No. 38

STATE OF MICHIGAN

Journal of the Senate

102nd Legislature

REGULAR SESSION OF 2023

 

 

 

 

 

Senate Chamber, Lansing, Wednesday, April 26, 2023.

 

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.

 

 

Albert—present                                   Hauck—present                               Moss—present

Anthony—present                                Hertel—present                               Nesbitt—present

Bayer—present                                    Hoitenga—present                           Outman—present

Bellino—present                                  Huizenga—present                           Polehanki—present

Brinks—present                                   Irwin—present                                 Runestad—present

Bumstead—present                              Johnson—present                             Santana—present

Camilleri—present                               Klinefelt—present                            Shink—present

Cavanagh—present                              Lauwers—present                            Singh—present

Chang—present                                   Lindsey—present                             Theis—present

Cherry—present                                  McBroom—excused                        Victory—present

Daley—present                                    McCann—present                            Webber—present

Damoose—present                               McDonald Rivet—present                Wojno—present

Geiss—present                                    McMorrow—present                       


 

Senator Jeremy Moss of the 7th District offered the following invocation:

We are all equal as human beings—sister and brother, employer and employee, chief officer and manual laborer—equally loved before God. Yet our system discriminates based on education, abilities, race, and luck. Many of God’s children are placed into a hierarchy of inequality and discomfort.

We are called to stretch out our arms between the tiny, exclusive tip and the broad platform of the masses, to form a bridge, to create a way for those treated unequally to come together as one in equality, in human dignity. Loving God, Creator of dignity and all that lives, help us be bridges. Help us cry out for respect and value for all when society forgets that in our most basic nature, we are all God’s children. Amen.

 

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

 

Senator Anthony entered the Senate Chamber.

 

 

Motions and Communications

 

 

Senator Lauwers moved that Senator McBroom be excused from today’s session.

The motion prevailed.

 

Senator Singh moved that Senator Geiss be temporarily excused from today’s session.

The motion prevailed.

 

 

The following communication was received:

Office of Senator Lana Theis

April 25, 2023

Per Senate Rule 3.105, I request to be added as an official co-sponsor to Senate Bill 260 (Bellino).

                                                                                       Sincerely,

                                                                                       Lana Theis

                                                                                       State Senator

                                                                                       22nd District

The communication was referred to the Secretary for record.

 

 

Senator Singh moved that the following bills, now on the order of General Orders, be referred to the Committee on Finance, Insurance, and Consumer Protection:

House Bill No. 4002, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.

 

 

House Bill No. 4055, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2015 PA 204.

 

 

House Bill No. 4137, entitled

A bill to amend 1979 PA 72, entitled “An act to require the governor to report certain tax information with the annual budget message to the legislature,” by amending section 6 (MCL 21.276), as amended by 1983 PA 7.

 

 

Senate Bill No. 232, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2015 PA 205.

 

 

Senate Bill No. 233, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2015 PA 204.

The motion prevailed.

Senator Singh moved that the following bills, now on the order of General Orders, be referred to the Committee on Civil Rights, Judiciary, and Public Safety:

House Bill No. 4139, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2016 PA 234.

 

 

House Bill No. 4140, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4ll.

 

 

House Bill No. 4141, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ll.

 

 

House Bill No. 4144, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 15 (MCL 28.435), as added by 2000 PA 265, and by adding section 9.

The motion prevailed.

 

 

Senator Singh moved that the following bill, now on the order of General Orders, be referred to the Committee on Health Policy:

Senate Bill No. 38, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33b (MCL 791.233b), as amended by 2019 PA 16.

The motion prevailed.

 

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

 

 

Senators Runestad, Johnson and Bellino introduced

Senate Bill No. 296, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 6aa.

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

Senators Runestad, Johnson and Bellino introduced

Senate Bill No. 297, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the powers and duties of certain state governmental officers and entities; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending sections 1 and 2 (MCL 460.1 and 460.2).

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

 

 

Senators Runestad, Johnson and Bellino introduced

Senate Bill No. 298, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 699 (MCL 168.699), as amended by 2012 PA 523, and by adding chapter VIA.

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 25, 2023, and read:

 

EXECUTIVE ORDER

No. 2023-3

 

Declaration of State of Emergency

 

On April 14, 2023, I issued Executive Order 2023-2 declaring a state of emergency for the counties of Gogebic and Houghton due to widespread flooding caused by the rapid melting of the snowpack. This same accelerated thaw has also caused widespread flooding in the counties of Alger, Baraga, Dickinson, Iron, Marquette, and Ontonagon. These counties have experienced road and bridge closures; damage to culverts, embankments, and road surfaces; overwhelmed storm water and sewer systems; and deposits of silt and debris.

Local officials in the impacted counties have taken several actions to respond to the situation, including but not limited to activating the emergency response and recovery aspects of their emergency operations plans, issuing emergency public information, and otherwise utilizing local resources to address these conditions. Despite these measures, local resources are insufficient to respond to the widespread flooding and related damages. State assistance is necessary to effectively respond to, and recover from, the impacts of this flooding.

Section 1 of article 5 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the governor. Under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists.”

Therefore, acting under the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 to 30.421, I order the following:

    1. In addition to the counties of Gogebic and Houghton, a state of emergency is also declared for the counties of Alger, Baraga, Dickinson, Iron, Marquette, and Ontonagon.

    2. The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts and may call upon all state departments to utilize available resources to assist in the designated area pursuant to the Michigan Emergency Management Plan.

    3. The state of emergency is terminated at such time as the threats to public health, safety, and property caused by the emergency no longer exist, and appropriate programs have been implemented to recover from the effects of this emergency, but in no case later than May 12, unless extended as provided by the Emergency Management Act.

 

Date: April 21, 2023

Time: 1:57 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 Singh moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:06 a.m.

 

10:27 a.m.

 

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

 

During the recess, Senator Geiss entered the Senate Chamber.

 

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

The motion prevailed.

Senator Santana’s statement is as follows:

Today I just want to take a moment to acknowledge Jolie Lawrence, who has been an intern in our office for two semesters now. She interned with us in the fall and then came back for more gruesome work in office, but we are honored to have her here today on the floor just to acknowledge her service to the state of Michigan while she has been here.

Jolie is a student currently at Michigan State University and taking a break, then from there she will go off to law school pretty soon and become an attorney. We are very honored to have her as a part of the Michigan State Senate and hope that you will continue to have much success as you continue your journey forward throughout our state.

Hopefully you will come back and work with us in the future; we would love to have you. Let’s just give her a congratulatory acceptance and I wish her much love.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator Singh 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 Runestad 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 without amendment, the following bill:

House Bill No. 4199, entitled

A bill to amend 2014 PA 259, entitled “Michigan national guard tuition assistance act,” by amending the title and sections 3 and 4 (MCL 32.433 and 32.434), section 3 as amended by 2016 PA 531.

The bill was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

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

Senate Bill No. 185

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 185, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 1 (MCL 423.201), as amended by 2014 PA 414.

The question being on the passage of the bill,

Senator Albert offered the following amendment:

1.  Amend page 5, following line 3, by inserting:

     “(3) If an individual serving as a graduate student research assistant or in an equivalent position engages in a strike, a student who attends the college or university of that individual and whose instructional time was reduced as a result of the strike may bring an action against the bargaining representative of the individual to recover damages of not more than $10,000.00.”.

The question being on the adoption of the amendment,

Senator Lauwers requested the yeas and nays.

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

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

 

 

Roll Call No. 133                                           Yeas—18

 

 

Albert                                Hauck                                Lindsey                             Runestad

Bellino                               Hoitenga                            McCann                             Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                            Lauwers                                                                     

 

 

                                                                     Nays—19

 

 

Anthony                             Chang                                Klinefelt                            Santana

Bayer                                 Cherry                               McDonald Rivet                 Shink

Brinks                                Geiss                                 McMorrow                        Singh

Camilleri                            Hertel                                 Moss                                 Wojno

Cavanagh                           Irwin                                  Polehanki                         

 

 

                                                                   Excused—1

 

 

McBroom                                                                                                             

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

Senator Hauck offered the following amendment:

1.  Amend page 5, following line 3, by inserting:

     “(3) Every year, a bargaining representative shall provide to each public employee in the bargaining unit that the bargaining representative represents the following statement in writing: “Under the United States Supreme Court decision Janus v AFSCME, Council 31, ___US___; 138 S Ct 2448 (2018), it is a violation of a public employee’s first amendment free speech rights for a public-sector bargaining representative to require the public employee to pay dues or fees to the bargaining representative unless the public employee consents.”.”.

The question being on the adoption of the amendment,

Senator Lauwers requested the yeas and nays.

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

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

 

 

Roll Call No. 134                                           Yeas—17

 

 

Albert                                Hauck                                Lauwers                            Runestad

Bellino                               Hoitenga                            Lindsey                             Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                     Nays—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

 

 

                                                                   Excused—1

 

 

McBroom                                                                                                             

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

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. 135                                           Yeas—20

 

 

Anthony                             Chang                                Klinefelt                            Polehanki

Bayer                                 Cherry                               McCann                             Santana

Brinks                                Geiss                                 McDonald Rivet                 Shink

Camilleri                            Hertel                                 McMorrow                        Singh

Cavanagh                           Irwin                                  Moss                                 Wojno

                                                                     Nays—17

 

 

Albert                                Hauck                                Lauwers                            Runestad

Bellino                               Hoitenga                            Lindsey                             Theis

Bumstead                           Huizenga                            Nesbitt                               Victory

Daley                                 Johnson                             Outman                             Webber

Damoose                                                                                                              

 

 

                                                                   Excused—1

 

 

McBroom                                                                                                             

 

 

                                                                 Not Voting—0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

 

 

Protest

 

 

Senator Daley, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 185 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Daley’s statement is as follows:

This legislation shows that in the eyes of Democrats, no industry is safe from misguided government interference. This bill is more of the same failed economic policies of the Lost Decade. Allowing research assistants to unionize will continue to weaken higher education in our state. Turning our classrooms into arbitration zones will only have a negative effect on the important work our universities do and create more conflict and division rather than less. It will also further burden taxpayers and students when costs increase because of this legislation.

I stand with the Michigan Association of State Universities and I encourage a “no” vote.

 

 

Senators Albert, Hauck 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 Albert’s statement is as follows:

Mr. President, right now in our state students have paid excessive tuition rates and are losing out on class time because of a strike by university employees. My amendment would allow students who experience a loss of learning time that they paid for, due to a walkout or a strike, legal or not, to recover their hard-earned money. I ask for your support.

 

Senator Hauck’s statement is as follows:

If this body is taking this step of making graduate assistants public employees, we should also make sure they are fully aware of their rights. The U.S. Supreme Court ruled in 2018 that public employees cannot be compelled to join a union, essentially making right-to-work the law of the land nationally for the public sector. As a former union worker myself, I know how important it is for workers to be informed of their rights. I urge their support of this amendment to notify these new public employees of their rights. I ask for support of my amendment.

Senator Irwin’s first statement is as follows:

Research assistants all over our state are performing research, testing pharmaceutical products, innovating new products and materials, testing medical procedures, and Michigan benefits greatly from their work. Many of you may not know that the area I represent at the University of Michigan is the largest recipient of National Institute of Health grant dollars in the nation. These research assistants are therefore critical to our economy and this state, helping support that massive influx of research dollars that not only puts food on tables and pays mortgages, but also develops innovative, lifesaving products that help us live our lives.

Ten years ago, these research assistants came together to collectively bargain. They started talking amongst themselves and they said, Look, we may want to form a union. But quickly, ten years ago, at that same time, the Michigan Legislature—in what I really thought was a dirty move—rushed to change the law to simply stipulate in law that these people are not employees. I will tell you, I have seen these peoples’ work and they certainly look like employees; they’re deployed, they’re scheduled like employees, and they ought to have the same rights as other employees.

So what this bill will do is, this bill will go back and will right that wrong of ten years ago when this Legislature rushed to prevent a group of people from collectively bargaining and realizing their voice as a group. With that, I ask for my colleagues to support this legislation that will restore the rights of these individuals to be considered employees, because they are employees.

 

Senator Irwin’s second statement is as follows:

I just want to mention, just for the record and for any of my colleagues that might be listening, that lecturers, graduate student instructors, they are already unionized and those are the individuals that are in the classrooms. So when you are talking about how this is going to somehow create some sort of chaos in classrooms to let graduate research assistants unionize, I don’t think that is true. I think it’s also important to mention that these individuals don’t work in classrooms. These individuals are performing research.

It was also mentioned that this was going to increase the cost of tuition and the cost of higher education in the state of Michigan. I just want to mention, for the record and for any colleagues that might be interested in understanding what these folks do on a daily basis, these research assistants are not contributing to tuition. These research assistants are doing the fundamental work that brings in a huge amount—billions of dollars—in research money to our state. I just want to make it clear so that everyone knows that these individuals’ pay is not contributing to tuition and their work is not done in the classroom—it is done in the lab.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

Senator Chang offered the following resolution:

Senate Resolution No. 36.

A resolution to commemorate April 23-30, 2023, as Black April Memorial Week.

Whereas, April 30, 2023, marks the 48th anniversary of the end of the Vietnam War and the start of the eventual exodus of several million Vietnamese out of Vietnam after South Vietnam’s capital of Saigon fell to the communists on April 30, 1975; and

Whereas, For many Vietnam and Vietnam-era veterans who were directly involved in the war, and Vietnamese Americans who have settled in the United States, the Vietnam War was a tragedy full of great suffering and the loss of American, Vietnamese, and Southeast Asian lives; and

Whereas, Over 58,000 people were killed and 304,000 were wounded out of the 2.59 million Americans who served in the Vietnam War. One out of every ten Americans who served in Vietnam became a casualty of war; and

Whereas, South Vietnamese armed forces lost 275,000 soldiers and many more were wounded, along with an unknown number of Vietnamese civilian casualties; and

Whereas, During the American evacuation of Saigon, the first wave of 135,000 Vietnamese who were mostly military officers and their families, took temporary shelter through several international refugee camps at Camp Pendleton in San Diego, California, Fort Chaffee in Arkansas, and Indiantown Gap in Pennsylvania; and

Whereas, Starting in 1977 and lasting through the mid-1980s, a second wave of Vietnamese refugees comprised mostly of “boat people” began leaving Vietnam. Seeing no future under communism, nearly 800,000 boat people risked their lives in small, dangerous boats to travel to resettlement camps in Hong Kong, Malaysia, Indonesia, Thailand, and the Philippines before eventually resettling in the United States. The Red Cross estimated that during that time, at least 300,000 Vietnamese died on the high seas while trying to escape communism; and

Whereas, After 1985, a third wave of Vietnamese refugees came to the United States under the Orderly Departure Program; and

Whereas, In 1988, Congress passed the Operation Homecoming Act, a program allowing approximately 80,000 Amerasian children (offspring of GI fathers and Vietnamese mothers) to come to America; and

Whereas, By 1990, the fourth wave of Vietnamese refugees began arriving in the United States under the Humanitarian Operation, and today, more than 1.7 million Vietnamese immigrants reside in the United States; and

Whereas, Census data shows that foreign-born Vietnamese entering the United States in the 1980s, 1990s, and 2000s have seen an increase in terms of English proficiency, proportion of college graduates, the number of owner-occupied housing, family median income, and naturalization; and

Whereas, Over the years, Vietnamese immigrants have overcome social, economic, and language barriers of unforeseen magnitude to grow and become the most assimilated along civic dimensions out of any large group in America; and

Whereas, Through emphasis on intense study, Vietnamese Americans have reached the pinnacles of American success in a variety of fields including business and entrepreneurship, science and technology, space travel, medicine, the executive branch of the United States government, politics, the United States military, the United States judicial system, professional sports, and, most recently, cultural icon status in cooking, modeling, acting, and comedy; and

Whereas, In order to serve their community and prosper in America, Vietnamese Americans formed well-established and thriving Vietnamese American commercial districts throughout the United States, including an enclave in southeast Oakland County and in west Michigan; and

Whereas, More than 25,276 Vietnamese now live in Michigan; and

Whereas, We must teach our children and future generations the important lessons from the Vietnam War, including how the plight of the Vietnamese refugees following the end of war is a powerful example of the values of freedom and democracy; and

Whereas, Refugees and immigrants from the former Republic of Vietnam, who came to the United States and settled as free Vietnamese Americans, are honored and remembered for their sacrifices of freedom, human rights, and for their ongoing contributions to our democratic society; and

Whereas, The Vietnamese Heritage and Freedom flag, which is yellow with three horizontal red stripes, is the only symbol that can unite most Vietnamese around the world and bring them together, showing the aspiration for freedom and democracy in their homeland; and

Whereas, Although united in sorrow as they commemorate April 30, 2023, as Black April, an occasion to reflect on the sacrifices of the past, Vietnamese American communities throughout Michigan consider Black April a memorial and remembrance of the resilience of the Vietnamese people; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate April 23-30, 2023, as Black April Memorial Week. We recognize this special time for Michiganians to honor the tragedy of the suffering and countless lives lost during the Vietnam War era, while also paying tribute to those lives lost by human rights and freedom to the people of Vietnam.

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

Senator Singh moved that the rule be suspended.

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

The resolution was adopted.

Senators Bayer, Geiss and Santana were named co-sponsors of the resolution.

 

 

Senators Chang and Damoose asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Chang’s first statement is as follows:

Today I rise to speak about the resolution to declare April 23-30, 2023, as Black April Memorial Week.

April 30 marks the day in 1975 that the Viet Cong captured Saigon, also known as the Fall of Saigon. For many Vietnamese Americans this is an incredibly dark and sad day. They call it Black April, or Tháng Tư Đen. The total number of military and civilian deaths resulting from the Vietnam War vary widely depending on who the source is, but well over 1 million people were killed tragically.

Black April is a time to remember these losses. Many people became separated from their family members and friends during the war and during the procession of the fall of Saigon. For many people of the Vietnamese diaspora, this is a day to remember and honor the lives of the loved ones they lost. Today we honor these memories and celebrate how far the Vietnamese American community in Michigan has come. Over 25,000 Vietnamese Americans call Michigan home. They are small business owners, medical professionals, legal professionals, engineers, organizers, and public servants. These people who once lost their original homes in Vietnam have built a new home in our great state and are an excellent example of the American values of opportunity, freedom, and democracy.

Although united in sorrow as they commemorate April 30 as Black April, an occasion to reflect on the sacrifices of the past, the Vietnamese American community today throughout Michigan consider April a memorial and a remembrance of the resilience of the Vietnamese people.

 

Senator Damoose’s statement is as follows:

This is a great resolution offered by the Senator from the 3rd District, and it’s one that hits home for me. On April 10, 1975, my wife was put in a cardboard box as an 8-month-old infant in Saigon, bound for the United States as part of Operation Babylift. She was an orphan born in the midst of a horrible war, brought to the United States to become an American. That’s the beauty of our country. Anyone can become an American, no matter where you’re born or what’s your background. That’s a unique proposition that sets our country apart. We have welcomed well-intentioned immigrants from around the world with open arms and we must remain that shining city on a hill that still offers hope to a world in peril.

Today I look at who my wife has become and the blessing she is to me and to everyone she encounters, and to our four children—talented, dedicated kids making a real impact in this world—and I look back with thanksgiving to the people in Vietnam who rescued my wife and to the policies of our country that allowed her to thrive and prosper in this great land. I extend similar recognition to all who are honored in this great recognition and thank you for everything you contribute to our society.

 

Senator Chang’s second statement is as follows:

Today I want to welcome a number of our community members from the Vietnamese American community and across Michigan with the Vietnamese American Association of Michigan and others. They are in the east Gallery.

 

 

Announcements of Printing and Enrollment

 

 

The Secretary announced that the following bills were printed and filed on Tuesday, April 25, and are available on the Michigan Legislature website:

House Bill Nos.     4446   4447   4448   4449  4450   4451   4452   4453   4454  4455   4456   4457 4458       4459        4460        4461        4462        4463                               4464   4465   4466   4467  4468   4469   4470   4471   4472 4473

 

The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, April 26, and are available on the Michigan Legislature website:

Senate Bill Nos.      285    286    287    288    289    290    291    292    293    294    295

Senate Joint Resolution      C

 

 

Committee Reports

 

 

The Committee on Education reported

House Bill No. 4166, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 392, 502, 503, 507, 522, 528, 552, and 561 (MCL 380.392, 380.502, 380.503, 380.507, 380.522, 380.528, 380.552, and 380.561), as amended by 2018 PA 601; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

                                                                                       Dayna Polehanki

                                                                                       Chairperson

To Report Out:

Yeas: Senators Polehanki, Geiss, Chang, Camilleri and McDonald Rivet

Nays: Senators Damoose and Johnson

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

 

The Committee on Education submitted the following:

Meeting held on Tuesday, April 25, 2023, at 1:30 p.m., Room 1100, Binsfeld Office Building

Present: Senators Polehanki (C), Geiss, Chang, Camilleri, McDonald Rivet, Damoose and Johnson

 

 

The Committee on Transportation and Infrastructure reported

Senate Bill No. 124, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11j.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Erika Geiss

                                                                                       Chairperson

To Report Out:

Yeas: Senators Geiss, Klinefelt, Wojno, Hertel, Camilleri, Chang, McCann, Bellino, McBroom, Victory and Bumstead

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

The Committee on Transportation and Infrastructure reported

Senate Bill No. 125, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; to investigate and study the tolling of roads, streets, highways, or bridges; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11i.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

                                                                                       Erika Geiss

                                                                                       Chairperson

To Report Out:

Yeas: Senators Geiss, Klinefelt, Wojno, Hertel, Camilleri, Chang, McCann, Bellino, McBroom, Victory and Bumstead

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Tuesday, April 25, 2023, at 3:30 p.m., Room 403, 4th Floor, Capitol Building

Present: Senators Geiss (C), Klinefelt, Wojno, Hertel, Camilleri, Chang, McCann, Bellino, McBroom, Victory and Bumstead

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on DHHS submitted the following:

Meeting held on Tuesday, April 25, 2023, at 8:30 a.m., Room 403, 4th Floor, Capitol Building

Present: Senators Santana (C), McDonald Rivet, Irwin, Cavanagh, Cherry, Bayer, Outman, Huizenga, Hauck and Theis

Excused: Senator Camilleri

 

 

COMMITTEE ATTENDANCE REPORT

 

The Appropriations Subcommittee on Military, Veterans, State Police submitted the following:

Meeting held on Tuesday, April 25, 2023, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hertel (C), Klinefelt and Theis

 

 

Scheduled Meetings

 

 

Appropriations

 

Subcommittees

 

LEO/MEDC Thursday, April 27, 9:15 a.m., Room 1200, Binsfeld Office Building (517) 373-2768

MDE Thursday, April 27, 9:00 a.m., Room 403, 4th Floor, Capitol Building (517) 373-2768

 

Transportation Thursday, April 27, 3:00 p.m. or immediately following session, Room 1200, Binsfeld Office Building (517) 373-2768

 

Civil Rights, Judiciary and Public Safety Thursday, April 27, 12:00 noon, Room 1200, Binsfeld Office Building (517) 373-5312

 

Economic and Community Development Thursday, April 27, 1:30 p.m., Room 1100, Binsfeld Office Building (517) 373-1721

 

Energy and Environment Thursday, April 27, 1:30 p.m., Room 403, 4th Floor, Capitol Building (517) 373-5323 (CANCELLED)

 

Michigan State Capitol Commission Friday, April 28, 10:00 a.m., Room H-352, 3rd Floor, Capitol Building (517) 373-0184

 

Regulatory Affairs Thursday, April 27, 8:30 a.m., Room 1100, Binsfeld Office Building (517) 373-1721

 

 

Senator Singh moved that the Senate adjourn.

The motion prevailed, the time being 10:53 a.m.

 

The President, Lieutenant Governor Gilchrist, declared the Senate adjourned until Thursday, April 27, 2023, at 10:00 a.m.

 

 

DANIEL OBERLIN

Secretary of the Senate