STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Thursday, June 4, 2020.
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
Senator Ken Horn of the 32nd District offered the following invocation:
Dear Lord, this world is way too much for any one of us to handle alone, if we stand alone without You. Our minds leap from problem, to problem, to problem, tangling our thoughts into anxious knots. When we think like this Lord, leaving You out of our lives, our minds become darkened. You give us our space though You yearn to help. You stand quietly in the background of our minds, waiting for us to remember; remember that You are with us. When we turn from our problems—to Your presence—our load is immediately lightened. So Lord, with these dark and troubled times there is one thing very certain: that heaven is real. Really real. We are all connected to heaven by a spiritual umbilical cord that leads directly to You. If we are all connected to You, then we are all connected to each other. It is our responsibility to always remember this: that we care for each other; that we trust each other through You. Dear Lord, we ask You to shine Your Word through each of us, that we may light the path for one other.
In the name of the Father, the Son, and the Holy Spirit. Amen.
The President pro tempore, Senator Nesbitt, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Ananich, McBroom and Hollier entered the Senate Chamber.
The following communication was received:
Office of Senator Sean McCann
June 2, 2020
I respectfully request that my name be added as a co-sponsor to Senate Bill 945, introduced by Senator Irwin.
If you have any questions, please do not hesitate to contact my office. Thank you for your attention to this matter.
Sincerely,
Sean McCann
State Senator
20th District
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Paul Wojno
June 2, 2020
Per Senate Rule 1.110(c). I am requesting that my name be added as a co-sponsor to Senate Bill 945 which was introduced on May 28, 2020 by Senator Jeff Irwin.
Thank You,
Paul Wojno
State Senator
9th District
The communication was referred to the Secretary for record.
The following communication was received:
Office of Senator Adam J. Hollier
June 4, 2020
Per Senate Rule 1.110(c), please add my name as co-sponsor of Senate Bill 945. Thank you,
Sincerely,
Senator Adam Hollier
The communication was referred to the Secretary for record.
The motion
prevailed, a majority of the members serving voting therefor.
Senate Bill No. 885, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 5m and 7a (MCL 722.115m and 722.117a), as added by 2017 PA 258.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
The motion prevailed.
House Bill No. 5195
House Bill No. 5313
House Bill No. 5541
Senate Bill No. 945
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Governor
The following message from the Governor was received on June 3, 2020, and read:
EXECUTIVE ORDER
No. 2020-112
Rescission of certain executive orders
The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.
On March 10, 2020, the Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4. This order declared a state of emergency across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), 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 EPGA, as well as Executive Order 2020-68 to issue new emergency and disaster declarations under the EMA.
Those executive orders have been challenged in Michigan House of Representatives and Michigan Senate v. Whitmer. On May 21, 2020, the Court of Claims ruled that Executive Order 2020-67 is a valid exercise of authority under the Emergency Powers of the Governor Act but that Executive Order 2020-68 is not a valid exercise of authority under the Emergency Management Act. Both of those rulings are being challenged on appeal.
On May 22, 2020, I issued Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a disaster and emergency throughout the State of Michigan. That order constituted a state of emergency declaration under the Emergency Powers of the Governor Act of 1945. And, to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature has declined to grant an extension request, that order also constituted a state of emergency and state of disaster declaration under that act.
Michigan’s emergency response has been effective in suppressing the spread of the COVID-19. The number of new confirmed cases each day has been steadily in decline, and the strain on our health care system’s operational capacity has relented. As a result of this progress, Michigan has been able to gradually resume in-person work and activities with certain safety measures in place. And on June 1, 2020, I issued Executive Order 2020-110, which moved the state to Stage 4 of the Michigan Safe Start Plan, terminating the requirement that Michiganders stay home unless critical work or activity to sustain or protect life requires it.
In light of this transition, the temporary extension of certain FOIA deadlines provided by Executive Order 2020-38 will no longer be necessary as soon as public bodies have an opportunity to plan for a return to normal FOIA response processes. And in light of the reduced strain on the state’s health care system, Executive Order 2020-39’s temporary relief from certain restrictions and requirements governing the provision of emergency medical services and Executive Order 2020-82’s temporary enhancements to the operational capacity and efficiency of health care facilities are no longer necessary.
Accordingly, acting under the Michigan Constitution of 1963 and Michigan law, I order the following:
1. Effective immediately, Executive Orders 2020-39 and 2020-82 are rescinded.
2. Executive Order 2020-38 is temporarily extended and will remain in effect through June 10, 2020. Effective June 11, 2020 at 12:01 a.m., Executive Order 2020-38 is rescinded.
Given under my hand and the Great Seal of the State of Michigan.
Date: June 3, 2020
Time: 11:58 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 June 4, 2020, and read:
EXECUTIVE ORDER
No. 2020-113
Enhanced
authorization of remote means for carrying out state administrative
procedures
The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.
On March 10, 2020, the Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4. This order declared a state of emergency across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread across Michigan, bringing deaths in the thousands,
confirmed cases in the tens of thousands, and deep disruption to this state’s
economy, homes, and educational, civic, social, and religious institutions. On
April 1, 2020, in response to the widespread and severe health, economic, and
social harms posed by the COVID-19 pandemic, I issued Executive Order 2020-33.
This order expanded on Executive Order 2020-4 and declared both a state of
emergency and a state of disaster across the State of Michigan under section 1
of article 5 of the Michigan Constitution of 1963, the Emergency Management
Act, and the Emergency Powers of the Governor Act of 1945. And on April 30,
2020, finding that COVID-19 had created emergency and disaster conditions
across the State of Michigan, I issued Executive Order 2020-67 to continue the
emergency declaration under the Emergency Powers of the Governor Act, as well
as Executive Order 2020-68 to issue new emergency and disaster declarations
under the Emergency Management Act.
Those executive orders have been challenged in Michigan House of Representatives and Michigan Senate v Whitmer. On May 21, 2020, the Court of Claims ruled that Executive Order 2020-67 is a valid exercise of authority under the Emergency Powers of the Governor Act but that Executive Order 2020-68 is not a valid exercise of authority under the Emergency Management Act. Both of those rulings are being challenged on appeal.
On May 22, 2020, I issued Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a disaster and emergency throughout the State of Michigan. That order constituted a state of emergency declaration under the Emergency Powers of the Governor Act of 1945. And, to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature has declined to grant an extension request, that order also constituted a state of emergency and state of disaster declaration under that act.
The Emergency Powers of the Governor Act provides a sufficient legal basis for issuing this executive order. In relevant part, it provides that, after declaring a state of emergency, “the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control.” MCL 10.31(1).
Nevertheless, subject to the ongoing litigation and the possibility that current rulings may be overturned or otherwise altered on appeal, I also invoke the Emergency Management Act as a basis for executive action to combat the spread of COVID-19 and mitigate the effects of this emergency on the people of Michigan, with the intent to preserve the rights and protections provided by the EMA. The EMA vests the governor with broad powers and duties to “cop[e] with dangers to this state or the people of this state presented by a disaster or emergency,” which the governor may implement through “executive orders, proclamations, and directives having the force and effect of law.” MCL 30.403(1)–(2). This executive order falls within the scope of those powers and duties, and to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature has not granted an extension request, they too provide a sufficient legal basis for this order.
State administrative entities must be able to continue to conduct public business during this emergency, without unnecessarily creating in-person interactions that raise the risk of spreading COVID-19. To mitigate the spread of COVID-19, protect the public health, limit the number of people interacting at public gatherings, encourage social distancing, and provide essential protections to vulnerable Michiganders, it is reasonable and necessary to extend the relief provided by Executive Order 2020-80, which allows state administrative procedures to be carried out remotely. With this order, Executive Order 2020-80 is rescinded.
Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:
1. Hearing officers or arbitrators may conduct Michigan Employment Relations Commission (MERC) hearings by electronic means, including video conferencing. To the extent necessary, strict compliance with the procedural requirements of 1939 PA 176, as amended, MCL 423.1 et seq. (employment relations commission), 1947 PA 336, as amended, MCL 423.201 et seq. (public employment relations), and 1969 PA 312, as amended, MCL 423.231 et seq. (compulsory arbitration of labor disputes in police and fire departments), is temporarily suspended.
2. Notice to MERC, as well as personal service of notice, service of process, or written notice of a dispute relating to an impending strike or an impending lockout, may be provided by mail or by electronic means, including email. To the extent necessary, strict compliance with rules and procedures under sections 9, 9a, 9d(3), 11, 23(2), and 27 of 1939 PA 176, as amended, MCL 423.9, 423.9a, 423.9d(3), 423.11, 423.23(2), and 423.27, and any other procedural statutes governing MERC, is temporarily suspended.
3. The Unemployment Insurance Agency (UIA) may permit hearings to be held by telephone or electronic means, including video conferencing. To the extent necessary, strict compliance with rules and procedures under the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.1 et seq., is temporarily suspended.
4. Notice to the UIA and written notice by the UIA may be provided by mail or by electronic means, including email. To the extent necessary, strict compliance with rules and procedures under the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.1 et seq., is temporarily suspended.
5. Hearings held under the Administrative Procedures Act of 1969 (APA), 1969 PA 306, as amended, MCL 24.201 et seq., as well as under the MAHS Administrative Hearing Rules, R 792.10101 et seq., and any informal hearings required by statute, rule, or regulation, may proceed by telephone or by electronic means, including video conferencing. To the extent necessary, strict compliance with the rules and procedures of the APA, MCL 24.201 et seq., and the MAHS Administrative Hearing Rules, R 792.10101 et seq., is temporarily suspended. This does not apply to hearings by the Joint Committee on Administrative Rules.
6. Notice and service of process required by the APA, MCL 24.201 et
seq., and the MAHS Administrative Hearing Rules, R 792.10101 et seq.,
may be provided by mail or by electronic means, including email. To the extent
necessary, strict compliance with rules and procedures under the APA, MCL
24.201 et seq., and the MAHS Administrative Hearing Rules, R 792.10101 et
seq., is temporarily suspended.
7. Administrative rules or emergency rules may be filed with the secretary of state electronically, including by email. To the extent necessary, strict compliance with rules and procedures under the APA, MCL 24.201 et seq., is temporarily suspended.
8. Pursuant to section 18 of the Uniform Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.848, the Department of Technology, Management and Budget (DTMB) is directed to authorize the acceptance, use, and reliance upon electronic signatures for a signature required by sections 11(b)(4), 32b(3), and 54f of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.11(b)(4), 421.32b(3), and 421.54f. Pursuant to section 7 of the Uniform Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.837, a signature must not be denied legal effect or enforceability solely because it is in electronic form, and if a law requires a signature, an electronic signature satisfies the law.
9. Pursuant to section 18 of the Uniform Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.848, the DTMB is directed to authorize the acceptance, use, and reliance upon electronic signatures for a signature required under the APA, MCL 24.201 et seq., including any requirement of a signature for filing administrative rules or emergency rules with the secretary of state. Pursuant to section 7 of the Uniform Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.837, a signature must not be denied legal effect or enforceability solely because it is in electronic form, and if a law requires a signature, an electronic signature satisfies the law.
10. This order is effective immediately and remains in effect through June 30, 2020 at 11:59 p.m.
Given under my hand and the Great Seal of the State of Michigan.
Date: June 4, 2020
Time: 8:11 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.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator MacGregor moved that the Senate proceed to consideration of the following resolution:
Senate Resolution No. 122
The motion prevailed.
Senators Theis and Santana offered the following resolution:
Senate Resolution No. 122.
A resolution to condemn and denounce the violent activities of extremist organizations and to memorialize the Congress of the United States to redouble its efforts to combat the spread of all forms of domestic terrorism.
Whereas, Freedom of Speech and Freedom of the Press are hallmarks of our First Amendment rights and founding principles of this great nation. Article I, Section 5 of the Constitution of the State of Michigan of 1963 reaffirms, “Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press.”; and
Whereas, It is a fundamental responsibility of government to protect citizens thereby creating an environment that allows and encourages peaceful speech and peaceful protest; and
Whereas, Extremist organizations, including Antifa, White supremacist groups such as Boogaloo, and others, represent opposition to the democratic ideals of peaceful assembly and free speech for all. These organizations, because they believe that free speech is equivalent to violence, have used threats of violence and online harassment in the pursuit of suppressing opposing political ideologies; and
Whereas,
Federal statute defines the term “domestic terrorism” to mean activities that
involve “acts dangerous to human life that are a violation of the criminal laws
of the United States or of any State and those acts appear to be intended to
intimidate or coerce a civilian population, to influence the policy of a
government by intimidation or coercion, or to affect the conduct of government…”;
and
Whereas, Extremist organizations, including Antifa and White supremacist groups such as Boogaloo, and others, have traded civil protest for violence on multiple occasions, endangering public welfare and wreaking havoc on cities across America to advance their political ideologies. These organizations have participated in attacks on civilians, members of the press, law enforcement, and our men and women in uniform. Their violence detracts from peaceful gatherings, endangering individuals using civil protest as a means of expression; and
Whereas, Their use of violence as a means of furthering their political agenda has been denounced by various leaders and groups across the political spectrum; and
Whereas, There is no place for violence in the discourse between people in a civil society. The use of violence by extremist organizations represents a significant threat to public safety as well as the First Amendment rights of all people; now, therefore, be it
Resolved by the Senate, That we unequivocally condemn and denounce the violent actions of extremist organizations as unacceptable; and be it further
Resolved, That we memorialize the Congress of the United States to redouble its efforts, using all available and appropriate tools, to combat the spread of all forms of domestic terrorism; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the Director of the Federal Bureau of Investigation, the President of the United States Senate, the Speaker of the United States House of Representatives, the chair and ranking member of the United States House Committee on the Judiciary, 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.
Senators Alexander, Geiss, MacGregor, McCann and Wojno were named co-sponsors of the resolution.
The motion prevailed.
Senator Santana’s statement is as follows:
A journey of a thousand miles begins with a single step. Today, I stand here with our colleague from the 22nd District to ask you to begin a journey. To begin a journey that sets a tone for change, for healing, for progress, for unity, for understanding. I stand here proudly with a woman who has looked beyond political differences and found commonality with me.
This resolution is about condemning the rioting and destruction of property. We all have seen the images on television. We have seen rioters destroy police cars and break windows like they did here in the Capitol and other places. What did it prove? What did you gain? How did this help the cause? The answer is simple: it did not.
As a Detroiter, I am upset at those individuals who come to Detroit with the goal of antagonizing our police and encouraging violence. Once these individuals have accomplished their goals, they go back to their communities where that type of behavior is not tolerated. We have worked hard to rebuild our city, invested millions of dollars. Members of this chamber voted to support the resurgence of Detroit on several occasions. This resolution is about condemning the action of those who seek to destroy all the work that has been done.
Lastly, behind all of the helmets and shields is another Michigander. These Michiganders swore an oath that starts by saying, “As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property.” Behind all the tactical gear is someone’s father, mother, son, daughter, brother, sister, wife, husband, neighbor, and friend. By supporting this resolution, you are telling those brave men and women that we condemn rioting and looting because it compromises our safety and the safety of our law enforcement officials.
Senator Theis’ statement is as follows:
As my friend and colleague from the 3rd Senate District said, we stand
together today because we are joined together as Michiganders and as Americans
united for peace and understanding. The First Amendment of the United States
Constitution is clear: “Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances.” What happened to
George Floyd was horrific, unconscionable, indefensible, and pure evil. The man
responsible for his untimely passing should be held accountable to the full
extent of the law, as should his former co‑workers who participated or
allowed it to happen on their watch.
All of us are shocked and saddened by what we saw and have been spurred into action. We want to honor Mr. Floyd in a way that brings us together and allows for peaceful demonstrations where the message isn’t drowned out by further violence. It is specifically the job of government to protect the communities that are being decimated by looting and rioting. At the same time, the protesters who are peaceful people do not want their communities decimated, but they do want their message heard. With that in mind, and with unity of purpose, we offer this resolution to speak to our concern for our communities.
I stand here with a colleague I’ve been proud to call friend for quite some time, since I served with her husband, who is also a friend. We don’t stand here speaking about differences. We stand here caring about each other, in unity, seeking protection for the families in our communities, and for the ability of our citizens to redress their grievances in peace. These voices are being silenced around the country by groups that are not interested in a solution, but instead seek violence that would pull us apart. Colleagues, we ask for your support on this resolution because we stand here together to condemn and denounce that behavior, so that the peaceful voices that are rightfully outraged at injustices can be heard by the government that represents them.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1945 PA 302, entitled “An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties,” by amending section 1 (MCL 10.31), as amended by 2006 PA 546.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Hollier introduced
A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending sections 3 and 14 (MCL 333.27953 and 333.27964).
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Brinks, Geiss, Polehanki, McMorrow, Hertel, Wojno, Ananich, Moss, Alexander, Irwin, Chang and Hollier introduced
A bill to repeal 2015 PA 105, entitled “Local government labor regulatory limitation act,” (MCL 123.1381 to 123.1396).
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Geiss, Chang, Ananich, Hertel, McMorrow, Brinks, Wojno, Polehanki, Moss, Alexander, Irwin and Hollier introduced
A bill to amend 2018 PA 338, entitled “Paid medical leave act,” by amending the title and sections 1, 2, 3, 4, 5, 7, 8, 10, 11, and 14 (MCL 408.961, 408.962, 408.963, 408.964, 408.965, 408.967, 408.968, 408.970, 408.971, and 408.974), as amended by 2018 PA 369, and by adding sections 5b, 8b, and 12b; 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 Economic and Small Business Development.
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 8, 13, 13b, 15, and 16 (MCL 125.2652, 125.2658, 125.2663, 125.2663b, 125.2665, and 125.2666), section 2 as amended by 2018 PA 203, section 8 as amended by 2016 PA 471, and sections 13, 13b, 15, and 16 as amended by 2017 PA 46.
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 Economic and Small Business Development.
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21106 (MCL 324.21106).
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 Natural Resources.
A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending section 9 (MCL 722.929), as amended by 2013 PA 38.
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 1994 PA 204, entitled “The children’s ombudsman act,” by amending sections 2 and 6 (MCL 722.922 and 722.926), as amended by 2014 PA 455.
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 1995 PA 29, entitled “Uniform unclaimed property act,” by amending section 36a (MCL 567.256a), as added by 2016 PA 312.
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 Regulatory Reform.
A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending section 36 (MCL 567.256), as amended by 2016 PA 312.
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 Regulatory Reform.
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2661, 2663, 2665, 2667, 2671, 2673, and 2677 (MCL 339.2661, 339.2663, 339.2665, 339.2667, 339.2671, 339.2673, and 339.2677), as added by 2012 PA 505, and by adding section 2670.
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 Regulatory Reform.
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending sections 102 and 402 (MCL 333.27102 and 333.27402), section 102 as amended by 2019 PA 3 and section 402 as amended by 2018 PA 582.
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.
Recess
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:18 a.m.
The Senate was called to order by the President pro tempore, Senator Nesbitt.
By unanimous consent the Senate returned to the order of
General Orders
The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator Irwin as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Nesbitt, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5541, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1 and 2 (MCL 28.291 and 28.292), section 1 as amended by 2018 PA 605 and section 2 as amended by 2018 PA 669.
Substitute (S-1)
Senate Bill No. 945, entitled
A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending the title and sections 9, 9b, 9c, and 9d (MCL 28.609, 28.609b, 28.609c, and 28.609d), the title as amended by 1998 PA 237 and sections 9, 9b, 9c, and 9d as amended by 2018 PA 552, and by adding section 9f.
Substitute (S-1)
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 36, line 8, after “(1)” by striking out “A” and inserting “Subject to appropriation, a”.
2. Amend page 36, line 12, after “(2)” by striking out “Beginning” and inserting “Subject to appropriation, beginning”.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 945
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator MacGregor moved that the Senate proceed to consideration of the following bills:
Senate Bill No. 756
House Bill No. 5164
Senate Bill No. 945
The
motion prevailed.
The following bill was read a third time:
Senate Bill No. 756, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 765a (MCL 168.765a), as added by 2018 PA 123.
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. 159 Yeas—36
Alexander Daley Lucido Polehanki
Ananich Geiss MacDonald Santana
Barrett Hertel MacGregor Schmidt
Bayer Hollier McBroom Stamas
Bizon Horn McCann Theis
Brinks Irwin McMorrow VanderWall
Bullock Johnson Moss Victory
Bumstead LaSata Nesbitt Wojno
Chang Lauwers Outman Zorn
Nays—0
Excused—0
Not Voting—2
Runestad Shirkey
In The Chair: Nesbitt
Senator MacGregor moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
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. 160 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: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5164, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending sections 907, 943, 945, and 947 (MCL 339.5907, 339.5943, 339.5945, and 339.5947) and by adding section 946.
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. 161 Yeas—36
Ananich Geiss MacDonald Runestad
Barrett Hertel MacGregor Schmidt
Bayer Hollier McBroom Shirkey
Bizon Horn McCann Stamas
Brinks Irwin McMorrow Theis
Bullock Johnson Moss VanderWall
Bumstead LaSata Nesbitt Victory
Chang Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—2
Alexander Santana
Excused—0
Not Voting—0
In The Chair: Nesbitt
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 945, entitled
A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending the title and sections 9, 9b, 9c, and 9d (MCL 28.609, 28.609b, 28.609c, and 28.609d), the title as amended by 1998 PA 237, sections 9, 9b, 9c, and 9d as amended by 2018 PA 552, and by adding sections 9f and 9g.
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. 162 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: Nesbitt
The Senate agreed to the title of the bill.
The motion prevailed.
Senator Chang’s statement is as follows:
I rise today to speak in support of Senate Bill No. 945. First, I want to thank the bill sponsor and committee chair for their important work on this piece of legislation. My younger daughter turned one year old on Tuesday. We celebrated, but honestly the past week and a half has been really challenging. As I watch the news and felt the pain of so many of my neighbors and community members, and my own family.
I’ve been thinking a lot about what the world will be like when my daughters grow up. Will the protests of today still be needed 30 years from now? Will their friends, who are black boys, be seen as a threat when they become young black men, simply because of their race? Will my black and Asian daughters feel a sense of safety, or fear, when they encounter a police officer? Will any of their friends be a victim of excessive use of force?
When we come to the Capitol to serve our communities, there is no bigger
motivator than our children—or for some of you, your grandchildren. We are here
to shape the future for them. The structural change that we work on here can
hopefully lead to cultural change as well. Ensuring that police officers are
trained on implicit bias, de-escalation, behavioral health, and procedural
justice is an important step forward. We can’t, in one day, change someone’s
subconscious, or their deeply held unconscious biases, but if we can change
what goes through and officer’s mind when they encounter one of our community
members who doesn’t look like them, we could change the outcome.
I’m really grateful that this legislation, as reported out of committee, requires continuing education for police officers beginning in January 2022. In April of 2017, the Michigan Commission on Law Enforcement Standards issued a report on fostering public trust in law enforcement here in Michigan. One of the recommendations in the report was to require in-service training for all licensed officers and to connect the requirement to licensure. The report pointed out that Michigan is one out of only six states that do not require continuing education. By requiring law enforcement officers to receive continuing training, we can make sure that they know up-to-date practices related to officer safety, use of force, community policing, and so much more. This could dramatically change what police and community interactions look like here in Michigan.
A few days ago I felt that I needed to explain to my four-year-old daughter—in whatever terms I could figure out might be age appropriate—what was going on in our country right now. I told her that police officers are supposed to protect us and that some officers really hurt someone and many people are angry and sad. She said to me that good police officers should have stopped the bad ones. I couldn’t agree more and I hope that ongoing requirements of training will put us on a path towards a reality in which my daughter’s vision of a different kind of justice system comes true.
In 1967, Dr. Martin Luther King Jr. gave a speech called The Other America. He said, “In the final analysis, a riot is the language of the unheard. And what is it that America has failed to hear?
It has failed to hear that the promises of freedom and justice have not been met. And it has failed to hear that large segments of white society are more concerned about tranquility and the status quo than about justice, equality, and humanity. And so in a real sense our nation’s summers of riots are caused by our nation’s winters of delay. And as long as America postpones justice, we stand in the position of having these recurrences of violence and riots over and over again. Social justice and progress are the absolute guarantors of riot prevention.
Colleagues, we are in an important moment in history. How do we want to be remembered? Passing this bill would mean progress towards that social justice that Dr. King speaks of, and towards equity. I hope that we will continue our collective conversation in our communities and here at the Capitol about bold changes that can move us towards a new vision of justice. Let’s all do our part to make sure history looks back on us favorably.
Senator Irwin’s statement, in which Senator Bullock concurred, is as follows:
I rise to speak in support of Senate Bill No. 945, a proposal to improve Michigan’s police training. This bill has four main elements. It will require that all officers are receiving training in implicit bias, training in violence de-escalation, and training in mental health screening and well as requirement for the first time in the state of Michigan that police officers participate in continuing education—something that the vast majority of other states do. And I want to point out that the sort of mental health screening we call for in this bill is not just mental health screening so they better identify and deescalate situations with individuals who are in mental health crises, but it’s also training to destigmatize the access to mental health services for officers themselves who face stressful and difficult encounters on a regular basis.
I want to say to my colleagues that I appreciate and invite support on this bill, but this is only one step towards the greater justice and freedom that our residents are calling for. Not all of you are parents like me, but many of you are, and I want to follow down the line a bit that my colleague from the 1st District did. I want you to imagine the love you feel for your children. I want you to imagine your desire—your need—to keep your children safe and to protect your own child. I want you to imagine, for a moment, the fear and anxiety you have for your own children. Some of you have newborns. Will they stay healthy? Will they thrive and find love and success? These are weighty issues for all parents. But now I want you to imagine what every parent of black and brown children in America faces. On top of all of that, they face the constant fear and anxiety that their children will be a victim of the police that we hire to protect and serve.
We must change this. Now there is work to do in every corner of this nation to fight for this greater justice and to drive progress in police brutality. There is work to be done at kitchen tables and at city councils, in police stations and training programs, but there is also work that we need to be doing here in the State Legislature. This bill is just one step in a long journey. I’m inviting all my colleagues to help to change the culture of policing so that every citizen here in the state of Michigan can experience the freedom and the liberty that we all want for our people here in the state of Michigan.
I ask you to join me in supporting this. I ask you to join me in taking
further steps to improve the relationship, to restore right relations between
our communities and our police. Our communities are calling for change and I
appreciate this step and I hope that we can take more to provide that kind of
justice and freedom that is denied to so many of our citizens and to solve that
anxiety and fear that is felt in the pit of the stomach of so many parents here
in our state.
Senator MacGregor moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 11:15 a.m.
The Senate was called to order by the President pro tempore, Senator Nesbitt.
By unanimous consent the Senate returned to the order of
Messages from the House
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.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending sections 1, 5, 10, 10b, 10c, 10e, 10f, 10g, 10h, 10j, 10k, and 10l (MCL 125.981, 125.985, 125.990, 125.990b, 125.990c, 125.990e, 125.990f, 125.990g, 125.990h, 125.990j, 125.990k, and 125.990l), sections 1 and 5 as amended by 2003 PA 209, sections 10, 10c, 10f, 10g, and 10k as amended by 2018 PA 262, sections 10b, 10e, 10h, and 10l as amended by 2013 PA 126, and section 10j as added by 2001 PA 260.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
By unanimous consent the Senate proceeded to the order of
Statements
The motion prevailed.
Senator Moss’ statement is as follows:
Through the Chair I’d like to not only address my colleagues here, but through the Chair, also my constituents back home who have been hurting every day for the last several months, suffering in crisis upon crisis, inside crisis. And I hurt a lot with them and for them.
I live in a majority-black community. A majority-black electorate sent
me to represent us on our city council. A majority-black electorate sent me to
serve here in the Michigan Legislature when I came here in 2014. I’m immersed
every day in black culture. I reap all of the rewards from being immersed in
black culture—a culture that’s centered around multi-generational strong family
relationships; a deep abiding faith in God; evening walks in our neighborhood
to visit with neighbors while kids play in the street until dusk; the smell of
summer cookouts and block parties; the sound of soul music that beats to the
music of our lives. I reap from all of those rewards of being immersed in black
culture. And I suffer from none of the hardships of being immersed in black
culture and being black in America, in which the harsh legacy of slavery and
Jim Crow endures.
Whether it’s implicit bias or overt racism, that legacy causes us to look at one another and, just based on skin color, assign people their worth and how they will be treated. As a white person, I’m given the benefit of the doubt. George Floyd was not given the benefit of the doubt. Ahmaud Arbery was not given the benefit of the doubt. They were approached, someone assigned worth to them, and they were murdered all within a matter of moments. That’s an injustice. Racism has killed and is killing black people. And systemic racism is attacking every district in this state. Racism is attacking the future of the black child who won’t have the same educational opportunities just because of the zip code she lives in. Racism is attacking the future of the black teen, who could get into the same teenage mischief as his white friend, but suffer harsher, longer, life-altering penalties. Racism is attacking the future of black prosperity and wage and wealth disparities that persist block black upward mobility. Racism is attacking the future of black communities, where Flint’s water is poisoned and Detroit air is polluted. Racism is attacking the present of too many lives that matter. Black lives matter. Black communities matter. Black futures matter.
As white people, it is not enough for us to just reap in the rewards of living in black communities and having black friends, enjoying black artists. We must do the demanding work together to break down systems of oppression and trust black people when they tell us that they suffer from hardships that we can’t see. We have to believe black people when they say they can’t breathe. We must listen to black voices and learn from the black experience in America to change our laws, our policies, our procedures; to root out the racism among us.
To the people who sent me here to represent and advocate for them in the State Senate: I’m listening to you, I’m learning from you, and I march alongside you for change. The work that we’ve engaged with today on Senate Bill No. 945 is an important start and we have a long way to go, and I’m committed to seeing the work through ahead.
Senator McMorrow’s statement is as follows:
My district begins just two miles north of Detroit, a city whose population is more than 80 percent black, yet my district—just two miles away—is nearly 80 percent white. That doesn’t happen by accident.
I’ve listened with open ears to the passionate speeches and stories from my colleagues over the past few weeks—our colleague from the 6th District, week after week after week, passionately pleading for this body to unify against a symbol of racism and hatred, a relic of an ugly and painful part of our past when people owned and sold other people; our colleague from the 2nd District openly and emotionally grappling with feeling unsafe and angry in the face of so much pain; our colleague from the 3rd District pleading with us to listen—listen to people who are tired, who are hurting, who have faced generations of government oppression, and continue to fight the same fights that their parents and grandparents fought, just to be heard and seen; and our colleague from the 4th District, who just a few weeks ago stood up and gave a speech about hope despite having revealed that he’d personally lost 27 people in his life to COVID-19, challenging all of us and reminding us that silence isn’t acceptable.
I’ve grappled with my role in all of this over the past few weeks. Last week I watched the video of Amy Cooper, a white woman, call the police on a black man in Central Park, whose only supposed crime was asking her to leash her dog in a park that requires dogs to be leashed. I watched as Amy Cooper told him that she was going to call the police and tell them that an African American man was threatening me and my dog, and she did just that and immediately raised her voice and summoned tears and feigned a real threat, despite the fact that we see no movement forward from Mr. Cooper’s camera and hear his voice calm and measured. He was in no way a threat, but it was terrifying and eye-opening how quickly this woman turned on an act of fear and threat in an attempt to use the police to protect her against a black man.
I watched the video of George Floyd, a man who lost his job as a bouncer during the shutdowns due to COVID-19 and whose crime was passing a counterfeit $20 bill, crying out for his mama, saying “I can’t breathe” as an officer held a knee to his neck for more than eight minutes, who held it there even for three minutes after Mr. Floyd became unresponsive, and after his pulse could no longer be felt.
Listening to my colleagues speak and watching these videos made me realize that for too many people and for far too long America has had a system designed to protect and serve people who look like me from people who don’t, which is how a district that begins two miles north of an 80-percent black city can be 80 percent white.
A few months ago, I was sitting at a city commission meeting in my
district. A resident got up to address the commission and demanded that the
city stop building multi-family housing and apartments downtown because it
would “destroy the character of the neighborhood,” going further to say “the
people who own single-family homes are not the people who rent apartments.”
Another resident stood up and demanded that the commission “prohibit
restaurants and bars downtown from having DJs at night”—a common practice that
draws crowds of visitors and a lot of business to our city—“because that music
attracts those people,” he said, “and we don’t want the problems of Detroit
coming here.” I was shocked and appalled, and I legitimately did not know what
to say, so I said nothing.
Last month, our office received a long voicemail from a constituent, a woman whose voice was raised and getting more stressed by the minute. “I saw that the Governor created a commission about race,” she said, “so I hope you will call me and explain to me why white residents are being forced to shelter in place while blacks in Wayne and Detroit who are the ones spreading this virus are allowed to saunter back into the world.” I was shocked, appalled, and I did not know what to say, so again I said nothing.
Over the past few weeks, black residents of my district have challenged me to be louder and to speak up. One mother told me how important it is because she fears for her son and for his future. She said we need you. She challenged me to be louder, our colleagues challenge me to be better, and to all of them, I’m sorry. In my uncertainty of what to say, too often I’ve said nothing, which has done nothing to stop the embedded racism and systemic failures that have sustained an 80-percent white district two miles north of an 80-percent black city.
I’m sorry and I will no longer be silent.
Senator Hollier’s statement is as follows:
I wanted to share a little bit of perspective. I know we’ve talked a great deal about what this means, but I wanted to let you know what it’s meant in my life and what that means for me. I grew up in a black city. My dad was a firefighter and my mom’s a social worker. My sister was a Detroit cop for ten years. I had great experiences with some police officers. My Little League football coach was a copy. He was actually on the gang squad, and the reason that was so important was because he’d always say if anybody you know gets in trouble, tell them you’re on my team, even if you aren’t because it’ll make a difference. As a kid, I had to grapple with what I was supposed to do when I interacted with the police.
I found myself on Friday trying to explain to my two-year-old not only what was going on but how she had to interact with the police. My wife was like why are you telling her that? I realized I was telling her for me because I was like, I needed to do something and that something is trying to give my daughter those tools because when you have a little kid, when you have a child, you want to teach them and ingrain in them good habits. At that moment, the healthiest habit I could give her was, if you interact with the police, these are the things that you need to do.
Over the past week, I’ve been having these conversations with folks and I didn’t realize how much I’d been trained. Before I learned how to drive, when I played with cars and all those kinds of things, my parents were walking me through that first stop with the police, that experience where if I got pulled over, I knew immediately to take my wallet out, to put my license and my registration in my front windshield, to put my hands at 10-and-2 because that was what was necessary for me to be safe. I do it all the time; I don’t even think about that reality.
What I wanted to share specifically with you was that moment when I became a threat, that moment when I realized very clearly that the police were not there to protect me but to protect me from something else. As a high school student, one of my best friends dropped him off after our school won the city championship, dropped him off in a neighborhood not in the city of Detroit and I got stuck in a ditch because we were on a dirt road. I called him back and he came to help me. A police car came, and I thought, oh great, I’m stuck in a ditch and this police officer is going to come help me. That’s not what he was there for. He asked me for my ID, he asked me how many times I’d been arrested, if I had any warrants, if I had any drugs, and I was like, you know, that’s what I expect to have happen. I expect him to ask those kinds of things, and he asked me. I was like, but I called a tow truck and they’re going to come. Then he called for backup to include the K-9 unit, and then he asked me again if I had drugs, if I had warrants, why I was there, and I was like, I was dropping him off, I’m stuck, I’m waiting on a tow truck. The tow truck arrives, and I imagine he was going to leave. He didn’t. He waited until we were on the hitch and he and the other squad car proceeded to follow us until we were back in the city of Detroit.
I say this knowing that for my friends I am the talk-to-the-police friend. I’m the one who is confident, has handled all those things, isn’t in any trouble, and I could tell you ten or 20 times when I had an experience that could have and should have gone wrong because that was the experience all my friends had. When we talk about training, when we talk about these experiences, I just want you to know how different my life is, how different the life is of my daughter and her friends and the people I’ve grown up with, but most importantly I want you to know because you all make a difference in how this changes. You talking about this experience, and I appreciate my colleague whose statements echoed those before because each one of you have an opportunity to change these issues. It’s not the hateful people who are the problem. It’s the people who don’t realize that there’s a problem. Every person in this chamber has an opportunity to move the needle. You have an opportunity to say that these things are not acceptable.
I can’t tell you how many times I’ve gone to a community where I got a speeding ticket and 90 percent of those people in there look like me, but the community has one person that looks like me, or none. I tell the judge that this is what happened, I wasn’t speeding, or whatever, and they’re like, we’ll bust it down but you were speeding. We’re going to give you a ticket. Colleagues, I just ask you to share in this space and to share that. I’m also going to be asking folks to share their story and say, using the hashtag #WhenIBecameAThreat, to talk about that experience so that we have a real, robust, and lively discourse about our interactions with the police. Thank you, Mr. President, and, colleagues, I look forward to working with you on this.
Senator Bullock’s statement is as follows:
Colleagues, I rise again to just give conscience to the general populace. The other day, I cried, just cried uncontrollably after several conversations, so I will just move into this.
My friend from the 2nd District gave great insight of when he learned he was a threat, the enemy, to America and the police. I have a hundred and one personal stories about being the enemy, or the threat. I got the black boy rules of engagement when I was four years old. Yet, I’m going to take this in another direction.
These are challenging times—the challenges of daily life, the challenges of the virus, COVID-19—but that will pass. But every day of my entire life, my parents, every day of their lives, they have had to endure the virus of racism. The virus of classism. The virus of white privilege-ism. The virus of profiling. And that is what manifests itself in the knee on the neck of a defenseless black man.
But legislation, local and national, has been the knee on the neck of the black and the brown communities through racial and discriminatory policies and laws, the knee on the neck of education by cutting funding, a knee on the neck to jobs with right-to-work laws, a knee on the neck with inequitable policies to health care and criminal justice, and the Flint water crisis. See, me and my kind, we’re just a threat, we are always the enemy, just because of our ebony hue.
Everyone, just close your eyes for a minute, and just imagine, you’re driving with your three elementary school-aged kids, under the age of eight, in a nice oversized vehicle. And you get flicked by the red and blue lights, and the siren to pull over. You stress, “What did I do?” You firmly have to ask your babies to play the robot game, and be still. You have to roll down all your windows, front, back, left and right, to give an unobstructed view to your car. You have to place your ID and your insurance quickly on the dashboard above the steering wheel. You place both hands out of the vehicle, with your palms down, to prove that you are not a threat. You plead with your babies, “Don’t move!”, this is a serious game for ice cream. And you pray, before the two white officers with hands on guns, approach your vehicle from both sides and engage you. Just imagine that emotion that I go through. Needless to say, the encounter is rude, unsubstantiated, and does not result in any infraction due to my engagement, my own personal behavior of humility, where I have to tolerate and endure that humiliation and disrespect.
My only infraction is being guilty while driving black in a nice vehicle. Because one of the only questions asked was, “How much did the vehicle cost?” This is when my children learn their father was the threat, the enemy to some police in America, and they were guilty by association.
Look, I want to work with each and everybody in here. I want to make sound policy, and I want a society where my children are no longer the threat, or the enemy, ever. So, you know, I’m still the rookie on the all-star team over here, you can still hug me, text me, call me, take me out to dinner. I’m down, I’m good with that. I’m not mad at anyone. I’m disappointed at times in some of you, sometimes you’re probably disappointed in us, but I just ask that everybody search for that humanity, your compassion towards working for the greater good, the good of all people, black people, the prayers and pledge we vow every morning to start session with justice and liberty for all. We need a healing. And so, on my desk is a resolution that I want you all to join in, declaring racism a public health crisis in Michigan. And we as a body will work to promote racial equity. So I look forward to the entire chamber’s support, and I’m gone.
Senator Bayer’s statement is as follows:
Colleagues, if you’ve noticed the colorful garb across the aisle, tomorrow, June 5th, is Wear Orange Day. This day started in honor of a young woman, Hadiya Pendleton, who was shot and killed at 15 years old. This day has grown to a national movement to honor victims of gun violence across the country and to raise awareness of national and ongoing tragedies. Today, I stand here in honor of Hadiyah Pendleton, in honor of my own teenage friend and neighbor, Geoff, who died from suicide with his father’s gun, and in honor of hundreds of people every single week who die of gun violence in our country.
Today, I stand here to talk about legislation designed to help curb this violence, designed to help save lives, to help save our children. Along with my colleagues from the 1st, the 13th, and the 18th Districts, we’ve introduced a package of four bills that require firearms to be safely and securely stored in a building where minors are present. In addition, this legislation will offer sales and use tax exemptions for firearm safety devices while keeping the School Aid Fund whole through the end of 2021.
This legislation requires firearms to be safely stored by securing them
with a locking device, by keeping them in a locked box or a container, or
simply by keeping the firearms in a location that a reasonable person would
believe is secure. That’s it.
It’s such common sense that 14 other states have already passed laws like this to protect their children, and, in those states, since enacting storage legislation like these bills, they’ve seen a 13 percent reduction in unintentional firearm fatalities among children from zero to fourteen years old. Let’s join them and protect our children here in Michigan.
Now, you know I’m a computer scientist and a data analyst, and here’s a couple more facts. Up to 89 percent of unintentional shooting deaths of children occur in the home. Most of them involve children playing with an unlocked and loaded gun. Think about that. Playing with a gun. Really, those two words going together doesn’t make sense. They should never go together. This legislation gives us an opportunity to do something about that.
Did you know, maybe, that an estimated 54 percent of gun owners don’t lock their guns? And 4.6 million American children live in households with at least one unlocked and loaded firearm. This legislation gives us a real opportunity to do something about that. Did you know that more than double the number of children die from gun violence than from drowning every year? And, of course, Michigan requires barriers around most swimming pools, but we don’t have any legislation protecting our kids from guns and requiring them to be safely stored. It makes no sense that we protect children from falling in a pool but not from playing with a loaded gun. This legislation gives us an opportunity to do something about that.
And, for my friend, Geoff, I want you to know that the firearm suicide rate for children and teens has increased over 65 percent in the last ten years. Having access to a gun for anyone increases the risk of death by suicide by three times, not 3 percent, three times. This legislation gives us an opportunity, us, to do something about that.
Finally, nearly 80 percent of Americans support safe storage laws. This legislation gives us an opportunity to listen to our people. Colleagues, I know none of us want to see another child die from gun violence. So, today, the day before Wear Orange Day, with so many other stressors on our state and our people, let’s work together to take this simple step and save Michigan children. Please join us in supporting the Safe Storage legislative package, sign on to Senate Bill Nos. 922, 923, 924, and 925. Your children and grandchildren deserve it.
Senator Geiss’ statement is as follows:
The past several weeks have been difficult to say the least. Among the difficult and traumatic things was the silence, of what appeared to be, and what felt like, sheer and unmitigated dismissal of the issues that my colleagues and I mustered the strength to speak about.
To the good Senator from the 36th District, thank you for on Tuesday breaking that silence. It is appreciated, and it’s a start. To others, including our friend from the 38th District, I also thank you for being willing and able to listen. It too is a start. And to our brother Senator from the 11th District and our sister Senator from the 13th District, thank you today for also listening and for breaking the silence.
Without a doubt, we are at a very fragile and tenuous time right now. We are in a space where recent events highlight and amplify the long-standing, deeply-seeded policies, systems, thoughts, actions, and inactions that are rooted in racism. And we are at yet another time in American history where we are presented with a clear opportunity—a clear mandate—to address these systemic and well-institutionalized threads that are woven into the very fabric of this country. We are presented with the opportunity—a clear mandate—in this moment to not just address the issues of policing as we just did we Senate Bill No. 945, but to sincerely, deeply, and thoughtfully address the other issues directly and indirectly related to the institutionalized systemic and structural racism that affects black people and people of color across the board, from economics to health care, to participating in our democracy, and much more. You’ve heard some of the stories, and those were just the tip of the iceberg.
I know many are likely thinking a range of things, from we don’t need that, and it was addressed in the civil rights era, all the way to how do I do that, how do I help. I’m going to tell you that the path forward and through this fragile, tenuous time that also has the great potential to move us all toward greatness is not only in refraining from remaining silent but also in listening to and hearing us. Like I said before, the stories you’ve heard today are just a mere fraction of what we experience, the ones we’re willing to share in mixed company.
In listening to our experiences, in listening to our realities, and in
hearing us and in understanding that it is only through, with, and alongside us
that there can be the type of change that is needed and required. It is time
once and for all to decolonize our minds, to disrupt and dismantle the
destructive systems that are rooted in racism, and rebuild them differently—better—and
move towards a new period that truly bends the arc toward equity, equality,
liberty, and justice for all.
Announcements of Printing and Enrollment
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 3:
House Bill Nos. 4159 4792 5248 5249 5339 5340 5481 5700
The Secretary announced that the following bills were printed and filed on Wednesday, June 3 and are available on the Michigan Legislature website:
Senate Bill Nos. 951 952 953 954 955 956 957
House Bills Nos. 5827 5828 5829
Committee Reports
The Committee on Finance reported
Senate Bill No. 935, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2014 PA 426, and by adding section 6d.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jim Runestad
Chairperson
To Report Out:
Yeas: Senators Runestad, Nesbitt, Daley and VanderWall
Nays: Senator Chang
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 936, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2014 PA 425, and by adding section 6d.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jim Runestad
Chairperson
To Report Out:
Yeas: Senators Runestad, Nesbitt, Daley and VanderWall
Nays: Senator Chang
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 937, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 703 and 705 (MCL 206.703 and 206.705), section 703 as amended by 2016 PA 158 and section 705 as amended by 2011 PA 192.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jim Runestad
Chairperson
To Report Out:
Yeas: Senators Runestad, Nesbitt, Daley and VanderWall
Nays: Senator Chang
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Wednesday, June 3, 2020, at 12:30 p.m., Room 403, Capitol Building
Present: Senators Runestad (C), Nesbitt, Daley, VanderWall and Chang
Excused: Senators Bumstead and Alexander
The Committee on Transportation and Infrastructure reported
Senate Bill No. 921, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2091) by adding section 8c.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 4228, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1086.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 4577, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2081) by adding section 1092.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 5195, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 809 (MCL 257.809), as amended by 2019 PA 88.
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.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 5313, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2019 PA 88.
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.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Bullock and Hollier
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation and Infrastructure reported
House Bill No. 5541, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1 and 2 (MCL 28.291 and 28.292), section 1 as amended by 2018 PA 605 and section 2 as amended by 2018 PA 669.
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.
Tom Barrett
Chairperson
To Report Out:
Yeas: Senators Barrett, LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation and Infrastructure submitted the following:
Meeting held on Wednesday, June 3, 2020, at 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Barrett (C), LaSata, McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
The Committee on Judiciary and Public Safety reported
Senate Bill No. 945, entitled
A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending the title and sections 9, 9b, 9c, and 9d (MCL 28.609, 28.609b, 28.609c, and 28.609d), the title as amended by 1998 PA 237 and sections 9, 9b, 9c, and 9d as amended by 2018 PA 552, and by adding section 9f.
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.
Peter J. Lucido
Chairperson
To Report Out:
Yeas: Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays: None
The bill and the substitute recommended by the committee were referred
to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary and Public Safety submitted the following:
Meeting held on Thursday, June 4, 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 Appropriations submitted the following:
Meeting held on Wednesday, June 3, 2020, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Stamas (C), Bumstead, Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt, Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Senator MacGregor moved that the Senate adjourn.
The motion prevailed, the time being 12:11 p.m.
The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Tuesday, June 9, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate