No. 52

STATE OF MICHIGAN

Journal of the Senate

100th Legislature

REGULAR SESSION OF 2020

 

 

 

 

 

Senate Chamber, Lansing, Thursday, June 11, 2020.

 

10:00 a.m.

 

 

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

 

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

 

 

Alexander—present                             Horn—present                                 Outman—present

Ananich—present                                Irwin—present                                 Polehanki—present

Barrett—present                                  Johnson—present                             Runestad—present

Bayer—present                                    LaSata—present                              Santana—present

Bizon—present                                    Lauwers—present                            Schmidt—present

Brinks—present                                   Lucido—present                              Shirkey—present

Bullock—present                                 MacDonald—present                       Stamas—present

Bumstead—present                              MacGregor—present                        Theis—present

Chang—present                                   McBroom—present                          VanderWall—present

Daley—present                                    McCann—present                            Victory—present

Geiss—present                                    McMorrow—present                        Wojno—present

Hertel—present                                   Moss—present                                 Zorn—present

Hollier—present                                  Nesbitt—present                             


 

Senator Tom Barrett of the 24th District offered the following invocation:

Lord, make me an instrument of Your peace. Where there is hatred, let me sow love. Where there is injury, pardon. Where there is doubt, faith. Where there is despair, hope. Where there is darkness, light. And where there is sadness, joy.

O divine Master, grant that I may not seek to be consoled as to console, to be understood as to understand, to be loved as to love, for it is in giving that we receive, it is in pardoning that we are pardoned, and it is in dying that we are borne to eternal life. Amen.

 

The President, Lieutenant Governor Gilchrist, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator MacGregor moved that Senator Schmidt be temporarily excused from today’s session.

The motion prevailed.

 

Senator Chang moved that Senators Geiss, Ananich and Hollier be temporarily excused from today’s 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.

 

 

The following communication was received:

Joint Committee on Administrative Rules

 

Waiver of Remaining Session Days

 

June 10, 2020

Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule sets:

 

JCAR No. 20-09

MOAHR No. 2019-067 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana Licenses

 

JCAR No. 20-10

MOAHR No. 2019-068 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana Licensees

 

JCAR No. 20-11

MOAHR No. 2019-069 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana Operations

 

JCAR No. 20-12

MOAHR No. 2019-070 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana Sampling and Testing

 

JCAR No. 20-13

MOAHR No. 2019-071 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana-Infused Products and Edible Marihuana Product

JCAR No. 20-14

MOAHR No. 2019-072 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana Sale or Transfer

 

JCAR No. 20-15

MOAHR No. 2019-073 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana Employees

 

JCAR No. 20-16

MOAHR No. 2019-074 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana Hearings

 

JCAR No. 20-17

MOAHR No. 2019-075 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Marihuana Disciplinary Proceedings

 

JCAR No. 20-18

MOAHR No. 2019-088 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Industrial Hemp Rules for Marihuana Businesses

 

JCAR No. 20-19

MOAHR No. 2019-123 LR

Department of Licensing and Regulatory Affairs, Marijuana Regulatory Agency

Medical Marihuana Facilities

According to MCL 24.245a(3), if the Committee waives the remaining session days, the Michigan Office of Administrative Hearings and Rules may immediately file the rule.

Sincerely,

Senator Peter Lucido                                                   Representative Matt Maddock

Chair                                                                          Alternate Chair

The communication was referred to the Secretary for record.

 

Senators Schmidt, Hollier and Santana entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senator Lucido introduced

Senate Bill No. 966, entitled

A bill to prohibit the expenditure of state and local funds on the settlement of certain claims and actions or on certain judgments; and to require public officials to reimburse public entities for certain expenditures of public funds.

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

 

 

Senators Johnson, Victory, MacDonald, Shirkey, Runestad, Santana, Chang, Bullock and VanderWall introduced

Senate Bill No. 967, entitled

A bill to require law enforcement agencies to regulate law enforcement officers’ failure to intervene during the use of excessive force; to enable law enforcement agencies to impose certain disciplinary actions in instances of law enforcement officers’ failure to intervene during the use of excessive force; to provide for the adoption of certain policies; and to prescribe powers and duties of certain state agencies and departments.

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

Senator Lucido introduced

Senate Bill No. 968, entitled

A bill to prohibit the application of pressure on the throat or windpipe of an individual by law enforcement officers.

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

 

 

House Bill No. 5137, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2016 PA 548.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 5138, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 549.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 5299, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter XI (MCL 771.1), as amended by 2019 PA 165.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 5627, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by repealing section 7415 (MCL 333.7415).

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 5657, entitled

A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,” by amending section 5 (MCL 800.285), as amended by 1982 PA 343.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 5658, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 29 of chapter VII (MCL 767.29), as amended by 1988 PA 90.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

By unanimous consent the Senate returned to the order of

Resolutions

 

 

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

Senate Resolution No. 123

Senate Resolution No. 124

The motion prevailed.

 

 

Senators Moss, Irwin, Santana, McMorrow, Polehanki, Bayer, Brinks, Hertel, Chang, Bullock, Alexander, Wojno, McCann, Geiss, Ananich and Hollier offered the following resolution:

Senate Resolution No. 123.

A resolution to recognize June 2020 as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month.

Whereas, LGBTQ pride began 50 years ago in 1970 with the one-year anniversary of the Stonewall Riots. In 1969, a black transgender woman named Marsha P. Johnson, along with other LGBTQ individuals, risked their lives to protest the over-policing of the LGBTQ community and the injustice that threatened their existence on a daily basis; and

Whereas, The LGBTQ movement has been marked by tragedy, especially the slow and insufficient government response to assist those with HIV/AIDS; and

Whereas, Michigan’s LGBTQ community is not currently protected from discrimination in housing, employment, or public accommodation; and

Whereas, The push to include sexual orientation, gender identity, and gender expression among the existing protected classes in the Elliott-Larsen Civil Rights Act has never been put up for a vote in the Michigan Legislature; and

Whereas, Michigan should expend all efforts to attract and retain talent, and amending the Elliott-Larsen Civil Rights Act would signal to the nation we are welcoming to those who wish to contribute to the economic vitality of our state; and

Whereas, Expanding the Elliott-Larsen Civil Rights Act would preserve the freedom, worth, and dignity of those in the LGBTQ community from people who seek to do them harm; and

Whereas, Everyone benefits from the multiple talents, viewpoints, and cultural backgrounds of all of its citizens; and

Whereas, We firmly believe in a society that values the freedom, worth, and dignity of each human being; and

Whereas, In 2015, the Supreme Court of the United States historically affirmed marriage equality nationwide in Obergefell v. Hodges; and

Whereas, The people of Michigan understand, appreciate, and value the cultural, civic, and economic contributions of LGBTQ communities to the greater community of the state, and affirm a celebration of love, living authentically, and accepting ourselves; and

Whereas, June is recognized and celebrated as LGBTQ Pride Month throughout the country and worldwide; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize June 2020 as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month.

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 question being on the adoption of the resolution,

Senator MacGregor moved that the resolution be referred to the Committee on Families, Seniors, and Veterans.

The motion prevailed

Senator Schmidt was named co-sponsor of the resolution.

 

Senator Ananich entered the Senate Chamber.

 

 

Senators Brinks, MacGregor, Moss, Hertel, Chang, Wojno, Polehanki, McMorrow, Santana, Bullock, Alexander, McCann, Geiss, Hollier, Bayer, Ananich and Irwin offered the following resolution:

Senate Resolution No. 124.

A resolution to memorialize the Congress of the United States to help the state of Michigan, schools, and local governments address revenue shortfalls during the COVID-19 Pandemic.

Whereas, The COVID-19 Pandemic has led to an unprecedented economic crisis in the United States. Governors across the country, including Michigan Governor Gretchen Whitmer, have ordered non-essential businesses and schools to temporarily close and mandated that residents do not leave their homes, except for specific essential activities, in order to limit the spread of COVID-19 and save lives; and

Whereas, The cost of preventing the spread of COVID-19 and protecting Michigan’s citizens has been a dramatic decline in state tax revenue. As businesses are shut down and residents are out of work, the projected revenue from income, sales, and other taxes has dropped precipitously. In Michigan, projected General Fund revenue has been reduced by $2 billion and projected School Aid Fund revenue has declined by $1.2 billion for Fiscal Year 2020. Even as businesses re-open and restrictions on movement are lifted, the economic fallout from fighting COVID-19 will remain. Significant budget holes are projected in Fiscal Year 2021; and

Whereas, Local governments and schools are also facing a dire fiscal situation. In addition to falling revenues from property, casino, and local income taxes, the fall in state revenue may necessitate severe cuts to state revenue sharing to local governments. Similarly, the substantial shortfall in School Aid Fund revenue may lead to similar cuts in state funding for local school districts; and

Whereas, While government revenues have declined, the costs of providing some critical public services has increased as a result of the Pandemic. About 14,000 “essential” state employees are eligible for extra pay on each paycheck during the crisis. Several municipalities have enacted hazard pay for employees who are working during the crisis. In Wayne County, sheriff’s deputies are receiving an additional $30 per day worked with additional hazard pay available for overtime shifts; and

Whereas, While Congress has already enacted some federal aid for states and local governments, its limited scope and restrictions will be insufficient to weather the effects of the Pandemic. Michigan is currently expected to receive about $3.8 billion from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, but the funds may only be used for expenses associated with the Pandemic. In addition, since the act only provides direct aid to local governments with a population exceeding 500,000, only a handful of Michigan’s nearly 2,000 local units of government will be eligible for direct payments from the federal government; and

Whereas, Increasing the flexibility states have when using CARES Act aid will help mitigate these dramatic cuts. Allowing states and local governments to use CARES Act funding for costs that are not directly associated with the Pandemic will help to address their projected revenue shortfalls. Providing flexibility will ensure aid is available to local governments that were left out of the CARES Act and further address state and local budget shortfalls; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to help the state of Michigan, schools, and local governments address revenue shortfalls during the COVID-19 Pandemic; and be it further

Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.

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 Schmidt, Barrett, Bizon, Bumstead, Daley, Horn, LaSata, Lauwers, Lucido, MacDonald, McBroom, Outman, Runestad, Shirkey, Stamas, Theis, VanderWall, Victory and Zorn were named co‑sponsors of the resolution.

 

 

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

The motion prevailed.

Senator Brinks’ statement is as follows:

I rise to speak about Senate Resolution No. 124, urging the United States Congress to allow flexibility in the allocation of CARES Act funding for the state of Michigan, its schools, and local governments to address revenue shortfalls that have been caused by the COVID-19 pandemic.

While Congress has already enacted some federal aid for states and federal governments, its limited scope and restrictions will be insufficient to help the state of Michigan. Local governments and schools face a dire fiscal situation. In addition to decreasing revenues from property, casino, and local income taxes, the fall in state revenue may necessitate severe cuts in state revenue sharing. Similarly, without more flexibility, the substantial shortfall in School Aid Fund revenue will lead to drastic cuts in state funding for local school districts. Because state law requires them to pass their budgets by the end of June, school districts are making incredibly tough decisions right now. They are calculating the cuts forced on them by a reduction in funding that could be as much as $700 per pupil, and it is devastating to our children’s education.

In many districts across the state, physical education, art, and music are on the chopping block and larger class sizes are simply unavoidable because of the number of teachers that would have to be laid off. School buildings will be closed. And that’s just the beginning. Every superintendent, principal, and school board is preparing to face their communities with the sobering realities of this budget, and they know they can’t possibly keep these cuts out of the classroom. All this is in the midst of a health crisis that necessitates the transformation of education in ways we have never imagined, that schools are not staffed for, that buildings are not designed for, and that will cost a lot more, not less.

Increasing the flexibility that states have when using the CARES Act dollars will help mitigate drastic cuts to the state budget, and in turn mitigate drastic cuts to our cities and municipalities and our school districts. Allowing state and local governments to use CARES Act funding for costs that are indirectly associated with the pandemic will help to address their projected revenue shortfalls.

Finally, I just want to draw your attention to the fact that this resolution was developed by me and the good Senator from the 28th District. It was drafted with the specific intent to enable the Michigan Senate to speak with one voice, in a bipartisan manner, to convey a message to our Congressmen and Congresswomen and to our two United States Senators about the importance of letting us—those who are closest to the realities and needs of our communities—decide the best use of the resources they have sent us. I hope that you will join me and my friend, the Senator from the 28th District, in sending a strong message today by co‑sponsoring this resolution. It is available on the system.

 

Senator Geiss entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

Messages from the House

 

 

Senate Bill No. 278, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 221 and 310 (MCL 257.221 and 257.310), section 221 as amended by 1998 PA 64 and section 310 as amended by 2018 PA 177.

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. 170                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

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

 

 

Senate Bill No. 279, entitled

A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305), as amended by 2018 PA 606.

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. 171                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

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

Senate Bill No. 940, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2018 PA 633.

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. 172                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

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

 

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

 

 

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

House Bill No. 5412

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 5412, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3476 (MCL 500.3476), as amended by 2017 PA 223.

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. 173                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5413, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 401k (MCL 550.1401k), as added by 2012 PA 214.

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. 174                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for the creation of and the powers and duties of certain nonprofit corporations for the purpose of receiving and administering funds for the public welfare; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 5414, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c and 100d (MCL 330.1100c and 330.1100d), section 100c as amended by 2016 PA 320 and section 100d as amended by 2015 PA 59.

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. 175                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 5415, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 105g.

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. 176                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 5416, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 105h.

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. 177                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4449, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as amended by 2014 PA 263.

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. 178                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

 

 

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”.

The Senate agreed to the full title.

 

 

The following joint resolution was read a third time:

Senate Joint Resolution G, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a person’s electronic data or electronic communication.

The question being on the adoption of the joint resolution,

The joint resolution was adopted, 2/3 of the members serving voting therefor, as follows:

 

 

Roll Call No. 179                                           Yeas—38

 

 

Alexander                          Geiss                       MacGregor                             Santana

Ananich                            Hertel                      McBroom                              Schmidt

Barrett                               Hollier                     McCann                                 Shirkey

Bayer                                Horn                        McMorrow                             Stamas

Bizon                                Irwin                       Moss                                     Theis

Brinks                               Johnson                   Nesbitt                                   VanderWall

Bullock                             LaSata                     Outman                                  Victory

Bumstead                          Lauwers                  Polehanki                               Wojno

Chang                                Lucido                     Runestad                                Zorn

Daley                                MacDonald                                                           

                                                                      Nays—0

 

 

                                                                   Excused—0

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the joint resolution.

 

 

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

The motion prevailed.

Senator Runestad’s statement is as follows:

Colleagues, today I rise to talk about a matter of great current importance. From medical advancements to the progression of the World Wide Web, to data collections, to our smartphones, there’s no doubt that a technical revolution has dramatically altered the way we live our lives. While our standard of living and communication ability continue to progress, one often overlooked side effect is our right to privacy. Even as new technologies are developed, every single day, Americans still believe their privacy should remain paramount. The failure of our laws to address this new reality is not only a threat to our liberties today, it is a threat to the future liberties of generations to come. Thankfully we can do something about it.

Senate Joint Resolution G is a constitutional amendment to clarify that our electronic papers and communications are secure from unreasonable search and seizure. I first introduced this resolution in the Michigan State House both in 2015 and 2017. In both cases the amendment passed with 107 votes. The Fourth Amendment to our Constitution declares:

 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

This language is mirrored in our Michigan State Constitution. Currently most of our papers are in electronic form but they are still no less sensitive. It’s time Michigan law protected this reality. Senate Joint Resolution G adds that electronic data and communications are also protected as personal property. Placing those words in our Michigan State Constitution ensures that the government must have a warrant before it can rifle through the intimate details of our personal lives. Today this resolution provides a safeguard, fixing the existing void in federal law.

This resolution provides clarity that regardless of the way a device is used or the information is stored, a search warrant is required to obtain access to our personal electronic communications. Other states have already protected the rights of their citizens’ privacies or are in the process of working on it as we speak. Voters in both Missouri and New Hampshire overwhelmingly approved identical privacy measures in recent years at their polls by margins of 75 and 82 percent, respectively. By all accounts, since these constitutional provisions were passed, they have proven to be very successful. Other states including Minnesota, West Virginia, and Wyoming are all in the process of working towards this same goal now.

In addition, this protection in Michigan is making us join the leaders when it comes to privacy protections. I want to offer all of my colleagues a heartfelt thanks for their support of this joint resolution. It is always encouraging to see members of both parties come together to solve a problem and make a difference for this state like we did last week in passing public safety reforms. Today we can do the same thing in asserting our Fourth Amendment privacy protections because in 2020 privacy still matters. The Fourth Amendment still matters. We don’t know what technological advances will come next, but one thing is for sure—that after 246 years to us Americans, our right to privacy still matters. Today I encourage all of my colleagues to join me in supporting Senate Joint Resolution G to protect the personal privacy rights of all Michiganders.

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator MacGregor moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Lauwers as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Gilchrist, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4389, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of subpart 1 of part 147 and by adding sections 14701, 14703, 14705, and 14707.

Substitute (S-4)

The following are the amendments to the substitute recommended by the Committee of the Whole:

1.  Amend page 2, line 15, after “14707.” by inserting “(1)”.

2.  Amend page 2, line 16, after “pay” by striking out the balance of the bill and inserting “the following civil fines:

(a) If the fire chief fails to file a report within 48 hours after a fire or other incident, $50.00.

(b) If the fire chief fails to file a report within 72 hours after the fire or other incident, $100.00.

(c) If the fire chief fails to file a report within 96 hours after the fire or other incident, $250.00.

(d) If the fire chief fails to file a report within 120 hours after the fire or other incident, $500.00.

(2) A violation of section 14703 may be prosecuted by the prosecutor of the county in which the violation occurred.”.

The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Moss, Irwin, Hollier and Geiss asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Moss’ statement is as follows:

We’ve been having honest and sometimes difficult conversations with one another at the end of Senate session over the last several weeks. If I take my friend from the other side of the aisle at his word, who said earlier this week that we’re not as divided as the times may suggest, then I’m asking you to listen to one more difficult conversation this month.

I’m the only gay person here, and all I want to do is exist without judgement or discrimination—be gay and be left alone about it—and I think most LGBTQ people feel that way. But we don’t have that privilege, of being left alone about it. A fight is always brought to us. If we fell in love and wanted to get married, there was a long period of time when the state of Michigan and many other states wouldn’t allow it. If we wanted to adopt children, I served here in the Legislature when we passed a law to fund agencies that called us unfit parents. And still today, we can be evicted or fired just due to who we are and who we love. Now, I’ve heard repeatedly throughout this health crisis from the other side of the aisle that people in Michigan need the confidence of when they can get back to work, that work provides dignity, a sense of worth, support to put food on the table, financial stability, purpose. Gay and trans people want that too, but you know that the Elliott-Larsen Civil Rights Act does not protect us from employment discrimination or housing discrimination.

And it’s more than just policy battles. Probably starting in middle school and every single day since, I think about, Will the way that I talk, will the way that I walk, will the way that I sit down, will the way that I stand up, will the way that I move, will the way that I stay still, will the way that I share things about myself, will the way that I don’t share things about myself, subject me to being called a slur that many straight people throw around too easily, or worse, subject me to being a victim of a hate crime which is another area of law where LGBTQ people are not protected. So no, we don’t have the privilege of being left alone about who we are. LGBTQ people are activists because we have to be—we don’t have any other choice—and that activism has formed a community about which we are proud.

Today, for the sixth year, I’ve introduced a resolution declaring June as LGBTQ Pride Month, and I would be remiss, especially in this moment, not to acknowledge the reason why we mark June as LGBTQ Pride Month—because of a rebellion this month 51 years ago at Stonewall against police brutality, a movement propelled especially by queer people of color. Black queer lives matter; black trans lives matter—the most marginalized and targeted members of our community. We are more, though, than a community of struggle. We are a community that celebrates love, living authentically, and accepting ourselves that contributes culturally, civically, and economically to the state of Michigan—all of which is reflected in this resolution.

But this resolution has never been adopted, not in the five previous times I’ve offered it to you for adoption. It was referred to committee today. But in my time in the Legislature, I have voted for resolutions that were adopted to declare July as Craft Beer Month, July as Ice Cream Month, October as Apple Month, a week in June as Pollinator Week, and a day in June as Dairy Foods Awareness Day. I’ve supported all of those. I’m aware of dairy food. I’m asking you to be aware of the LGBTQ community here in Michigan.

 

The President pro tempore, Senator Nesbitt, assumed the Chair.

 

Senator Irwin’s statement is as follows:

I rise today to sound the alarm here in the Senate for a problem that we are sure to be facing. I don’t know if all my colleagues are feeling what I’m feeling and have been feeling for the last couple weeks, but we’re heading for a cliff here in the state of Michigan. Now many of you know about this cliff because you served in the House with me when we dramatically lessened unemployment benefits, we shortened the amount of time that people are eligible for unemployment benefits, we dramatically limited the amount of benefits that people are eligible for, and as a result, Michigan stands as one of the states that is least-friendly to unemployed workers.

I think that’s a mistake and I think that now, as we are moving towards hopefully the end of this pandemic, this Legislature has an obligation to get serious about re-examining our unemployment benefits, and we need to do it now. Many of our citizens—I think 1.7 million of them roughly—at one point claimed unemployment during this pandemic and many of them who were benefiting from a $600-per-week federal payment that really was the lifeline that allowed them to keep food on their table, allowed them to keep paying their mortgages, allowed them to keep paying their car notes, but if it weren’t for that federal $600-per-week, our residents would be trying to survive on the Michigan maximum of $362 per week. That is not enough; it’s not anywhere near income replacement for our citizens.

I am asking my colleagues to all get serious now because this cliff is coming here in about six weeks. Toward the end of July, we’re going to have hundreds of thousands of our residents falling off of that $600‑per-week federal benefit and falling onto the rocks of Michigan’s insufficient—possibly one of the worst in the nation—benefits. How are people going to be able to pay their mortgages? How are people going to be able to keep food on their table? How are people going to be able to put gas in their car?

We need to take a look at our unemployment benefits. I don’t want to be sitting here four weeks from now, six weeks from now, when this is a crisis. I want to sound the alarm today because our residents need us to be staying one step ahead of these problems, and we’ve only got one step left. Please, let’s take a hard look at unemployment. Our benefits are some of the worst in the nation, and this is going to become a real serious problem when the federal benefits expire very shortly.

 

Senator Hollier’s statement is as follows:

Colleagues, if you would allow me to read the words of someone who does a lot of work in my district. She is a black trans woman and because she will never have the opportunity to address this body in this manner, I wanted to give her voice a space. So these are her words:

 

As a child, I remember reciting the Pledge of Allegiance and taking great pride in the fact that I lived in the greatest country in the world: the United States of America.

The architects of the Declaration of Independence repeatedly used the term ‘inherent’ to describe all of our freedoms and so I mistakenly thought these promises would be extended to me as any other American citizen. I was taught that this country was not made up of diverse people, but that diversity was actually celebrated. I thought all of this was part of the American way, but I was fooled. Somewhere in life as I was arriving to my authentic self, I realized that the very thought of me existing and thriving produces hateful opposition. And that is manifested in the discriminatory laws that are a part of our larger system of oppression. This system positions and labels LGBTQ community members as other and it has no real intention of accepting us and our existence.

I continue to grapple with the fact that at one point I was working three jobs, paying taxes, and supporting the state’s economy that allows landlords to evict me from my housing, allows doctors to restrict and deny my comprehensive health care. Even though I was paying for insurance out of every check and allows my employer to terminate me based not on my performance, but based on my knowing or being perceived as gay, lesbian, bi, or trans. Later, being black, I realized the odds would never be in my favor. Does this distinguished body know that over the past ten years nearly 73 percent of all transgender woman who have been killed were black? As we celebrate Pride Month, I ask, I demand, and I hope that you would center and uplift the black and Latina trans women who started the riots at Stonewall in 1969. Their names were Marsha P. Johnson and Sylvia Rivera. I thank them for not only starting the movement for LGBTQ equality, but for standing on the frontlines against racism and police brutality.

 

This is not a new fight. It is unnerving to realize the fight of 1969 is still being fought in 2020. The country appears to finally be awakening to its pervasive, systemic racism and discrimination against black people, and it appears too that reform is on the horizon. Here in our state, it’s high time we reckon with our own outdated laws and extend equality to LGBTQ Michiganders. How can me and my community be proud and productive members of a society—a system—that sustains and supports discrimination. I want this body to take pride in my life because it has value. Even thought my life expectancy as a black trans woman is only the age of 35—because we are being killed and hunted down in the streets—I am encouraged by the depth of my unwavering faith in God. My hopes and dreams reside in my ability to maintain my relationship with Christ. As I celebrate Pride, my pride is strengthened in the hope of tomorrow not being the same as yesterday.

Love always, Jey’nce Poindexter.

 

These are words that you don’t hear. This is the voice that we don’t often get the opportunity to hear, and so I wanted to share that with you noting that this September I will celebrate my 35th birthday, and if I were a member of the black trans or the trans women of color community, that would be my life expectancy. And it is for a variety of systemic reasons and today here, every day, we have opportunities to address the core issues that affect why they die so soon. And I hope that we can do that together.

 

Senator Geiss’ statement is as follows:

Tomorrow—June 12—is Loving Day. It is celebrated because of the 1967 landmark Supreme Court case Loving v. Virginia which ruled that Richard and Mildred Loving’s marriage—one similar to mine—was legal and constitutionally protected.

To many people, seeing our marriages, seeing black and brown people in prominent positions, seeing black and brown people in the media on TV, even as far as our highest office, believe and have a misconception that racism is over. It is not. It is insidious and exists in small, covert ways and in large, overt ways. Many think of racism as hurling epithets and slurs or denying providing service to a person because of the skin they’re born in, but it’s more than that. It’s much deeper than that.

And you don’t have to be a card-carrying racist to participate in actions that are linked to systemic and institutionalized racism. It is about a fundamental lack of respect for black and brown bodies and our voices. It is displayed when we are asked to justify our feelings and experiences as if they could not possibly be valid. We are constantly being asked to require to prove our right to exist, our right to breathe, and to justify our reasoning. We see it in health care. We see it even in this space, which is part of why we introduced Senate Concurrent Resolution No. 27 yesterday, declaring racism as a public health crisis. It’s also why I introduced Senate Resolution No. 116, asking for this body to formally address and prohibit the Confederate flag in this chamber because of what it stands for.

The U.S. Navy and United States Marine Corps have banned the Confederate flag, and yesterday, NASCAR—NASCAR, people, NASCAR—banned them. Let me read their statement to you: “The presence of the Confederate flag at NASCAR events runs contrary to our commitment to providing a welcoming and inclusive environment for all fans, our competitors and our industry. Bringing people together around a love for racing and the community that it creates is what makes our fans and sport special. The display of the Confederate flag will be prohibited from all NASCAR events and properties.” The time had come. It was a bold statement that was made swiftly. The sporting organization’s president even said, “The time is now to listen, to understand, and to stand against racism and racial injustice.” And it was done swiftly after just one of their drivers called for change.

Here we are. We are in this revered space where we do the work of the people. It’s not just entertainment. And it’s long past time for us to also listen and act.

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 10:

House Bill Nos.     5137   5138   5299   5627  5657  5658

 

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, June 10 for her approval the following bills:

Enrolled Senate Bill No. 172 at 12:53 p.m.

Enrolled Senate Bill No. 306 at 12:55 p.m.

 

The Secretary announced that the following bills and resolution were printed and filed on Wednesday, June 10 and are available on the Michigan Legislature website:

Senate Bill Nos.      963    964    965

Senate Concurrent Resolution No.        27

House Bill Nos.     5842  5843

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Energy and Technology submitted the following:

Joint meeting held on Wednesday, June 10, 2020, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Lauwers (C), LaSata, Nesbitt, Barrett, Bumstead, Outman, McCann, Brinks and McMorrow

Excused: Senator Horn

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Environmental Quality submitted the following:

Joint meeting held on Wednesday, June 10, 2020, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Outman (C), Daley, Johnson, VanderWall, McBroom, Bayer and Brinks

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Finance submitted the following:

Meeting held on Wednesday, June 10, 2020, at 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Runestad (C), Daley, Bumstead, VanderWall, Chang and Alexander

Excused: Senator Nesbitt

 

 

COMMITTEE ATTENDANCE REPORT

 

The Joint Committee on Administrative Rules submitted the following:

Meeting held on Wednesday, June 10, 2020, at 3:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Lucido (C), McBroom, Theis, Hollier and Irwin

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on Thursday, June 11, 2020, at 8:15 a.m., Room 519, House Office Building

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

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary and Public Safety submitted the following:

Meeting held on Thursday, June 11, 2020, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Lucido (C), VanderWall, Barrett, Johnson, Runestad, Chang and Irwin

 

 

Scheduled Meetings

 

 

State Drug Treatment Court Advisory Committee - Tuesday, June 23, 1:30 p.m., Room 352, House Appropriations Room, 3rd Floor, Capitol Building (517) 373-0212

 

 

Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 11:11 a.m.

 

The President pro tempore, Senator Nesbitt, declared the Senate adjourned until Tuesday, June 16, 2020, at 10:00 a.m.

 

 

MARGARET O’BRIEN

Secretary of the Senate