colleagues, I have a
letter from the state of Indiana.
Dear Michigan, you have always looked
down on us and that’s ok. But, as a state we would like to say ‘thank you’ for
continuing your stay-at-home-and-stay-safe order. Memorial Day is a very
special day, and Memorial Day weekend is a kickoff to summer activities. There
are so many who travel to Michigan to get away for a long, relaxing weekend.
Thank you for continuing to stay closed in most of your state. And a big ‘thank
you’ for spending your money to get our economy growing again. We look forward
to continuing to compete with you. Checkmate. Yours truly, Indiana.
Senator McBroom’s statement is as
follows:
Mr. President, I found it very
disturbing last week when one of our state officers—our state’s Attorney
General—decided to send a letter to a Native American tribe in my district
commanding them to not run their business, commanding them to obey or suffer
consequences from her of potential criminal or civil charges against workers at
their place, citizens who might be there. Now the tribe had no obligation to
close its casino. At the very beginning of this crisis, they considered not
doing so. But under local public pressure from local citizens and officials,
they agreed that it was the right thing to do. And the fair thing to do. But
after all of this time has elapsed, and dates got moved, and goalposts were
moved, the tribe finally said, like every other business in the Upper Peninsula
is telling me, we can’t hold out forever on this, and so we’re moving forward.
And for a high official of our state to threaten them—to do what’s in their
sovereign power to do—I think is completely inappropriate and offensive. It’s
offensive to the people of my district, and it’s certainly offensive to the
tribal members who live in my district, and are my constituents too. I think
that the Attorney General really needs to write a rescission to this letter,
and apologize to the tribe for putting her nose into their business.
Continuing to elaborate on this current
situation, and what I’ve said in the last few days, what’s different about this
Friday, versus yesterday? Or even Monday, for that matter? We’re doing hearings
on executive orders, and see that many of them implemented immediate effect,
but then immediately people are told, “Hold off on implementing that – we’ve
got problems.” So then on Monday, an executive order comes out, not effective
until Friday. But are there any date appointments given to people to help them
understand what’s significantly different between Monday, Tuesday, Wednesday,
Thursday and Friday? No. And this is a continued lack of direction that we as
citizens and representatives of the citizens are calling for. And it’s not an outrageous demand, it’s not somehow
unreasonable to continue to ask—and for my citizens to continue to ask—for
reasonable justifications to be provided. If the Governor has information that
we don’t have, on the sources that we’re listening to who say it’s okay, then
bring it forward. Tell us why the sources we listen to are wrong, and why these
sources are the chosen ones. Tell us why Tuesday wasn’t a good enough day to
open up, but Friday is. Tell us why the Senator from the other district’s
counties can’t go forward yet, but these
can. If we would explain to the people, why was motorboating wrong for a while,
but canoeing was okay? If we continue to treat the citizens of this
state like children, where we just say, “Do what I say because I’m the boss,”
the citizens are going to continue to chafe under this. They began very willing
because it was urgent, it was necessary, and we were scared. But as time goes
forward, real leadership brings information forward. It brings communication
forward. It helps people to understand that these things are necessary, and
here’s why. And then is willing to take some pushback and debate for those who
say, “Well, what about this information?” Real leadership seeks out competing
information and then brings it forward and says, “I’ve weighed the two issues,
I’ve weighted the three issues, I’ve weighed all these opinions, but this is
the one that I feel is the right one.” We’re not getting that right now. And I
want to believe that they’re there, that there’s a reasonable justification to
many of these things, and yet, we don’t get to hear. And so I’m begging, of the
Executive, bring that information forward, help us to believe that you’ve
considered alternative opinions, and alternative information and still found
that this was the weightiest and the right way to go.
Senator Horn’s statement is as follows:
Before I go into my written remarks, I’d
just like to join my colleague from the 2nd District in providing prayers and
thoughts to the community of Midland. That water is heading to my district, Mr.
President, into Saginaw County. The Tittabawassee River, for those of my
constituents who are listening, will crest at approximately 8 o’clock tonight
at 38 and a half feet. We have communities that are on alert and being
evacuated. Roads are closed. Pay attention to the evacuation orders that local
emergency officials are providing.
With that, I’d like to provide some
Memorial Day remarks, Mr. President. One year ago in the Michigan Senate, we
observed the 25th annual Memorial Day Service. Because we will not commemorate
Memorial Day in the chamber this week, I’d like to re-introduce you to my
last year’s guest—Sergeant Major Ken Rice, a United States Marine. He
lived an incredible life and became a recipient of the Purple Heart. He has a
story worth telling a second time.
Sergeant Major Rice was born and raised
in Bad Axe, and after completing boot camp, Ken enlisted as an aviator and was
sent to China in mid-1940. He served in Shanghai and then was sent to Bataan in
the Philippines. When Bataan fell, Ken was captured by the Japanese. He was a
survivor of the infamous Bataan Death March. Thousands of POWs were not so
fortunate. As a newer POW, Ken was sent to Japan in 1943 on a boat, one of
many, which became known as a “hell ship.” On these hell ships, POWs were
housed in the filth of the bowels of the ship. Prisoners were brought to the
surface 15 to 20 minutes a day for fresh air and to stretch a bit. The ship was
struck and sunk by a torpedo from an American submarine. Ken Rice was fortunate
to be on the deck surface for his 15 minutes and survived the sinking ship.
Seven hundred POWs below deck weren’t so fortunate. He was pulled from the
sinking ship and taken to a prison camp just outside of Nagasaki. For a month
at a time the American POWs worked in the coal mines, followed by a month on
the docks unloading ships, then back to the mines. They alternated with the
Dutch POWs.
On August 9, 1945, Sergeant Major Rice
was working underground in the mines. The American POWs, knew something big had
happened above ground, because their guards never came back for them. Mr. Rice
and other POWs made their way to the surface. They personally witnessed the
devastation of the atomic bomb that was dropped on Nagasaki. Sergeant Major Ken
Rice survived once more. Tens of thousands of people were not so fortunate. The
POWs found their way back to Camp 17, where they were put aboard a B-25 and
flown to Okinawa in September 1945, and Sergeant Major Rice eventually returned
to his home in Bad Axe.
Ken Rice wasn’t done yet. He remained
in the Marine Corps and in 1951 was sent to Korea as a forward air observer on
the front lines. He retired from the military in 1960 to live in Saginaw where
he served in the sheriff’s department for 21 years. You can learn more about
Sergeant Major Ken Rice when you visit his display at the Michigan Heroes
Museum.
Sergeant Major Ken Rice died last
November. He never thought of himself as a hero; heroes never do. Sergeant
Major Ken Rice, we will remember your service, and there are a million stories
to remember. While next Monday is Memorial Day, there will be no parades, no
community picnics, no public gatherings, but we will remember. Freedom isn’t
free. It’s more than just a bumper-sticker slogan. Millions of brave heroes
have fought to protect our freedoms and inalienable rights. And yes, we should
never, ever forget that our freedoms are a gift from God. Centuries of protected
American liberties that this august body should never yield for any reason. We
are Michigan strong. We are American. God bless those who made the ultimate
sacrifice and God bless the United States of America.
Senator Shirkey’s statement is as
follows:
I’d like to ask my colleagues to
join me in a brief comment here and a moment of silence at your approval, at
the end, with regards to what our friends and neighbors are experiencing in
mid-Michigan, upper mid-Michigan.
It’s interesting and ironic that
this is occurring on a holiday, Memorial Day weekend. There’ll be no doubts
about those that are living in that affected area as to what they will remember
about this particular 2020 Memorial Day. It’ll never leave their thoughts. The
reports that I’ve received so far is that this flood, from a historical
perspective, will exceed the worst flood in that area by at least four feet. We
haven’t even seen the totality of the damage yet. It has been pretty impressive
to see the response that has occurred so far, and—knock on wood—the Lord wills
that there still have been no deaths. We hope that that continues.
That’s a testament to those who
were anticipating what was going to occur and prepared and evacuated folks in
the appropriate manner. Even up to 125 or so people were literally evacuated
from Midland hospital. We’ve got cities that are completely underwater. The
water in the city of Sanford is up to the eaves of the businesses on the main
street. We’ve got homes along the rivers that are not just damaged, they’re
just simply gone.
And so, on this Memorial Day, we
remember those who have given their lives for the freedoms that we enjoy and—as
has been pointed out by my colleagues on both sides of the aisle—freedom is a
messy thing, but we still enjoy freedom. Let’s also take time this weekend to
pray and think about our neighbors and friends that are experiencing something
that we’ll never know. That the Lord says that your thoughts are not my
thoughts and your ways are not my ways, and so we can ask ourselves the
question that’s unanswerable: Why this might have happened. We can keep our
eyes and ears open to finding ways to help and to discern what the real meaning
is. Yet, while we go about our business in a normal manner between now and next
week when we get back together, there are going to be thousands and thousands
of folks that are digging out of their life’s savings and their life’s works,
and we just pray for them.
A
moment of silence was observed in recognition of the victims of the flooding in
Midland County.
The motion prevailed.
Announcements
of Printing and Enrollment
The Secretary announced that the following
House bills were received in the Senate and filed on Tuesday, May 19:
House
Bill Nos. 4965 4966 4971 5417 5418 5419 5488 5766
The Secretary announced that the
following bills were printed and filed on Tuesday, May 19, and are available on
the Michigan Legislature website:
Senate
Bill Nos. 924 925
Committee Reports
The Committee on Judiciary and Public
Safety reported
House Bill No. 5709, entitled
A bill to amend 1976 PA 390,
entitled “Emergency management act,” by amending section 5 (MCL 30.405), as
amended by 2006 PA 545.
With the recommendation that the
bill pass.
The committee further recommends
that the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad and Irwin
Nays:
Senator Chang
The
bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Judiciary and Public Safety submitted the following:
Meeting
held on Tuesday, May 19, 2020, at 8:30 a.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building
Present:
Senators Lucido (C), VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
COMMITTEE ATTENDANCE REPORT
The
Committee on Economic and Small Business Development submitted the following:
Meeting
held on Tuesday, May 19, 2020, at 12:30 p.m., Senate Hearing Room, Ground
Floor, Boji Tower
Present:
Senators Horn (C), VanderWall, MacGregor, Lauwers, Schmidt, LaSata, McMorrow,
Geiss and Moss
COVID-19 Pandemic Joint Select - Thursday, May 21, 2:00 p.m. or after committees are
given leave by the House to meet, whichever time is later., Room 519, Anderson
House Office Building (517) 373-5795
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:45 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Thursday, May 21, 2020, at 10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate