STATE OF MICHIGAN
Journal of the Senate
101st Legislature
REGULAR SESSION OF 2022
Senate Chamber, Lansing, Thursday, April 14, 2022.
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 Polehanki—present
Ananich—present Huizenga—present Runestad—present
Barrett—present Irwin—present Santana—present
Bayer—present Johnson—present Schmidt—present
Bizon—present LaSata—present Shirkey—present
Brinks—present Lauwers—present Stamas—present
Bullock—present MacDonald—present Theis—present
Bumstead—present McBroom—present VanderWall—present
Chang—present McCann—present Victory—present
Daley—present McMorrow—present Wojno—present
Geiss—present Moss—present Wozniak—present
Hertel—present Nesbitt—present Zorn—present
Hollier—present Outman—present
Senator Curtis S. VanderWall of the 35th District offered the following invocation:
Our Father, we come to You this day to ask that You just bless us, You give us the opportunity to do Your work, the work of the state. We ask that You allow us to work together for the betterment of our citizens. We pray for our leaders—we think of our Governor, we think of our Majority Leader, we think of our President—and we ask that You are with them. We ask that You guide them.
We ask now that You are with those who are struggling, we ask that You give them strength. We ask that we can be help to them. We pray for those who pastor us. We ask that You are with this nation during this Holy Week—the holiday we are about to celebrate of Easter—of the death on the cross and the rising of our Savior to forgive us for our sins. We ask now that You just continue to bless us, bless this nation, be with us today and every day for Jesus’ sake. Amen.
The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
The motion prevailed.
The following communication was received and read:
Office of the Senate Majority Leader
April 13, 2022
Pursuant to MCL 390.1665, I submit the following individual to be appointed to the Detroit Promise Zone Authority Board for a term commencing January 1, 2022 and expiring January 1, 2025:
Stacie Clayton
Detroit, Michigan
Please contact my office if you have any questions.
Sincerely,
Mike Shirkey
16th Senate District
Senate Majority Leader
The communication was referred to the Secretary for record.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:05 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senators Bullock, Geiss and Ananich entered the Senate Chamber.
The motion prevailed.
Senator Wozniak’s statement is as follows:
I rise to thank and bid farewell to a fine young man who has been interning in my office since early January. Mitchell Lys, who is with us today in the east Gallery, has demonstrated a strong work ethic and intellect and is well regarded by my team. As a proud graduate of Michigan State University who has done brief stints in both the political and legislative sides of Lansing, I know that, while we will miss him in my office, he will be soon doing great things in what should be a long and successful career.
Mitchell, thank you for your
contributions to my office and your service to the people of the 8th Senate
District. Mr. President, I ask that my remarks be printed in the Journal, and
that my colleagues join me in thanking Mitchell and wishing him all the best in
the future.
Senator Ananich’s statement is as follows:
I’m doing something a little unorthodox today. Generally when a staff member leaves, they’re aware of it but in this case instead of a tribute I have a box, and instead of a going-away party I’m going to ask the sergeants to walk her out as soon as I’m done speaking.
Sorry, all joking aside, this is going to be difficult for me. Obviously we’ve all had speeches about staff members who have done amazing work for us and are going on to do amazing work after us, but—and this is a terrible thing to say—I have a very special and long relationship with Bryanna McGarry. Not that I don’t with my other staff, but just a longer one with Bry. I’ve known her dad in different capacities, I went to her sibling’s open house, she was just a homely little kid and to see her grow up to be so intelligent and funny and talented in her work and to just grow up to be a homely adult—boom, roasted. The only way I can do this is if I start off with jokes because I will actually have—you’ve never seen water come out of my eyes, but it actually might happen if I have to be serious the whole time talking about Bry.
I remember the day I met her—officially met her—as an adult at Luigi’s Restaurant where I asked her to join my campaign in 2010 and she’s basically been with me since then. She started off as a field staff person on my campaign in 2010. After the campaign she decided to go back to school at U of M and get a master’s degree in social work and have a focus in policy and shortly thereafter—I was in the House for a while, I brought her back, and she started working for me in the House. She helped me on my campaign volunteer-wise in 2013 when I came here, and she’s been on my staff in the Senate office first and now where many of you have worked with her as a committee staffer for us. She has become, and I don’t use terms like this lightly, a content expert in so many different things but in particular, health care which will serve her in her next job and she can tell you what that is if she hasn’t already.
Nobody in here probably knows her mom or dad or her brothers and sisters, but family is extremely important to Bry and their influence had a dramatic effect on the person she is today. Her father still kicks around doing important work in Flint—I and another person in my office refer to him lovingly as Grandpa Joe from Willy Wonka, he would not appreciate me saying that but, you know, I’m going to do it anyway. He instilled in her—both parents did—a dedication to her community, a love of helping people, and I think a desire to learn every day. I think that’s why she’s such a tremendous staffer, because she always strives to make sure people on our side—and even people on the Republican side because she has a tremendous relationship with your staff both on the caucus side and in many of your offices—to make sure that we’re at our best when we’re up doing our important work.
I can’t say enough about how proud I am of her and how I know she’s going to do amazing things in this next job and the job after that and any job she decides to take. The world is yours for the taking Bry. I’m going to start crying so I’m going to stop here and just say I love you like family and I wish you the best of luck.
Recess
Senator Lauwers moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:30 a.m.
The Senate was called to order by the President, Lieutenant Governor Gilchrist.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Lauwers moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 944
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 944, entitled
A bill to amend 1945 PA 47, entitled “An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 331.9), as amended by 1990 PA 69.
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. 113 Yeas—37
Alexander Geiss MacDonald Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Stamas
Bayer Horn McMorrow Theis
Bizon Huizenga Moss VanderWall
Brinks Irwin Nesbitt Victory
Bullock Johnson Outman Wojno
Bumstead LaSata Polehanki Wozniak
Chang Lauwers Runestad Zorn
Daley
Nays—0
Excused—0
Not Voting—1
Shirkey
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4705, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” (MCL 15.261 to 15.275) by adding section 9a.
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. 114 Yeas—33
Alexander Horn McCann Shirkey
Barrett Huizenga McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang MacDonald Runestad Wozniak
Daley McBroom Schmidt Zorn
Hollier
Nays—5
Ananich Geiss Hertel Santana
Bayer
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts,”
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4256, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 502c (MCL 750.502c), as amended by 2015 PA 144.
The 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. 115 Yeas—32
Alexander Geiss MacDonald Schmidt
Bayer Hertel McCann Shirkey
Bizon Hollier McMorrow Stamas
Brinks Horn Moss VanderWall
Bullock Huizenga Nesbitt Victory
Bumstead Johnson Outman Wojno
Chang LaSata Polehanki Wozniak
Daley Lauwers Santana Zorn
Nays—4
Barrett Irwin McBroom Runestad
Excused—0
Not Voting—2
Ananich Theis
In The Chair: President
Senator Lauwers 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. 116 Yeas—34
Alexander Geiss McCann Shirkey
Ananich Hertel McMorrow Stamas
Bayer Hollier Moss Theis
Bizon Horn Nesbitt VanderWall
Brinks Huizenga Outman Victory
Bullock Johnson Polehanki Wojno
Bumstead LaSata Santana Wozniak
Chang Lauwers Schmidt Zorn
Daley MacDonald
Nays—4
Barrett Irwin McBroom Runestad
Excused—0
Not Voting—0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Motions and Communications
Ferris State University Board of Trustees
Mr. Michael D. Ryan of 327
South Stewart Avenue, Big Rapids, Michigan 49307, county of Mecosta, succeeding
Kari Sederberg who has resigned, appointed for a term commencing February 18,
2022 and expiring December 31, 2026.
Western Michigan University Board of Trustees
Mr. Jon B. Hoadley of 2720 Parkview Avenue, Kalamazoo, Michigan 49008, county of Kalamazoo, succeeding Ron Kitchens who has resigned, appointed for a term commencing February 18, 2022 and expiring December 31, 2024.
(These appointments were referred to the Committee on Advice and Consent on Tuesday, February 22. See Senate Journal No. 17, p. 171.)
On which motion Senator Chang requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members serving voting therefor, as follows:
Roll Call No. 117 Yeas—22
Barrett Johnson Outman Theis
Bizon LaSata Runestad VanderWall
Bumstead Lauwers Schmidt Victory
Daley MacDonald Shirkey Wozniak
Horn McBroom Stamas Zorn
Huizenga Nesbitt
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
Not Voting—0
In The Chair: President
The appointments were placed on the order of Messages from the Governor.
By unanimous consent the Senate proceeded to the order of
Messages from the Governor
Senator Lauwers moved that the Senate disapprove the following appointment:
Ferris State University Board of Trustees
Mr. Michael D. Ryan of 327 South Stewart Avenue, Big Rapids, Michigan 49307, county of Mecosta, succeeding Kari Sederberg who has resigned, appointed for a term commencing February 18, 2022 and expiring December 31, 2026.
The question being on the disapproval of the said appointment to office,
The Senate disapproved of the appointment to office, a majority of the members serving voting therefor, as follows:
Roll Call No. 118 Yeas—22
Barrett Johnson Outman Theis
Bizon LaSata Runestad VanderWall
Bumstead Lauwers Schmidt Victory
Daley MacDonald Shirkey Wozniak
Horn McBroom Stamas Zorn
Huizenga Nesbitt
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Excused—0
Not Voting—0
In The Chair: President
Protest
Senator Bayer, under her constitutional right of protest (Art. 4, Sec. 18), protested against the disapproval of the gubernatorial appointment of Michael Ryan.
Senator Bayer’s statement is as follows:
I was hoping for an opportunity to speak before the vote, but my colleague Dr. Michael Ryan has been a valued member of the Ferris State faculty and community for more than 40 years. He has been recognized with the James M. Davenport Memorial Outstanding Leadership and Advocacy Award. He is more than qualified to serve on the Ferris State University Board.
He has the education credentials, has his Ph.D. from the SUNY School of Medicine and has worked in education his entire adult life. He was a professor at Ferris from 1987 to his retirement in 2017. He knows Ferris. He knows the students and their needs—he knows the administration, their strengths and their weaknesses. He knows the challenges the university is facing—keeping costs affordable, strengthening relationships with Michigan community colleges and the K-12 schools, particularly in underserved, rural areas of Michigan. He knows about maintaining a diverse student body, including those with military experience—increasing enrollment, retention, graduation rates, and more; his goals as the board member in the document that we all had the opportunity to read—he wants to give back to the university that gave him decades of learning and happiness in his life. He plans to work on strengthening university relationships with community colleges and schools, particularly for those rural communities that we care about on that side of the state—increasing enrollment, retention, and graduation. He’s an integral part of the community that surrounds Ferris and would bring an important connection and support to that relationship.
It is more than disappointing to see someone so qualified and so motivated be rejected from this important position—it’s absurd. He is a qualified candidate. Disregarding all the work he has done for his academic and local community is not just wrong, it defeats what we are actually trying to accomplish—to provide the oversight and qualified, intelligent support to our critical educational institutions so that we can keep our schools a place where college students want to go—here, in Michigan—and where the staff wants to be there. There’s enough staff, they have the knowledge and capabilities to give students what they need to succeed. It’s just worse than disappointing; it’s just a dereliction of duty.
Senator Lauwers moved that the Senate disapprove the following appointment:
Western Michigan University Board of Trustees
Mr. Jon B. Hoadley of 2720
Parkview Avenue, Kalamazoo, Michigan 49008, county of Kalamazoo, succeeding Ron
Kitchens who has resigned, appointed for a term commencing February 18, 2022
and expiring December 31, 2024.
The question being on the disapproval of the said appointment to office,
The Senate disapproved of the appointment to office, a majority of the members serving voting therefor, as follows:
Roll Call No. 119 Yeas—20
Barrett Huizenga McBroom Shirkey
Bizon Johnson Nesbitt Theis
Bumstead LaSata Outman Victory
Daley Lauwers Runestad Wozniak
Horn MacDonald Schmidt Zorn
Nays—18
Alexander Chang McCann Santana
Ananich Geiss McMorrow Stamas
Bayer Hertel Moss VanderWall
Brinks Hollier Polehanki Wojno
Bullock Irwin
Excused—0
Not Voting—0
In The Chair: President
Protests
Senators Moss and McCann moved that the statements they made during the discussion of the appointment be printed as their reasons for voting “no.”
The motion prevailed.
What a shame, and I hope all of you feel this because I know that Jon has reached out to so many of you to have discussions about this appointment. What a shame. He’s qualified, served with us in the Legislature, served as a member of the Higher Education Appropriations Subcommittee all six years during his time in the Michigan House—totally familiar with the unique challenges and opportunities of our higher education institutions, especially Western Michigan and what they face in the current legislative and economic environment, committed to using his skills to best serve WSU. That would have been in his opening statement, but you didn’t hold a hearing.
So why are we rejecting him? I don’t know. These decisions were not made in public as they should have been during committee. These were not vetted. If you had questions for him, there was a process to ask those questions. Challenge him, have him explain things that might concern you. Instead, the processes of the Senate have been totally perverted. Decisions made in back-rooms instead of right here, to the public and to this nominee. So all I’m able to gather is rumors and innuendo about why we are rejecting Jon Hoadley from the Western Michigan Board on which he currently serves and will be putting up a vote for his rejection.
He’s a student there. There is a law that is 50 years old that says board members can vote on contracts; it’s not a conflict of interest if they are a student. There’s an opinion from the Attorney General that’s 30 years old that says a student can serve on the university board; couldn’t be that. Heard it was a vote that he took when we served in the House. Another former member of the Legislature took the same vote, was appointed by the Governor to serve on a university board, you didn’t reject that opinion—or you didn’t reject that nomination.
I’d be remiss if I didn’t bring up the fact that this is the second appointee of the Governor to a university board of an openly gay person who is being rejected. Two now, back-to-back. Last year you rejected Jason Morgan from Northern Michigan, now you’re putting up a vote to reject Jon Hoadley. The most comprehensive policy proposal from the Republican Party over the last several weeks and months, the most fleshed out, core value of the Republican Party is preventing LGBTQ people from fully participating in our educational institutions—certainly not as students to be able to live authentically and express themselves, or school sports athletes from serving on the teams that they wish to play on. Not as teachers being able to forcefully and accurately teach and support their students, and apparently now not as board members of universities.
Yesterday, this body was subjected to an invocation that basically affirmed that. Saying that there are forces here that desire things for our students, what their parents would not want to have them see or hear or know. And now we are enacting that into policy by not allowing people from our community to have a voice. We deserve to have a voice wherever decisions about us are being made. That’s why I’m here. It’s incredibly frustrating—it’s incredibly frustrating—you have not given us any good reason to reject this appointment of a qualified nominee. This is shameful—this is absolutely shameful.
Senator McCann’s statement, in which Senator Santana concurred, is as follows:
I speak today in support of my constituent, Jon Hoadley, who has been already appointed by the Governor to the Western Michigan University Board of Trustees, and already begun serving. Representative Hoadley as you know served recently six years in the House from Kalamazoo working alongside with many of you who are now in this chamber. And it was my pleasure as the Senator from Kalamazoo to work with him on issues facing our community and state during his last term.
I’ve known Jon since he came to Kalamazoo in 2009 to work on the One Kalamazoo campaign to implement a human rights ordinance that protected LGBTQ Kalamazoo residents from discrimination. Jon stood out immediately as bright, hardworking, passionate, a person of high character. He has continued to demonstrate those qualities in every step of his professional and personal life. Contributing to our community in countless ways and being a model citizen and respected community leader. I know Jon has roots in Kalamazoo and southwest Michigan and that he knows the needs and priorities of Western Michigan University as an institution, as well as of its faculty and student community members who live and work in my district.
Despite all this, we are here today considering his rejection from appointment to the board with him not even having had the benefit of a hearing at Advice and Consent, and for other supposed reasons that appear to be a very thin premise at best. Colleagues, I have to wonder would we even be scrutinizing the merits of this appointment in this case if it were a person who did not have the profile of Representative Hoadley? Is this possibly a purely partisan rejection?
Mr. President, I am a proud Bronco who wants the very best for my alma mater and have known many WMU trustees over many decades. Jon is up to this job, he would be an excellent addition to the board and wants the very best for the institution. He is capable, qualified, and willing to serve his state and this university in this volunteer capacity. And for this body to reject him would be truly unfortunate. Colleagues, I urge you to do the right thing today and support this sound and appropriate appointment.
The motion prevailed.
Senator Hertel’s statement is as follows:
You know, there are two things, one which is lacking in this body on a regular basis now, and the other which we have plenty of supply of, not only in this body but in politics in general. The one we are lacking is courage and the one we seem to have a whole lot of is hypocrisy. I’m glad that someone finally got up and gave, I guess, two reasons that have been completely refuted for why these people were rejected. That being said, there is no actual legal reason not to appoint a student so that can’t possibly be the reason and just because someone has expressed a different opinion doesn’t seem like a reason not to appoint them as well.
The advice and consent process historically has been about one thing—qualifications—not about a person’s position. You wouldn’t know if these people are qualified because you didn’t even take the time to spend time with them and to actually have a hearing. I’d also say courage is lacking because many of you know Jon. Many of you have worked with Jon. Many of you have talked to Jon and expressed your support for him in this process. At the end of the day when we serve in these bodies, when we serve, we don’t have anything other than our word. That’s it. The only thing we have is who we are and what our word says, and if you can’t actually keep your word, then you have no worth in this body. At the end of the day, the only thing we have to each other is what we say to each other and keeping our promises. Courage would be to actually get up and say why you’re really doing this. I hope that somebody in this body would be willing to stand up and say what those reasons are.
Beyond that, the hypocrisy. The Good Book talks about those without sin casting the first stone, about removing the plank from your own eye before you try to remove the plank from someone else’s. There are lots of planks on the other side of the aisle and the idea that you would be rejecting qualified people for simply expressing their opinions or by being a student or because of who they are and then living as who they are, publicly, to reject a former colleague of this body when you refuse to police your own caucus, it’s shameful.
At the end of the day, again, all we have is our word and who we are. All we have is to not be a hypocrite and I would suggest to you that before you remove someone else, before you reject somebody else, that you would at least take some actions on your own caucus first.
The motion prevailed.
Senator Nesbitt’s statement is as follows:
Mr. President, I do not take the Senate’s authority to disapprove appointments lightly, but I do believe it is necessary in these two cases. I believe our Governor exercised poor judgement in appointing these individuals to the governing bodies of two of our state universities. One is a current student at the school, raising serious conflict-of-interest concerns and the other has a long history of a combative relationship with the very board that they wish to serve on.
Mr. President, university boards are responsible for managing multi-million dollar budgets, setting tuitions, and ensuring a quality of education for thousands of Michigan students. Surely our Governor could have identified individuals more qualified for these important positions; in fact, just in recent years she has displayed better judgement with appointments to these very boards and to universities.
So, it is with some measure of regret that I encourage a vote to disapprove of both of these nominations.
By unanimous consent the Senate proceeded to the order of
Resolutions
The Assistant President pro tempore, Senator Theis, assumed the Chair.
Senator Zorn offered the following resolution:
Senate Resolution No. 126.
A resolution to recognize May 13, 2022, as Falun Dafa Day.
Whereas, On May 13, 2022, we congratulate Falun Dafa as they mark their 30th anniversary of practice and guidance; and
Whereas, Falun Gong, also called Falun Dafa, is a peaceful spiritual practice rooted in traditional Chinese culture. It consists of meditation, four gentle sets of exercises, and a moral philosophy centered on the values of truthfulness, compassion, and tolerance which practitioners take as a guide to their daily lives; and
Whereas, Since 1992, over 100 million people worldwide have become healthier, happier, and more altruistic through their practice of Falun Dafa; and
Whereas, Engrained in ancient Chinese spiritual tradition, Falun Dafa was first taught publicly in China in 1992. It spread quickly through word of mouth as tens of millions of Chinese citizens found greater health and spiritual well-being through the practice; and
Whereas, Although Falun Gong has been persecuted for many years in China by the Chinese Communist Party, Falun Dafa has been able to thrive and grow in places like the United States that appreciate their beliefs, practices, and recognize them and their rightful place in society; and
Whereas, Today, Falun Gong is practiced in over 80 countries worldwide by people of all ages and backgrounds. It is always taught free of charge by volunteers and can be practiced individually or in groups; and
Whereas, Falun Dafa practitioners across Michigan dedicate countless hours to their communities in organization free meditation classes and participate in numerous community events; and
Whereas, Practitioners are also actively working to bring about a peaceful resolution to the persecution of Falun Gong in China and to improve the future of the world’s most populous country; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize May 13, 2022, as Falun Dafa Day.
Senator Lauwers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Horn and Moss introduced
Senate Bill No. 1006, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 548.
The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.
Senators Moss and Horn introduced
Senate Bill No. 1007, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 12521 and 12526 (MCL 333.12521 and 333.12526), section 12521 as amended by 2004 PA 408, and by adding section 12526a.
The bill was read a first and second time by title and referred to the Committee on Economic and Small Business Development.
Senators Irwin, Polehanki and Schmidt introduced
Senate Bill No. 1008, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 266a and 676 (MCL 206.266a and 206.676), as added by 2020 PA 343.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Hertel, McCann, Bumstead, Irwin, Bullock, Hollier, Wojno, Chang, Huizenga and Schmidt introduced
Senate Bill No. 1009, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2092) by adding section 108.
The bill was read a first and second time by title and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1846 RS 14, entitled “Of county officers,” by amending section 77 (MCL 51.77), as amended by 1982 PA 313.
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 Appropriations.
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1201 (MCL 436.2201).
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 Appropriations.
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2016 PA 292.
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 Appropriations.
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2020 PA 382.
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 Appropriations.
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1705.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education and Career Readiness.
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2018 PA 315.
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 Health Policy and Human Services.
Statements
The motion prevailed.
Senator Hertel’s statement is as follows:
This morning I introduced Senate Bill No. 1009 which honors the lives of two exemplary men in my community—Davyon Rose and Nick Sada. One of the most basic things we can do as a government is honor those who died in service to all of us. On November 7, 2020, Davyon and Nick, while working on our roads in Ypsilanti, were tragically killed by a drunk driver. To their families—to Diana Rose-Stitt, Karlton Stitt, and their daughter Rosie; and to Nick’s father Nick, stepmother Dolores, and mother Nikki—I am so fortunate to have gotten to know your boys through you. It has been a privilege to know your family and the least we can do is to honor those who were lost.
Both men were graduates of Everett High School right here in Lansing and were known by all for their welcoming demeanors, sharp wits, and love of sports. Following graduation, Davyon bravely enlisted in the United States Army where he served as a sergeant, E Company, 1st Battalion, 509th Airborne Infantry Regiment, for four years. After receiving his high school diploma, Nick’s first postgraduate position was with HR Auto Sales where he quickly earned a reputation as a hard-working, gracious, and efficient team member. Davyon and Nick crossed paths again as they pursued careers in road construction. The pair worked alongside each other in helping build and preserve the infrastructure of our state.
Shortly after their untimely deaths, Davyon and Nick’s families took the grief—and I think this is what we do with grief is so important—they took that grief that could have made them bury themselves inside and used that grief instead to do two things, to bring about awareness of safety for construction workers on sites, so to actually go and spend time lobbying to try to protect others even though their families were not properly protected; and also to try and bring justice for their sons. We owe them a debt of gratitude, as well as we owe their sons.
Though Davyon and Nick were taken from us nearly two years ago, the commitment and love of their family and our community should be made evidence by this memorial and I ask for quick passage of Senate Bill No. 1009. The only thing we owe those who gave their lives in service to us is to be remembered and to protect those who should have been protected in the first place. God bless your families. God bless you Nick and Davyon. I ask for your support of this bill.
Senator Hollier’s statement is as follows:
Yesterday I watched another
unarmed Black man murdered while in police custody. It hurt so much, I literally
couldn’t continue working. I couldn’t focus on the conversations I was having
as I kept running through the experiences, watching the different angles of the
execution. I know there are people who will say execution is a dramatization,
but Merriam-Webster defines the word as, “putting to death especially as a
legal penalty.”
Patrick Lyoya is dead today because the license plate didn’t match the car he was driving and when confronted by the police, he failed to comply with the instructions he was given and ran in fear. None of those actions have a penalty equivalent to death. The results are what matters. Patrick is dead, and his children will grow up without a father. I can’t say why this death hit me so hard but it did. When I got home last night, I went to my son’s room and just stared, looking down at him. For all of you who have young kids, nothing—nothing—is scarier than the thought of losing them and the moments you have with them, and honestly you never mess with a sleeping kid but last night I didn’t care. I just needed to see that he was OK. Then I realized that I wasn’t worried about whether or not he was OK; I was grateful that I came home. I was trying to figure out when the right age to have a conversation with him about how to survive an interaction with the police is. I was worried that I wasn’t going to make it home and just grateful that I did last night.
Every time I saw a police officer, every time I saw a trooper on my drive home last night, I had to pause. I tapped the brake, I had these moments, No, you can’t tap the brake, that’s— I was going through an experience that people have to deal with and I was just hoping that I would raise him in a world where he wouldn’t have to—where I wouldn’t have to have that conversation with him about how to interact with the police. Like so many of the people in this room never have to do with their sons and daughters, but I know I do. Patrick’s kids will never see him again alive. All I want to do is raise my son and daughter that way, in a world where this is not their reality, where the conversations they have to have with their parents are about different things, but that’s not the world we live in. It’s not the world we’re making, it’s not the world we’re creating.
But ultimately, I guess the thing I want most is to be around to have those hard conversations, and Patrick won’t be. Over the past 15 years, the past 20 years, the past 30 years, the past 60 years, elected officials like myself, like us, have talked about police reform, have talked about the changes we need to have, what we are or aren’t going to do, to say things like a routine traffic stop shouldn’t cost you your life, but it did and it will and it will continue to happen. As one of only two members of the Legislature under 40, it hit differently yesterday—two Black men under 40—it hit differently yesterday because the average age of people who are murdered by the police is 34, 36. It just means something differently when we talk about this space. I wish I could say that I’m optimistic we’re going to get some reform done, but Congress hasn’t, this body hasn’t, and no one has for the past 60 years. Coleman Young, when he ran for mayor, was fighting about the same issues. I just wanted you to know what it meant for me because last night I was crying in my kitchen. I was just at home crying in my kitchen and fighting tears back in this moment because I have no idea when the next person is going to die and we have to learn their name, when the next moment is going to happen where we have to stand and talk, when that next thing is going to drop because it will because we haven’t changed anything.
I hope that will change. I hope you think about it. I hope it means something to you the way it does to me because everyone at home, everyone in my community, everyone I know tells me to be safe every time I leave because they know it might be the last time they see me.
Senator Geiss’ statement is as follows:
You know, we do all these BS bills in this place about police but we never do any that actually matter. Yet again, a Black man—Patrick Lyoya—is dead, murdered at the hands of those who are supposed to protect and serve us. Spare me the victim-blaming that some are immediately going to pivot to. Michigan is the oldest state to never have had the death penalty, and the punishment for a misdemeanor traffic stop is not murder. This body has passed nearly a dozen police bills over the years, yet those bills have done nothing. We have an allegedly-bipartisan police reform bill package that languishes in committee. I am so sick and tired of this crap. We are tired.
Our brother from the 2nd Senate District said we have to teach our kids how to survive a police interaction. Let that sink in—not how to handle an interaction, not what to do in case you’re stopped, in case you’re pulled over—how to survive. We need justice and accountability and actual reform for de-escalation so that yet another Black person isn’t murdered, another entire community isn’t traumatized, and another family isn’t mourning a family member because of these senseless, reckless interactions.
We need justice and accountability now and it’s time for this body to fix it.
Senator Ananich’s statement is as follows:
It is clear that the majority
feels there are two classes of people in this chamber. One class where we
reject a fully-qualified public servant, who happens to be gay, from an
important appointment for this state. As was previously mentioned, that’s
actually the second time this has happened in this chamber in the last three
years. It’s also a class where the police killing of a Black man is met with
silence, and some instances scorn from the other side.
And, there’s another class where you can be convicted of battery for inappropriately touching a nurse at your local urgent care and there are zero consequences. You can still keep your title, your staff, and your position as a chair of an important committee. I’ve given you enough time to do the right thing, but today we wait no longer. I am introducing a resolution to censure the Senator from the 19th District for his disreputable and dishonorable behavior bringing—
Thank you and I ask that my remarks be printed in the Journal, and I welcome your co-sponsorship.
Announcements of Printing and Enrollment
House Bill Nos. 5569 5732 5772 5773 5777 5875
The Secretary announced that the following bills and resolution were printed and filed on Wednesday, April 13, and are available on the Michigan Legislature website:
Senate Bill No. 1005
Senate Resolution No. 125
House Bill Nos. 6010 6011 6012 6013 6014
COMMITTEE ATTENDANCE REPORT
The Committee on Oversight submitted the following:
Joint meeting held on Wednesday, April 13, 2022, at 3:00 p.m., Room 519, 5th Floor, Anderson House Office Building
Present: Senators McBroom (C), Theis, Bizon, Wozniak, Irwin and Chang
Judiciary and Public Safety – Tuesday, April 19, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-5312
Senator LaSata moved that the Senate adjourn.
The motion prevailed, the time being 11:35 a.m.
The Assistant President pro tempore, Senator Theis, declared the Senate adjourned until Tuesday, April 19, 2022, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate