No. 36

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Thursday, April 30, 2020.

 

10:00 a.m.

 

 

The Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist II.

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

Alexander用resent Horn用resent Outman用resent

Ananich用resent Irwin用resent Polehanki用resent

Barrett用resent Johnson用resent Runestad用resent

Bayer用resent LaSata用resent Santana用resent

Bizon用resent Lauwers用resent Schmidt用resent

Brinks用resent Lucido用resent Shirkey用resent

Bullock用resent MacDonald用resent Stamas用resent

Bumstead用resent MacGregor用resent Theis用resent

Chang用resent McBroom用resent VanderWall用resent

Daley用resent McCann用resent Victory用resent

Geiss用resent McMorrow用resent Wojno用resent

Hertel用resent Moss用resent Zorn用resent

Hollier用resent Nesbitt用resent


 

Senator Curtis VanderWall of the 35th District offered the following invocation:

Father, we come to You today to ask that You give Your blessing to this chamber. We ask that You are with us, You guide us, and You give us clear direction.

We ask that You are with our leaders謡e think especially now our Governor, our Majority Leader, and our Speaker. We ask that You are with them, and that they can talk freely and do the work of the people. We ask that You are with this chamber, that we listen, that we use Your words to guide us on what we should do for the state, what we should do to make it better, make it a place where we can raise a family, make it a place where we can have jobs and the opportunity to own a business. We pray for our President. We pray for his staff. We pray for those who lead in Washington. We ask that You give them direction also.

We think now of those who have lost loved ones, those who are battling illness. We ask that You are with us, that we can surround them. We ask that Your healing hand is placed upon them. We continue to pray for those who are just struggling on 展hat do I do with my business? What do I do with my employees? How do I help this person who is struggling with mental illness? How do I reach out to my parent, my family member? We ask that You are with everybody as they do Your work. We pray now that as we get ready to start this day, that You are with us. We ask that You help us keep our attitudes straight and our minds clear. We ask that You just bless this day.

I do want to finish my prayer today with one of my favorite Scriptures猶hilippians 4:6欄Do not be anxious about anything, but in everything by prayer and supplication with thanksgiving let your requests be made known to God.

I pray now that You bless this 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

 

 

Senator McMorrow moved that Senators Chang, Ananich, Geiss, Bayer, Hollier and Santana be temporarily excused from today痴 session.

The motion prevailed.

 

Senator MacGregor moved that rule 3.901 be suspended to allow filming and photographs to be taken from the Senate Gallery.

The motion prevailed, a majority of the members serving voting therefor.

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess until 12:30 p.m.

The motion prevailed, the time being 10:05 a.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Nesbitt.

 

During the recess, Senators Santana, Ananich and Bayer entered the Senate Chamber.

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 12:31 p.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Gilchrist.

 

During the recess, Senators Chang and Geiss entered the Senate Chamber.

The following communications were received:

Office of Senator Lana Theis

April 30, 2020

Please add my name as a cosponsor to SCR #25.

 

April 30, 2020

Please add my name as co-sponsor to SB 857 and SB 858.

 

April 30, 2020

Please add my name as a co-sponsor for SR 114.

Lana Theis

The communications were referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Jon Bumstead

April 30, 2020

Please add my name as a cosponsor to Senate Bills 857 and 858.

Thank you.

Jon Bumstead

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Dale W. Zorn

April 30, 2020

Please add my name as co-sponsor to Senate Bills 857 and 858.

Thank you.

Dale W. Zorn

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Roger Victory

April 30, 2020

Please add my name for co-sponsorship to bill 857 and 858.

Roger Victory

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Rick Outman

April 30, 2020

Please add my name as cosponsor to Senate Bill 857 & 858.

Rick Outman

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator John Bizon, M.D.

April 30, 2020

Please add me as co-sponsor to SB 858. Thank you.

John Bizon

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Office of Senator Peter MacGregor

April 30, 2020

Please accept this writing as my request to be added as a sponsor to Senate Bill Number 858. Thank you.

Sincerely,

Peter MacGregor

Michigan Senate 28th District

The communication was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Victory introduced

Senate Bill No. 900, entitled

A bill to amend 1967 PA 281, entitled 的ncome tax act of 1967, by amending section 30 (MCL 206.30), as amended by 2020 PA 65.

The bill was read a first and second time by title and referred to the Committee on Finance.

 

 

Senator Stamas introduced

Senate Bill No. 901, entitled

A bill to amend 1893 PA 206, entitled 典he general property tax act, by amending section 78g (MCL 211.78g), as amended by 2020 PA 33, and by adding section 78t.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator Moss introduced

Senate Bill No. 902, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, (MCL 257.1 to 257.923) by adding section 307c.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator Moss introduced

Senate Bill No. 903, entitled

A bill to amend 1972 PA 222, entitled 鄭n 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, (MCL 28.291 to 28.300) by adding section 2a.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator Moss introduced

Senate Bill No. 904, entitled

A bill to amend 2008 PA 23, entitled 摘nhanced driver license and enhanced official state personal identification card act, (MCL 28.301 to 28.308) by adding section 5a.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

Senator Hollier entered the Senate Chamber.

 

 

Senators Santana, Brinks, Moss, Bayer, Geiss, Polehanki, McMorrow, Bullock, Chang, Wojno, Ananich and Hollier introduced

Senate Bill No. 905, entitled

A bill to amend 1905 PA 80, entitled 鄭n act to authorize and empower certain state departments, and the board of control, board of trustees or governing board of certain state institutions, or the governing body of a municipal corporation, to make, prescribe and enforce rules and regulations for the care, order and preservation of buildings or property dedicated and appropriated to the public use and the conduct of those coming upon the property thereof; to prescribe penalties for a violation thereof and to repeal all acts or parts of acts inconsistent with the provisions of this act, (MCL 19.141 to 19.145) by amending the title and by adding section 2a.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senators Hertel, Chang, Geiss, Alexander, Bayer, Polehanki, McMorrow, Ananich, Brinks, Moss and Bullock introduced

Senate Bill No. 906, entitled

A bill to amend 1969 PA 317, entitled 展orker痴 disability compensation act of 1969, by amending section 405 (MCL 418.405), as amended by 2014 PA 515.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

House Bill No. 5704, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 20191 (MCL 333.20191), as amended by 2010 PA 119.

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 Government Operations.

 

By unanimous consent the Senate returned to the order of

Messages from the Governor

 

 

The following message from the Governor was received on April 29, 2020, and read:

 

EXECUTIVE ORDER

No. 2020-64

 

Affirming anti-discrimination policies and requiring certain health care

providers to develop equitable access to care protocols

 

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.

On March 10, 2020, the Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4. This order declared a state of emergency across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL 10.31 et seq.

In the three weeks that followed, the virus spread across Michigan, bringing deaths in the hundreds, confirmed cases in the thousands, and deep disruption to this state痴 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.

The Emergency Management Act vests the governor with broad powers and duties to 田op[e] with dangers to this state or the people of this state presented by a disaster or emergency, which the governor may implement through 兎xecutive orders, proclamations, and directives having the force and effect of law. MCL 30.403(1)-(2). Similarly, the Emergency Powers of the Governor Act of 1945 provides that, after declaring a state of emergency, 鍍he 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).

The measures put in place by my executive orders have been effective in slowing the spread of COVID‑19, but this virus is both aggressive and persistent: as of April 28, 2020, Michigan has reported 39,262 confirmed cases of COVID-19 and 3,567 deaths from it. Despite our efforts, the virus has the potential to overwhelm health care system capacity and require providers to make challenging decisions regarding how care is delivered.

Michigan has one of the finest health care systems in the country, and our medical professionals are performing heroically under trying circumstances. Our hospitals already consult with medical ethicists to make decisions that respect civil rights and uphold the essential duties of medicine in moments when demand for critical medical resources exceeds supply. Nevertheless, the unprecedented challenges posed by this pandemic have created a heightened need for clear, transparent protocols based on a common understanding of core values, including equitable access to care. I therefore find it reasonable and necessary to affirm anti-discrimination policies and establish procedures that ensure the equitable allocation of medical resources.

Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. It is the public policy of this state that no person should be denied medical care on the basis of stereotypes, assessments of quality of life, or judgments about a person痴 relative 努orth, including judgments about a person痴 worth based on the presence or absence of disabilities.

2. Health care providers shall take all necessary steps to ensure non-discrimination based on the characteristics described in section 4(a) in the delivery of critical care and allocation of other medical resources to those in need of treatment for physical and psychiatric illnesses.

3. Health care providers shall continue to support individuals functional needs to the fullest extent possible. For purposes of this order, 吐unctional needs includes the needs for independence, communication, transportation, supervision, and medical care. When effective communication requires that a sign language interpreter be present, a sign language interpreter must be permitted to be present, and provided with appropriate PPE.

4. Designated health care facilities shall develop protocols that guide decision-making for medical care in cases where demand for critical medical resources exceeds availability, during the COVID-19 pandemic. Such protocols must enable clinical decision-making based on the best available objective medical evidence, including an individualized assessment of how each patient will respond to treatment. These protocols must also:

(a) Prohibit medical decision-making based on social stigma or stereotypes regarding age, color, criminal history, disability, ethnicity, familial status, gender identity, height, homelessness, immigration status, incarceration status, marital status, mental illness, national origin, poverty, race, religion, sex, sexual orientation, socio-economic status, substance abuse disorder, use of government

resources, veteran status, or weight.

(b) Provide for coordinating and sharing information with DHHS regarding resource availability and transfer availability.

(c) Ensure that withholding or delaying care due to lack of critical resources is always a last resort.

(d) Require the protocols to be available upon request, and, whenever the protocols are in effect, posted on the internet.

5. For purposes of this order, a 電esignated health care facility means a hospital or an entity used as surge capacity by one or more hospitals.

6. DHHS may issue orders and directives to implement this order.

7. This order is effective immediately and continues until the end of the declared states of emergency and disaster.

Given under my hand and the Great Seal of the State of Michigan.

 

Date: April 29, 2020

Time: 5:00 p.m.

Gretchen Whitmer

[SEAL] Governor

 

By the Governor:

Jocelyn Benson

Secretary of State

The executive order was referred to the Committee on Government Operations.

 

 

Recess

 

 

Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 1:34 p.m.

 

5:50 p.m.

 

The Senate was called to order by the President, Lieutenant Governor Gilchrist.

 

By unanimous consent the Senate proceeded to the order of

Messages from the House

 

 

Senate Bill No. 858, entitled

A bill to amend 1976 PA 390, entitled 摘mergency management act, by amending section 3 (MCL 30.403), as amended by 2002 PA 132.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator MacGregor moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 135 Yeas22

 

 

Barrett LaSata Nesbitt Stamas

Bizon Lauwers Outman Theis

Bumstead Lucido Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn MacGregor Shirkey Zorn

Johnson McBroom

 

 

Nays16

 

 

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

 

 

Excused0

 

 

Not Voting0

 

 

In The Chair: President

 

 

Senator MacGregor moved that the bill be given immediate effect.

On which motion Senator MacGregor requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The motion did not prevail, 2/3 of the members not voting therefor, as follows:

 

 

Roll Call No. 136 Yeas22

 

 

Barrett LaSata Nesbitt Stamas

Bizon Lauwers Outman Theis

Bumstead Lucido Runestad VanderWall

Daley MacDonald Schmidt Victory

Horn MacGregor Shirkey Zorn

Johnson McBroom

 

 

Nays16

 

 

Alexander Bullock Hollier Moss

Ananich Chang Irwin Polehanki

Bayer Geiss McCann Santana

Brinks Hertel McMorrow Wojno

Excused0

 

 

Not Voting0

 

 

In The Chair: President

 

 

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Protests

 

 

Senators Ananich, Bayer, Santana, Moss, McMorrow, Brinks, Bullock, Wojno, Geiss, Chang, Alexander, McCann, Hollier and Irwin, under their constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to Senate Bill No. 858.

Senators Ananich, Hollier, Irwin, Bayer and McMorrow moved that the statements they made during the discussion of the substitute be printed as their reasons for voting 渡o.

The motion prevailed.

Senator Ananich痴 statement, in which Senators Bayer, Santana, Moss, McMorrow, Brinks, Bullock, Wojno, Geiss, Chang, Alexander and McCann concurred, is as follows:

I致e never seen a bill quite like this one. It痴 hard to list all the unconstitutional provisions, but I値l try.

The majority took a simple, single-section bill that did one thing, and morphed it into a monstrosity that attempts to hold 28 executive orders within it. They adopted those orders by reference when our Constitution requires each bill specifically restate the language of the law and the changes to it. Then, they amend the very orders that they just incorporated by reference.

Along the way, the original purpose of the bill was removed, something else our Founders would object to. Our Founders wanted the citizens to have five days in each chamber for the consideration of each change, and made several provisions in the Constitution to provide that notice to the citizens. They didn稚 want this to happen謡here a simple bill becomes what they call a vehicle bill to hold almost the entirety of the COVID-19 response in it.

Perhaps even more concerning is what this bill means in practice遥our bosses wouldn稚 even have to provide personal protective equipment to protect you, and since you can be required to go back to work, you will basically be forced to work without protection.

I壇 like everyone to recall the long-ago month of March, when people were working together, before politics entered into the equation, when the Speaker said the Governor was in the best position to help us through this. To say the Legislature doesn稚 have input is false. We are constantly telling the Governor what to do. But unfortunately what this bill shows is not an effort to help or consult. It痴 to take over, and that痴 not going to happen.

If we really want to help protect the health of our people, we have a chance to do that. Instead, we池e forcing people back to work without any assurance of PPE. I believe we can do better than that.

 

Senator Hollier痴 statement, in which Senator Geiss concurred, is as follows:

This bill came out of our chamber with one goal葉o decrease the number of days the Governor could declare an emergency from 28 to 14. Now the House has returned this bill, gone back to the 28 days, which I appreciate, but has tried to amend via reference 27 executive orders, something that is unheard of in this chamber. This bill is being done because the Legislature does not have the nimbleness necessary to follow the Constitution or the longstanding rules about amendments by reference in order to be able to respond in a crisis.

There is no question that we are in an emergency. The city of Detroit alone has 9,038 confirmed cases and 1,036 deaths. There is no question whether or not an emergency exists or whether it should be expanded today. Almost a quarter of the state痴 total cases are from Detroit with just about a third of all deaths. And yes, that means that Detroit has been hit hard. It also says that Detroit is one of the few communities in this state that has any significant testing. I wish I could say it was adequate because nowhere in this country do we have adequate testing.

Continuing the disaster declaration should not be political or controversial. It痴 a simple matter of listening to facts. Here are the facts to date. There are 1.26 million people who have applied for unemployment to this point, not to mention the thousands still attempting to get processed. The Unemployment Insurance Agency has disbursed more than $2.8 billion to Michigan residents. That includes 400,000 who have applied for the pandemic unemployment assistance. They池e 1099, gig workers, self-employed, and low-income wage earners. Essential workers and first responders have shown increased infection rates of this deadly virus. Food banks are overtaxed. Even essential industries can稚 keep employees coming to work to do these jobs because of the danger. The economy is not going to open up again tomorrow because we want it to. People have to feel safe and have to actually be safe, which requires personal protective equipment.

This bill fails to extend the Governor痴 order and will pass on partisan lines. To my colleagues who have pushed for a regional approach, why don稚 you tell only your residents that they don稚 need expanded unemployment coverage? Why don稚 you tell only your residents that they need not seek emergency crop loans? Why not tell your local communities that there is no emergency and that the local health departments can handle this pandemic? Why not tell your hospitals that the state痴 PPE stores are unavailable to them because there is no emergency, and therefore they do not need them? Why not tell your first responders that they don稚 need the additional support available to them from FEMA during a disaster? Why not tell your communities they are safe and don稚 need to wear a mask? Why not tell your local schools to open back up? Why not tell residents that there is no reason to worry? Why not tell them that they need state testing resources because things are normal?

Because that痴 not the reality in southeast Michigan, it痴 not the reality in Detroit, and it痴 not the reality in the state of Michigan where we have 41,379 cases with 3,789 deaths. This bill should extend the emergency declaration to protect Michigan residents, not appease protesters and anti-vaccinators who believe that COVID-19 is a product of the liberal media and not a pandemic raging through our state.

Last week we were called into an emergency session under emergency rules of this chamber to pass this legislation because the majority felt like it was so critically important to decrease the number of days that the Governor had to declare an emergency, and here we are in an emergency saying no, no need to continue on. Let痴 just go back to normal. Today we are talking about opening Michigan back; saying 塗ey, just go back to normal is what痴 being asked of us to do, because you can稚 amend executive orders by reference. You can稚 do what any of this is happening. This is just a political stunt. This bill is unacceptable and unconstitutional. We cannot demand things of the Governor. We cannot tell her through our intent that this is what we want to do when we are not given the constitutional authority to do so. Last week, there was all the discussions about tyranny and co-equal branches of government. The Legislature is responsible for doing a few things用assing legislation, providing oversight, and managing the budget. That痴 not what we池e doing here. Today the Legislature is overreaching and that痴 unacceptable.

Let痴 do the legislative work that involves committees that are designed to take testimony, to negotiate, to talk, and to work through these issues, because that痴 what you do. Not through talking points or vague extensions. But, you got some of the things you wanted. You can now do all the cold-weather, leafy greens and root vegetables because, you know, we池e in Zone 5; or for my Yoopers who are in Zone 4, coming in right after Mother痴 Day, it値l be good to grow. But right now, we池e still getting plenty of frost. The restrictions on golf courses have been lifted because February and March are apparently prime golf seasons. I get it. everyone is frustrated and wants to see cranes in the air and construction continuing, and those changes were adopted. Negotiations happened. We were heard; you were heard. But, we値l be back again here Tuesday, Wednesday, and Thursday spreading unnecessary exposure to do things that don稚 need to be done because the real work that needs to be done is obviously not happening in this chamber.

But there are no counties in this state that are not experiencing an emergency溶ot one. Not according to any medical professionals who we should be listening to. The people who should be leading the decision on how we open up and what is required are people who are, again, medical professionals. ICU beds are critically-important infrastructure. This discussion, and we致e talked and talked and talked about the infrastructure necessary to have them, but none of that is covered here. None of those things are being affected.

I ask you to vote 渡o on this. I ask you to think about the impact of these decisions and to extend the Governor痴 emergency declaration. That痴 what we need to be doing.

 

Senator Irwin痴 statement is as follows:

I知 going to be brief because there is little I can add to the excellent speeches that the prior members gave.

This is an unconstitutional piece of political tripe and I think you all know about the subject-object clause. I think you all know that you can稚 just sub in a whole bunch of different content without actually explaining it in the bill. I think you know that, but of course we池e here for the politics, not the policy.

I don稚 want to go on too long but I do want to point out a couple of especially weak parts about this piece of legislation. One is, as was mentioned earlier, one of the things you池e doing here is you池e trying to pull forward a number of these executive orders and codify them temporarily, which is a bizarre approach in the first place. This is why we have emergency declarations. This is why we have a Governor.

But I壇 like to point out that you didn稚, of course, continue all of the executive orders. There痴 a number of them that you left out. I think the ones you left out tip the hand as to the strategy and the goals of the majority in this case. One of the executive orders that you didn稚 continue was the executive order creating the Racial Disparities Task Force. I don稚 understand what the majority痴 problem is with the racial majority task force, but I think that work needs to go on.

Another one of the executive orders that the majority saw fit to not include was the small wage increase for direct care workers I spoke about last week. These are people providing critical care to our elderly and our disabled citizens. They池e doing it at great risk to themselves and their families for almost nothing. The Governor offered them a small heroes pay increase, and now you池e trying to take it away.

Finally, if you look on page 4, section (c), a slap in the face to every one of the employees here in the state of Michigan. You池e calling for personal protective equipment to be available but it痴 really only necessary if it痴 subject to the availability of that equipment. So, I suppose if employers don稚 want to or if they can稚 find the proper equipment at Speedway, it痴 ok to force those employees back to work, and if they don稚 want to go back to work, it痴 ok to take their unemployment pay away from them, their families, and their children.

That痴 what this does. Hopefully the courts will look at it like I do.

 

Senator Bayer痴 statement is as follows:

Mr. President, I rise today to give my 渡o vote explanation to try to get back to the purpose of this part of the agenda.

We are supposed to be here working to support and protect the families and residents of this state, and instead we池e making noise, just for publicity purposes.

Instead of letting our Governor do her job, the majority party is doing everything they can to strip her of her legal powers. In case you didn稚 have a chance to read what the 1945 Emergency Powers Act says, it says this: 泥uring times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state迫and yes, a global pandemic does fit that description during this time

 

the governor may proclaim a state of emergency and designate the area involved. After making the proclamation or declaration, 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.

 

Our entire state傭oth peninsulas擁s the affected area. Mr. President, our Governor is doing her job as described by law in our Constitution. She is working diligently to protect our lives and has proven her capability to do that. She is working with medical experts, public health experts, workforce development experts, using data to make rational, science-based decisions.

And some of you know that I am a data scientist. I have spent most of my life working with data, science, and logic to make rational decisions. This is not about belief. I am appalled at the lack of rationality here葉he lack of logic預nd even truly a lack of compassion in these actions and in this bill. It痴 not based on data, but based on politics.

Mr. President I deeply hope the majority party will examine their motives, do the right thing, and vote 渡o.

 

Senator McMorrow痴 statement is as follows:

Similarly, I had not planned on speaking, however I壇 like to provide my 渡o vote explanation on this bill because I don稚 believe it痴 the right solution.

I have heard many of my colleagues say that we are coequal branches of this government and we need to be a part of this conversation, and I have been the most vocal advocate for exactly that. More than a month ago I penned an op-ed that said in times of all states of emergency, we need to put contingency plans in place so that the Legislature can continue to meet remotely for session and committee meetings so that we can continue to have that conversation; so that we can continue to work on the budget and craft legislation, because there is nothing during a state of emergency that prevents us from doing any of that work.

If there痴 a better solution, drop a bill. But there has been no interest from some of my colleagues in taking that up, so I introduced a joint resolution a couple of sessions ago to allow for that; to allow that in any declared state of emergency謡hether it is this pandemic, another polar vortex, anything that physically prevents us from being in this building葉hat we can continue to serve our constituents no matter what.

But that was immediately referred to Government Operations and I highly doubt it will be taken up. So unless we are serious about putting plans in place to always be there for the constituents that we serve, it just feels like political grandstanding.

 

 

Senators Theis, McBroom and Horn asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Theis statement is as follows:

I agree with my colleagues謡e are in an urgent situation. No one here is saying that COVID isn稚 dangerous. And I am very grateful that they池e mentioning the Constitution. I agree, the Constitution is something we need to consider. Our Founding Fathers set us on a course of action hundreds of years ago. Article IV, Section 4 of the U.S. Constitution requires a republican form of government熔ne that understands the balance of powers between the executive, legislative, and judicial, not just when times are good; not just when the Governor wants to let us. Frankly, it doesn稚 add stipulations like that. The United States 都hall guarantee to every State in this Union a Republican Form of Government. Not a monarchy, not a dictatorship, not ruled by an executive, but a true separation of powers.

I致e listed to our Governor state again and again how she痴 not giving up any of her power. I hope the citizens of Michigan realize what she痴 really saying. She痴 saying she is refusing to listen to them, her citizens. She痴 saying she痴 will not listen to their voices during this time of crisis because she knows better for them than they do what痴 good for them. We are their voices. We agree that there is an urgent need for immediate action from the legislative voices here. We agree on this legislation謡e need to take care of it. We池e taking care of it with this legislation. With immediate effect the people of Michigan who are made vulnerable by this crisis and will be protected by these executive orders葉he ones that are good幼an continue to have that protection with this legislation.

So I知 asking for your support on this legislation, and I知 asking for immediate effect.

 

Senator McBroom痴 statement is as follows:

You know I represent an area of the state that is bigger than five other states in the country. I find myself really, pretty convinced that if the tables were turned today, and the Upper Peninsula was suffering from this epidemic to the extent that my good colleagues who致e spoken earlier are experiencing where they are representing, and their area was going through what the U.P. is going through right now, you guys would have burned the bridge down already. You would have told us, 添ou know what Ed, get that statehood resolution out here. We need a divorce. We need to get rid of the U.P., because we can稚 be held back by your problems. One of the speakers earlier said this emergency is everywhere. I have five counties that don稚 have a single case. I have hospitals that are not going to make it, and are sitting there empty, getting the slow roll.

I致e come down here the last two weeks after spending the previous six weeks attempting to do my job, as the un-official constituents relationship person for the administration and find my input is not welcome, is not utilized, and while a plan comes out this week that says, 滴ey we値l probably do some regionalization, it is a little hard to take when not a single person from the Upper Peninsula was on that study group. Not a doctor, not a business owner, not a citizen, not a farmer, they didn稚 even invite a wolf to be on the thing. So, excuse me for coming here and saying, you know what, I致e been holding my hand out for weeks, I致e got citizens who are desperate, I have citizens who are literally watching their life痴 work be devastated while they watch family members suffering, while they watch beloved employees commit suicide. They watch their families being broken up and then being denied the opportunity to go out on the lake, or go to their camp that they drive by because it痴 actually closer to their essential work than their home is. They are frustrated. They want a voice.

We need to move forward with recognizing the diversity of the state. We need to move forward in a transitional type method. I have supported the Governor痴 actions in the beginning of this, and many of them to this point still, but where is the recognition of the distinct differences? Where is the aggressive approach that says, 典his area needs to, and can, move forward? My hospitals are begging for that. Give us the opportunity to manage this. We can monitor, we can watch, we can walk back if we need to. My counties are begging for the opportunity to take some initiative. We are failing to even attempt to document the deaths that are occurring around this area, around this state, that are happening because hospitals and doctors are discouraging people from coming in, trying to help them to avoid exposure. We池e not keeping track of that. The Upper Peninsula has had 20 to 25 deaths due to the flu. Meanwhile, we致e had 13 deaths due to COVID. I知 supporting this because we need to do something to move forward. We need to actively pursue a change, a transition toward what the state can become. I致e tried to get there through other means, and those means have been slapped back. So I will support this resolution and hope that we can continue to do better.

Senator Horn痴 statement is as follows:

I wasn稚 going to stand up to speak. For those Michiganders葉he people we serve謡ho truly believe that the Governor was acting with pure, nonpolitical motives through this crisis, they should know that on Thursday the Governor revealed her hand in her press conference.

I致e told you that we池e all in this together and I meant it. But the Governor has insulted, demeaned, and ignored this Legislature. She has demonstrated a hunger for power. In her campaign she promised she could work across the aisle because she was a former legislator. For a year-and-a-half, again and again, the peoples branch of government has been summarily dismissed. Now every executive order and extension of the emergency should be eyed with a new skepticism. After the spiteful vetoes of 2019, her use of the State Administrative Board and the double finger that she gave to this coequal branch, the Governor has a long way to go to regain the trust of the people.

Michigan deserves an explanation. Michigan deserves an apology. Michigan deserves a voice, and we are that voice.

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Bullock, Barrett, Nesbitt and Irwin asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Bullock痴 statement is as follows:

I just rise to speak about the spirit. Politics aside, the poli-tricks of the day, and last week, I had written this long statement and long thing about emotion, and about my view of hope. I was going to talk about the past month and the massive loss of life in my metro Detroit. And, as of Monday, I lost my 27th person who痴 passed away from the COVID-19 virus. This invisible threat has devastated my community, magnifying disparities of health care and the historical policies of racism. Yet, and still, I知 a hopeful person.

I believe in people and many people, thousands of people, have tested positive and gone home. Healthcare folks have done their due diligence, but I also stand on the three tenets that have gotten me to where I am today: Being physically fit, mentally awake, and morally straight, and how my imperfect path has led me to this chamber.

My village elder, William C. Gary, he is a person I emulate. Before he passed on, he instilled in me the measures to navigate the world of racism, insensitive offenses, and to hold myself with respect, manhood to continue to uplift the community and having courage to stand up for what痴 right.

I operate on a simple moral value system擁ntegrity, civility with dignity. In my short time here in Lansing though, there has been far too many unfortunate incidents of disrespect and insensitivity. But what痴 even more hurtful to my spirit is the overall acceptance condoning injustice of these transgressions without impunity or apology. Two of my colleagues spoke eloquently yesterday about the recent incident right here in this chamber. They spoke about the pain and傭lack people have PTSD and this is from a lot of things耀o no one wants to acknowledge or hold each other accountable or own up to the wrongs unless it痴 a political tactic used to leverage the other party or the Governor, but not when it痴 just about being human and decent.

Ironically, I was born on the Fourth of July. I hear everybody talking about these great documents, the Declaration of Independence and the Constitution, and say all these things about living the creed and living life in pursuit of happiness. The double irony is I was born in 1967 just days before the riots葉he civil unrest where there was no social justice預n era of racial disparity, due to the unwillingness to just simply treat people with respect, dignity, or fairness without judgement of their ebony hue.

I致e lived through all kinds of crises. I致e lived through just growing up in Detroit was a crisis. I致e lived in D.C. through 9/11 and the anthrax scares. I致e lived in Florida through multiple hurricanes佑harlie, Francis, Ivan, Gene, Rita, and Wilma. And during these disasters, folks take to partisanship to play politics with peoples lives. And nothing good has come from it in any of those scenarios. There is a difference in doing things right than doing the right thing. So, I want to just leave the chamber with another poem that I have lived my life by. This is not to any one particular person or party. This is for both chambers to hear, the world to hear as you publish this; but this is from my good brother Langston Hughes.

 

I壇 rather see a sermon than to hear one any day.

I壇 rather one walk with me than just to show the way.

The eye is a better pupil and more willing than the ear.

Advice may be misleading but examples are always clear.

And the very best of teachers are the ones who live their

creed,

For to see good put into action is what everybody needs.

I can soon learn to do it if you let me see it done.

I can watch your hand in motion but your tongue too fast

may run

And the lectures you deliver may be very fine and true

But I壇 rather get my lesson by observing what you do.

For I may misunderstand you and the fine advice you give

But there痴 no misunderstanding how you act and how

you live.

 

So, for me to remain hopeful傭ecause I have high expectations of this chamber預nd where respect and accountability and diplomacy are crucial to all and to hope. I believe in people, and I need to believe in this chamber. That there is some humor, there is some humanity, and a sense of morality, a moral understanding that we as a body are working not just for equality but equity and the greater good on behalf of every resident in the great state of Michigan. Help me fulfill that obligation and I知 gone.

 

Senator Barrett痴 statement is as follows:

You know, it痴 interesting. My colleague that just spoke before me said that he was born on the Fourth of July. I was actually born today. Today痴 my birthday. I turn 39 years old and I never thought, in the 39 years that I致e walked this world, that I壇 have to defend the rights of individuals, our constitutional liberties, and the separation of powers between branches of government here in this country, in this state, and here in this legislative institution. I never in my life thought that would take place.

You know, when we die預nd all of us will eventually I guarantee you of that預t our funerals, they池e going to talk about the things in our life, not about what was essential but I guarantee you each and every person there will remember the non-essentials. The moments we shared together, not the social distancing, but the interpersonal closeness and the bonds that connect us to one another, that will be what we are remembered by. That is the measurement of our life. Not the essentials.

Today, I知 disappointed that we would jeopardize the economic security of so many families for political gamesmanship. I absolutely recognize that we池e not going to agree on the specifics of the different branches of government, the roles and responsibilities in responding to this crisis that we池e facing; but I want to remind my colleagues of something: there are rules of engagement that civilized societies have adopted and agreed to, even in times of war. I値l sum it up to you with a few simple words. We don稚 target innocent bystanders. You can take your frustration, your anger, your political retaliation, and take that out against us. We signed up to be here. I did, you did, all of us in this room signed up to take on this job and be here and confront the issues. But don稚 hurt the innocent bystanders. They didn稚 sign up for this hardship. They didn稚 sign up to have their livelihoods robbed of them. They didn稚 sign up for your criticism in the games to be played. I did. So, you can yell at me and you can take your aggression out on me, but don稚 take it out on them.

By withholding this vote for immediate effect, we have put their economic security at risk and the continuation of their unemployment benefits that they are going to desperately rely on. Your opposition to the bill is noted. Your 渡o vote explanations were heard. But to withhold immediate effect neuters their economic security, and I知 really disappointed by that.

 

Senator Nesbitt痴 statement is as follows:

There is no doubt that we are in a public health crisis that痴 inflicting serious harm to our economy and the financial well-being of people throughout our state. I have heard from constituents謡e all have謡ho致e had serious health issues escalate because the Governor痴 banned important non-emergency medical care. Constituents have told me heart-wrenching stories about being unable to receive responses from the Unemployment Insurance Agency, and the stress that causes, to them and their families. Seniors have shared being on the verge of homelessness because their lease was running out, and unlike in other states, the Governor was preventing the completion of their homes. One small business owner who would be considered essential in another state, was banned from operating here in Michigan. So they池e having difficulties even meeting the needs of their own families, providing food on their table and paying for critical medications for their child.

These are all real stories that I致e heard just in the last few days from my constituents. Yes, these are difficult times, but the most effective and responsible path is for all of us, including the Governor, to work together to defeat this virus, sustain vulnerable citizens, and rebuild our lives and our economy.

In the Senate, we have attempted to provide input and partner with the Governor, but Governor Whitmer has been unwilling to cooperate or listen. At the federal level, President Trump, the U.S. House with a Democratic majority, and the U.S. Senate with a Republican majority have worked together to pass consequential laws in the midst of this crisis. However, here in Michigan, the executive has made it clear that she must be totally 100 percent in charge, and that anyone who believes that she should consider the ideas and perspectives of others are just playing political games. The arrogance is shameful and beneath the dignity of the office of Governor.

As we have sadly learned, one-person decision-making is not the most effective model of governing. The Governor has made critical errors that could have been avoided, such as forgetting for four weeks to apply for federal assistance to bring more personal protective equipment and testing capabilities to our state. The Governor failed to give her Unemployment Insurance Agency Director a heads-up about her orders, and failed to direct enough resources to help people applying for unemployment benefits, people that she forced out of work. The list of mistakes that have hurt the lives of the citizens of Michigan goes on and on, and what is most heart-breaking is many of these terrible mistakes could have been avoided if she was willing to work as a partner and listen to duly-elected representatives of the Michigan citizens.

Since the Governor refuses to negotiate, very plain yesterday in what she said, the Senate and House today passed legislation that will help our state through this crisis. Specifically, the legislation presented to the Governor for her signature will protect first responders and health-care workers as they work in this crisis, protecting them from unnecessary liabilities and lawsuits, continue common sense actions including property tax and income tax flexibility, preserving water services public safety enhancements, longer-term access to medications and other regulatory relief measures, allow medical procedures and construction to resume, just like our neighboring states, whether they池e Democratic or Republican governors, and not grant additional emergency powers because this law provides state government the tools to combat this health, financial, and economic crisis that we池e facing.

If the Governor vetoes this legislation we passed today, it痴 simply because she wants 100 percent control over all the decisions of our state, rather than going through the regular constitutional process that would refine and improve these actions. The people deserve a state government that works collaboratively and effectively to make the best decisions during this once-in-a-lifetime pandemic.

 

Senator Irwin痴 statement is as follows:

I rise to offer a couple of comments about the moment that we池e in here because I heard a lot of high-minded talk about the U.S. Constitution and our fundamental rights. You know, those of you who had the obligation and responsibility to serve with me for many years know that I love talking about the Constitution and our fundamental rights. In fact it痴 one of the things that often I find myself connecting with my conservative colleagues on.

I do want to let you know that all these concepts耀eparation of powers, and fundamental rights, and doing what the Governor is doing now does not make us no longer a republic葉hese types of considerations have been looked at by the Supreme Court in the past. This is not the first pandemic this nation has faced. This is not the first public health crisis we致e faced. These questions have been looked at by the Supreme Court. Has anyone here in this chamber read any of the Supreme Court decisions documenting exactly how far the government痴 power extends in these circumstances and how those boundaries are determined? Some of us have, I suspect. But of course, what I really wanted to say is that this legislation that we debated today, Senate Bill No. 858, is not going to be upheld or not upheld based on some sort of federal constitutional basis. And I would also say that the resolutions that we池e going to take up in a moment are not going to be battled on a federal constitutional basis. These are going to be decided on state laws. You know why? Because this Legislature葉his Legislature that you are trying to stick up for now用assed a couple of laws. We passed a law in the 1970s預n emergency manager act. We passed a law in the 1940s預n emergency manager act預nd this Legislature, this Senate in fact in its infinite wisdom decided many, many years ago that in a situation like this擁n a public health crisis; in a genuine emergency謡e need to give the Governor the power to act swiftly and to act decisively, something that this Legislature has shown time and time again that it is not capable of doing.

I also want to mention that I made an error when I was talking about Senate Bill No. 858. I said that it was going to have a hard time in the courts. Of course that痴 not true; that was an error. Senate Bill No. 858 is not going to go to the courts. And it痴 also the same reason why it痴 not important whether or not we gave it immediate effect. The Governor is not signing a bill taking away the Governor痴 authority. It痴 as simple as that. It痴 a political exercise.

By unanimous consent the Senate returned to the order of

Resolutions

 

 

Senator MacGregor moved that the Senate proceed to consideration of the following resolution:

Senate Resolution No. 114

The motion prevailed.

 

 

Senators Stamas, Outman, Bumstead, LaSata, Victory, Barrett, Horn, Bizon, Theis, Johnson, Runestad and VanderWall offered the following resolution:

Senate Resolution No. 114.

A resolution authorizing the Senate Majority Leader to commence legal action on behalf of the Senate challenging the Governor痴 authority and actions during the COVID-19 pandemic.

Whereas, On March 10, 2020, Governor Whitmer issued Executive Order 2020-4 declaring a state of emergency across the state of Michigan to address the COVID-19 pandemic; and

Whereas, On April 1, 2020, Governor Whitmer issued Executive Order 2020-33 to replace Executive Order 2020-4 and expanded the initial March 10, 2020, order to include a state of disaster related to the COVID‑19 pandemic; and

Whereas, On April 7, 2020, the Legislature adopted Senate Concurrent Resolution No. 24 of 2020 to extend the state of emergency and state of disaster declared by Governor Whitmer in Executive Order 2020-4 and Executive Order 2020-33 through April 30, 2020; and

Whereas, Without an additional legislative extension, Governor Whitmer has a statutory obligation, pursuant to MCL 30.403, to 妬ssue an executive order or proclamation declaring the states of emergency and disaster terminated on May 1, 2020; and

Whereas, Any attempt by Governor Whitmer to unilaterally extend the states of emergency and disaster past April 30, 2020, without legislative approval would be contrary to both law and Michigan痴 constitutional system; and

Whereas, Members of the Michigan Senate must defend the Legislature痴 role as the sole lawmaking body and as a co-equal branch of government in Michigan痴 constitutional system; now, therefore, be it

Resolved by the Senate, That the Senate Majority Leader, in his official capacity, is authorized to commence legal action on behalf of the Senate, challenging the authority and actions of the Governor, and the executive branch generally, taken during the COVID-19 pandemic and take all necessary steps incidental thereto, including, but not limited to, pursuing or defending any appeals.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator MacGregor moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The resolution was adopted.

Senator MacGregor was named co-sponsor of the resolution.

 

 

Protests

 

 

Senators Ananich, Irwin, McMorrow, Brinks, Hertel, Moss, Wojno, Hollier, Santana, Geiss, Alexander, Bayer and Bullock, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Resolution No. 114.

Senators Ananich, Irwin, and Hertel moved that the statements they made during the discussion of the resolution be printed as their reasons for voting 渡o.

The motion prevailed.

Senator Ananich痴 statement is as follows:

Quite often if you look and listen you hear the true intent of what is going on often.

A good friend and colleague from the 32nd District, I think, articulates exactly the intent of this resolution. It has nothing to do with a lot of the high and mighty talk that has been going on. It has everything to do with politics and perceived slights that go back all the way to the budget. The budget that悠 would remind folks謡as not negotiated to the Governor. It was put on her desk and he brought up the actions that brought them displeasure.

I have to say in the middle of a global pandemic, are we that petty? Is our ego that fragile that we can稚 find ways to sit down and reason as men and women across the aisle and find solutions that this is our only avenue.

I disagree with the majority of what my good friend from southwest Michigan said. But, I will say there are a number of things we can work on together. Availability of testing so that we can open up our state in an appropriate in a safe way, making sure that all workers and business owners have PPE, not if it痴 available, but guarantee it, so that we protect every single worker in this state before they go back to work.

Work in a collaborative way to solve our problems. I ask that we do that instead of what we are doing here today.

 

Senator Irwin痴 statement, in which Senators McMorrow and Brinks concurred, is as follows:

This resolution today is a resolution to commence legal action on behalf of the Senate challenging the authority and actions of our Governor and the executive branch generally taken during the COVID-19 pandemic. I am going to oppose this resolution for a number of reasons. Once, as I stated earlier, I think that they claims made in the Whereas clauses about constitutional violations are not founded in the document and really don稚 stand up to any, we値l say, strict scrutiny.

What I want to point out is that as this Senate is debating a resolution to commence legal action, which means hire expensive lawyers, we are on the precipice羊eally maybe we are in the middle of falling off of預 budget cliff. In a few weeks we are going to have a consensus revenue estimating conference and the news is not going to be good. We all know that we池e going to have to right size this budget to the situation at hand and it痴 going to be very, very dangerous. And at the same time as this Senate is talking about spending precious dollars on expensive lawyers for a political legal fight, Mitch McConnell in the U.S. Senate is saying he痴 not so interested in the blue-state bailout. He doesn稚 care about states like Michigan that have been hit hard by COVID-19. He痴 talking about not providing federal funds to help make sure that we can keep our healthcare workers, our teachers, and our police officers paid and on the street. He壇 rather spend money bailing out Carnival cruises that doesn稚 even dock here in America, airlines that spent all of their coin on stock buybacks揺e値l throw billions at them傭ut when the people of Michigan need a little bit of help to make sure that we can have schools open, police officers on the street, garbage collectors picking up the garbage熔ur cities need help. Our state employees are facing a disaster, and here we are talking about hiring a bunch of fancy lawyers to advance a political cause. It痴 disappointing, I oppose it, and I wouldn稚 be saying any of this悠 would not for a second say that you shouldn稚 stand up for your views and spend a whole bunch of public money doing it擁f you were coming forward in the previous weeks, or even here today and saying, 斗et痴 get together; let痴 talk about how we can provide PPE to these employees; let痴 talk about how we can provide testing; let痴 talk about how we can help the Governor get these unemployment checks into peoples hands; let痴 talk about contact tracing or small business help. No, you池e here talking about suing the Governor, hiring fancy lawyers rather than getting to work, rolling up your sleeves, helping the people of Michigan.

 

Senator Hertel痴 statement, in which Senators Moss, Wojno, Hollier, Santana, Geiss, Alexander, Bayer and Bullock concurred, is as follows:

You know, colleagues, I love a good case of irony. And one of our previous speakers got up here and talked about, well, if we didn稚 give immediate effect to an obviously unconstitutional bill, that all these terrible consequences would happen, because these orders that Governor did to protect people would go away. That痴 if we didn稚 codify them into law.

And literally 20 minutes later, you池e going to vote to sue the Governor to end all of those powers. All the powers that expanded unemployment, all the powers that are protecting first responders. You池e going to make that vote literally in minutes, after sanctimoniously getting up and saying that the other side of the aisle did the same thing. It痴 a beautiful, beautiful sense of irony.

You know, I appreciate those that come down to give their opinion. I have no problem with people protesting this body at all. I respect the First Amendment, and their rights to do so. But I can tell you one thing悠 wouldn稚 look them in the eye and tell them that I知 going do something, and lie to them. Pretending that this is ever謡e all know that there is a zero percent chance that any of this is anything other than a political show. I know that because literally, we致e offered an extension just yesterday. This is not anywhere near about any of the things that we池e pretending it痴 about, it痴 about some theater. It痴 sound and fury signifying nothing. This will accomplish nothing. Neither will a lawsuit擁t will be a waste of a ton of taxpayer money傭ut it will accomplish nothing.

But please, don稚 get up here and tell me that you池e for all these things in the executive orders, and ask to have power to sue the Governor to end them. That makes absolutely no logical sense, and anyone in the state can look through that.

Senators Stamas asked and was granted unanimous consent to make a statement and moved that the statement he made be printed in the Journal.

The motion prevailed.

Senator Stamas statement is as follows:

The Legislature is the peoples most direct representation in state government. Yet, the Governor continues to dismiss and ignore this equal branch. This isn稚 a political problem. It痴 a democratic problem.

The Governor has repeatedly chosen absolute power over working together with the people痴 representatives. The Governor believes she can unilaterally grab total power over every Michigan family and hold onto that power for as long as she wants. Her actions amount to asking the Legislature to bow down, forget our oath of office, and to go home. There are places with systems of government like that; but Michigan is not one of them.

In Michigan, the people have a voice and protecting their voice and protecting their lives are not mutually exclusive. Let me say that again. They are not mutually exclusive. Unfortunately, the Governor has decided to go it alone once again and the citizens of Michigan deserve better. This resolution authorizes the Senate to bring legal action if the Governor attempts to extend her emergency powers without legislative approval. Not only is the law clear that the state of emergency declaration needs legislative approval to extend, the Governor has publicly acknowledged as such twice by asking for the extension. Why have us come and travel to the Capitol and vote on an extension if she doesn稚 need it. The answer痴 clear. She needs the Legislature痴 approval of an extension if she decides to act without it.

These actions are illegal and the Legislature痴 role should be confirmed by the court. We池e all facing uncertain and stressful times. My hope is that our Governor will work with us to responsibly and effectively end this health crisis, and this resolution will not be necessary. In case that doesn稚 happen, I ask my colleagues to stand up for their rights and their constituents and the families of Michigan in support of this resolution.

 

 

Senator MacGregor moved that the Senate proceed to consideration of the following resolution:

Senate Resolution No. 110

The motion prevailed.

 

 

Senator Lauwers offered the following resolution:

Senate Resolution No. 110.

A resolution to recognize April 2020 as Financial Literacy Month.

Whereas, The informed use of credit and other financial products and services benefits individual consumers and promotes economic growth; and

Whereas, Learning financial literacy skills at an early age encourages greater economic self-sufficiency, higher levels of successful homeownership, and enhanced retirement security, particularly among low and moderate income citizens; and

Whereas, Quality personal financial education and a strong understanding of financial literacy is essential to ensure that individuals are prepared to manage money, credit, debt, and become responsible workers, heads of households, investors, entrepreneurs, business leaders, and citizens; and

Whereas, A greater understanding of, and familiarity with, financial markets and institutions will lead to increased economic activity and growth; and

Whereas, According to the 2019 Consumer Financial Literacy Survey report by the National Foundation for Credit Counseling, a majority of adults in the United States have credit card debt that carried over from month to month and only an approximated 42 percent of adults in the United States maintain a budget; and

Whereas, During times of both strong and poor economic conditions, personal financial education and money management skills are crucial to ensure that all Michiganders, and especially our young people, are prepared to manage credit; and

Whereas, According to the report titled, 摘conomic Well-Being of U.S. Households by the Board of Governors of the Federal Reserve System, 40 percent of adults in the United States cannot cover an expense of $400; and

Whereas, According to the report of the Board of Governors of the Federal Reserve, for the fourth quarter of 2019 outstanding household debt in the United States reached $14,150,000,000,000 and outstanding student loan balances have more than doubled in the last decade to approximately $1,500,000,000,000; and

Whereas, The young people of our state represent Michigan痴 single greatest resource who, in the years ahead, will assume leadership positions and responsibility for advancement of our society; and

Whereas, According to the 2020 Council for Economic Education痴 report titled, 鉄urvey of the States: Economic and Personal Finance Education in Our Nation痴 Schools only 25 states require students to take an economic course as a high school graduation requirement, and only 21 States require students to take a personal finance course as a high school graduation requirement, either independently or as part of an economic course; and

Whereas, According to the Gallup-HOPE Index, only 57 percent of students in the United States have money in an account at a chartered financial institution; and

Whereas, Expanding access to the mainstream financial system will provide individuals with less expensive and more secure options for managing finances and building wealth; and

Whereas, According to the Consumer Financial Literacy Survey Final Report of the National Foundation for Credit Counseling, 41 percent of adults living in the United States gave themselves a grade of C, D, or F on their knowledge of personal finance; and

Whereas, Both federal chartered banks and the state of Michigan understand that an educated consumer is the best consumer and that financially savvy customers will use and get the most from banking services and products throughout their lives; and

Whereas, Financial Literacy Month highlights the commitment of Michigan banks to strengthen the financial knowledge of our youth and to prepare them for a fiscally-responsible future; now, therefore, be it

Resolved by Senate, That the members of this legislative body recognize April 2020 as Financial Literacy Month; and be it further

Resolved, That we encourage raising public awareness about the importance of personal financial education in Michigan and the rest of the United States to help address the serious problems that are associated with a lack of understanding about personal finances; and be it further

Resolved, That we call on every parent, school, business, financial institution, community organization, and unit of government to observe this month with appropriate programs and activities.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator MacGregor moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The resolution was adopted.

Senators Polehanki and Geiss were named co-sponsors of the resolution.

 

 

Senate Concurrent Resolution No. 24.

A concurrent resolution to approve an extension to the state of emergency and state of disaster declared across the State of Michigan to address the COVID-19 pandemic.

(For text of resolution, see Senate Journal No. 31, p. 480.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

By unanimous consent the Senate returned to the order of

Statements

 

 

Senator Shirkey asked and was granted unanimous consent to make a statement and moved that the statement he made be printed in the Journal.

The motion prevailed.

Senator Shirkey痴 statement is as follows:

After a long week, and a long day, I知 rather humored by the waxing-on righteous indignation from some of my colleagues on the other side of the aisle. Regrettably, their comments fall deaf in the spirit of logic and sensibility, due to a repeated hypocrisy. To address this glaring credibility gap, I wait anxiously for even the most slightest critique of a growing, arms-length list of breathtaking ambiguities and absurdities, evidenced in virtually all of our Governor痴 executive orders. Not to mention that we have to ask Senators to daily check the FAQs, also known as the 溺other May I敗, before struggling to go about their lives.

But Mr. President, that痴 really not the statement I want to make. It痴 just something I felt was on my heart.

Over the past several weeks, we致e watched our world and our state cope with an unprecedented threat. COVID-19 has brought the threat of infection but has also brought unimaginable heartbreak and loss for our families. We have seen everyday workers become everyday heroes as they work to ensure we have access to food and medical care, parents and children have adapted to working and learning from home, and loved ones have been forced to die alone to protect their families from the threat of this virus. We have all come to the realization that life is different, and likely to remain different, for some time.

We致e also learned that there is to be a balance between life in lockdown and life in the presence of COVID-19. We can no longer allow one person to make decisions for 10 million people. Many weeks ago, our Governor acted quickly at the onset of COVID-19 with a one-size-fits-all heavy-handed emergency order. Michigan citizens adapted quickly and stayed home to protect themselves and their loved ones. And I supported that order. Our citizens have coped with loss and learned how to safely live and function in the presence of COVID-19.

But now, the Legislature must make a choice葉o allow our Governor to continue to govern by executive order, or to trust our constituents to take the necessary precautions to protect themselves and their families without the Governor mandating a one-size-fits-all stay-at-home order.

Now citizens count on a government structure of checks and balances. The Legislature is the voice of the people, and we must have a seat at the table to ensure that the concerns of our constituents are considered as a key part of every decision-making process. This end of the Governor痴 emergency declaration means we return to a system of checks and balances that ensures that all voices are heard. It also means that the Legislature must vote to ensure continuity of other necessary changes made via executive orders.

The Senate today has passed legislation to require safe practices for all businesses in public places; the same legislation will preserve the vast majority of executive orders necessary to continue changes to programs like unemployment, distance learning for schools, and to ensure that we provide immunity for health care workers as they continue to do their brave work. And just now, the Senate has authorized filing a lawsuit against our Governor. If she does not recognize the end of the emergency declaration, we have no other choice but to act on behalf of our constituents. The Senate offered to work with the Governor to reach a compromise on the stay-at-home, stay-safe order. She didn稚 even acknowledge that an offer was offered, and then when she did, it was rejected in a very underhanded, unprofessional shameless way.

So now, the Michigan Senate, along with our partners in the House, will begin our work to responsibly lead our state from governance by executive order back to government where all the voices are heard and considered.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, April 30:

House Bill No. 5709

 

The Secretary announced that the following bills were printed and filed on Wednesday, April 29, and are available on the Michigan Legislature website:

Senate Bill Nos. 898 899

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Joint Select Committee on the COVID-19 Pandemic (HCR 20) submitted the following:

Meeting held on Wednesday, April 29, 2020, at 9:30 a.m., Room 352, House Appropriations Room, Capitol Building

Present: Senators Nesbitt, LaSata, Schmidt, Hertel and Hollier

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 7:04 p.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Tuesday, May 5, 2020, at 10:00 a.m.

 

 

MARGARET O達RIEN

Secretary of the Senate