STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2020
House Chamber, Lansing, Thursday, June 18, 2020.
9:30 a.m.
The House was called to order by the Speaker.
The roll was called by the
Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Filler—present Jones—e/d/s Rabhi—present
Albert—present Frederick—present Kahle—present Reilly—present
Alexander—present Garrett—excused Kennedy—present Rendon—present
Allor—present Garza—present Koleszar—present Sabo—present
Anthony—present Gay-Dagnogo—e/d/s Kuppa—present Schroeder—present
Bellino—present Glenn—present LaFave—present Shannon—present
Berman—present Green—present LaGrand—present Sheppard—present
Bolden—present Greig—present Lasinski—present Slagh—present
Bollin—present Griffin—present Leutheuser—present Sneller—present
Brann—present Guerra—present Liberati—present Sowerby—present
Brixie—present Haadsma—present Lightner—present Stone—present
Byrd—present Hall—present Lilly—present Tate—present
Calley—present Hammoud—present Love—excused VanSingel—present
Cambensy—present Hauck—present Lower—present VanWoerkom—present
Camilleri—present Hernandez—present Maddock—present Vaupel—present
Carter, B.—present Hertel—present Manoogian—present Wakeman—present
Carter, T.—present Hoadley—present Marino—present Warren—present
Chatfield—present Hoitenga—present Markkanen—present Webber—present
Cherry—present Hood—present Meerman—present Wendzel—present
Chirkun—present Hope—present Miller—present Wentworth—present
Clemente—present Hornberger—present Mueller—present Whiteford—present
Cole—present Howell—present Neeley, C.—present Whitsett—excused
Coleman—present Huizenga—present O’Malley—present Wittenberg—present
Crawford—present Iden—present Pagan—present Witwer—present
Eisen—present Inman—present Paquette—present Wozniak—present
Elder—present Johnson,
C.—present Peterson—present Yancey—present
Ellison—present Johnson,
S.—present Pohutsky—present Yaroch—present
Farrington—present
e/d/s = entered during session
Rep. Tyrone Carter, from the 6th
District, offered the following invocation:
“During these very uncertain times,
times when..people are facing crisis upon crisis, illnesses, disasters, death
of loved ones, systemic injustice, and financial hardships-
It is hard to keep focus and see the
good that remains in each day. All of these perils are thieves of our joy and I
would like to call on you today to pray with me- a familiar prayer..
One that I believe transcends religions
and one that heals and reminds us that above all of these hard times, when
nothing seems right that GOD is right, and a source of everlasting Joy Who can
be counted on to protect and renew us even in the darkest of days..
Would you please pray with me while I
read Psalm 23: verses 1-6:
‘The Lord is my shepherd; I shall not
want.
He makes me lie down in green
pastures.
He leads me beside still waters.
He restores my soul.
He leads me in paths of righteousness
for his name’s sake.
Even though I walk through the valley
of the shadow of death,
I will fear no evil,
for You are with me;
Your rod and Your staff,
they comfort me.
You prepare a table before me
in the presence of my enemies;
You anoint my head with oil;
my cup overflows.
Surely goodness and mercy shall
follow me
all the days of my life,
and I shall dwell in the house of
the Lord
forever.’
Amen.”
______
The
Speaker called the Speaker Pro Tempore to the Chair.
______
Rep.
Cole moved that Reps. Garrett, Love and Whitsett be excused from today’s
session.
The
motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 276.
A resolution to oppose the Governor’s
policies regarding the placement of COVID-19 patients into nursing homes.
(For text of resolution, see House
Journal No. 53, p. 1035.)
(The resolution was reported by the
Committee on Health Policy on June 17, with substitute (H-1).)
(For substitute, see House Journal No.
55, p. 1064.)
The question being on the adoption of
the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a
majority of the members present voting therefor.
The
question being on the adoption of the resolution,
Rep. Cole demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting
therefor, by yeas and nays, as follows:
Roll Call No. 249 Yeas—71
Afendoulis Frederick Koleszar Schroeder
Albert Glenn Kuppa Shannon
Alexander Green LaFave Sheppard
Allor Griffin Leutheuser Slagh
Bellino Haadsma Lightner Sneller
Berman Hall Lilly VanSingel
Bollin Hauck Lower VanWoerkom
Brann Hernandez Maddock Vaupel
Calley Hertel Manoogian Wakeman
Cambensy Hoitenga Marino Webber
Camilleri Hornberger Markkanen Wendzel
Chatfield Howell Meerman Wentworth
Cole Huizenga Miller Whiteford
Crawford Iden Mueller Witwer
Eisen Inman O’Malley Wozniak
Elder Johnson,
C. Paquette Yancey
Farrington Johnson,
S. Reilly Yaroch
Filler Kahle Rendon
Nays—33
Anthony Coleman Hope Pohutsky
Bolden Ellison Kennedy Rabhi
Brixie Garza LaGrand Sabo
Byrd Greig Lasinski Sowerby
Carter, B. Guerra Liberati Stone
Carter, T. Hammoud Neeley, C. Tate
Cherry Hoadley Pagan Warren
Chirkun Hood Peterson Wittenberg
Clemente
In The
Chair: Wentworth
______
Rep. Wittenberg, having reserved the
right to explain his nay vote, made the following statement:
“Mr. Speaker and members of the House:
While I agree with the basic arguments
in the resolution, regarding the lack of data and the policy on placement of Covid-19
nursing home patients, this is not an issue that should be politicized. The
resolution is very harsh, accusatory in nature and amounts to political
grandstanding. Most of the language is hyperbole. The Governor has admitted
that the policy may not have been the best. Rather than rehash or second-guess
the Governor’s actions (actions that were suggested by Republican leadership at
the Federal level) in dealing with this deadly pandemic, the state needs the
Legislature to collaborate with the Governor on a long-term solution to keep
nursing home patients safe from the current pandemic and future ones. After 5
1/2 years of serving in the State House, I am still hopeful that majority
leadership will stop playing political games and start working to help people,
but obviously that day is not today.”
Rep. Pohutsky, having reserved the
right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the House:
I am voting against HR 276 because
while I do not necessarily support the original Executive Order that placed
senior COVID-positive patients in nursing homes and, more specifically,
regional hubs, I and other legislators have worked with the Governor’s
administration and the departments to find solutions that are suitable for elderly
populations and take into account the health complications they face. The
Executive Orders surrounding nursing homes have been revised to give health
care providers more discretion when discharging COVID-positive seniors from
hospitals, including transferring them to Alternate Care Facilities, often
called field hospitals, when a patient can be adequately cared for there, or
swing beds in hospitals. It is important to note that in my conversations with
administrators at these field hospitals, they have communicated to me that they
cannot properly care for patients who have dementia or memory challenges.
Additionally, the resolution does not force nursing homes to take COVID
patients if they are not equipped to do so. While not a perfect solution and while
also being very much a work in progress, it is at least a solution. This
resolution does nothing to offer suggestions as to what should be done. It
merely assigns blame and seeks to score political points.”
______
Reps.
Jones and Gay-Dagnogo entered the House Chambers.
The Speaker laid before the House
House Concurrent Resolution No. 24.
A concurrent resolution to demand that
the Governor compile and make publicly available certain data, to encourage
medical professionals to provide elective medical procedures, and to encourage
the people of Michigan to continue to practice safe social distancing.
(For text of concurrent resolution, see
House Journal No. 46, p. 907.)
(The concurrent resolution was reported
by the Committee on Health Policy on June 17, with substitute (H-1).)
(For substitute, see House Journal No.
55, p. 1066.)
The question being on the adoption of
the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a
majority of the members present voting therefor.
The question being on the adoption of
the concurrent resolution,
Rep.
Cole demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members present
voting therefor, by yeas and nays, as follows:
Roll Call No. 250 Yeas—69
Afendoulis Green Kuppa Rendon
Albert Griffin LaFave Schroeder
Alexander Haadsma LaGrand Sheppard
Allor Hall Leutheuser Slagh
Bellino Hauck Lightner Sneller
Berman Hernandez Lilly VanSingel
Bollin Hoitenga Lower VanWoerkom
Brann Hornberger Maddock Vaupel
Calley Howell Marino Wakeman
Chatfield Huizenga Markkanen Webber
Cole Iden Meerman Wendzel
Coleman Inman Miller Wentworth
Crawford Johnson,
C. Mueller Whiteford
Eisen Johnson,
S. O’Malley Witwer
Farrington Kahle Paquette Wozniak
Filler Kennedy Pohutsky Yancey
Frederick Koleszar Reilly Yaroch
Glenn
Nays—37
Anthony Clemente Hoadley Peterson
Bolden Elder Hood Rabhi
Brixie Ellison Hope Sabo
Byrd Garza Jones Shannon
Cambensy Gay-Dagnogo Lasinski Sowerby
Camilleri Greig Liberati Stone
Carter, B. Guerra Manoogian Tate
Carter, T. Hammoud Neeley, C. Warren
Cherry Hertel Pagan Wittenberg
Chirkun
In The
Chair: Wentworth
______
The
Speaker Pro Tempore called Associate Speaker Pro Tempore Lilly to the Chair.
Third Reading of Bills
House Bill No. 5761, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” (MCL 211.1 to 211.155) by adding sections 44e and
78t.
(The bill was read a third time and
postponed for the day on June 17, see House Journal No. 55, p. 1087.)
The question being on the passage of
the bill,
The
bill was then passed, a majority of the members serving voting therefor, by
yeas and nays, as follows:
Roll Call No. 251 Yeas—106
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garza Koleszar Sabo
Anthony Gay-Dagnogo Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hammoud Lower VanSingel
Cambensy Hauck Maddock VanWoerkom
Camilleri Hernandez Manoogian Vaupel
Carter, B. Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley, C. Whiteford
Cole Howell O’Malley Wittenberg
Coleman Huizenga Pagan Witwer
Crawford Iden Paquette Wozniak
Eisen Inman Peterson Yancey
Elder Johnson,
C. Pohutsky Yaroch
Ellison Johnson,
S.
Nays—0
In The
Chair: Lilly
The
question being on agreeing to the title of the bill,
Rep.
Cole moved to amend the title to read as follows:
A bill
to amend 1893 PA 206, entitled "The general property tax act," by
amending section 78a (MCL 211.78a), as amended by 2014 PA 499, and by adding
section 44e.
The
motion prevailed.
The
House agreed to the title as amended.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5810, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by
amending section 78a (MCL 211.78a), as amended by 2014 PA 499, and by adding
section 44e.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 252 Yeas—106
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garza Koleszar Sabo
Anthony Gay-Dagnogo Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hammoud Lower VanSingel
Cambensy Hauck Maddock VanWoerkom
Camilleri Hernandez Manoogian Vaupel
Carter, B. Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley, C. Whiteford
Cole Howell O’Malley Wittenberg
Coleman Huizenga Pagan Witwer
Crawford Iden Paquette Wozniak
Eisen Inman Peterson Yancey
Elder Johnson,
C. Pohutsky Yaroch
Ellison Johnson,
S.
Nays—0
In The
Chair: Lilly
The
question being on agreeing to the title of the bill,
Rep.
Cole moved to amend the title to read as follows:
A bill
to amend 1893 PA 206, entitled "The general property tax act," (MCL
211.1 to 211.155) by adding section 44f.
The
motion prevailed.
The
House agreed to the title as amended.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5811, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of
1998,” (MCL 436.1101 to 436.2303) by adding section 537a.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 253 Yeas—104
Afendoulis Ellison Johnson, S. Rabhi
Albert Farrington Jones Reilly
Alexander Filler Kahle Rendon
Allor Frederick Kennedy Sabo
Anthony Garza Koleszar Schroeder
Bellino Gay-Dagnogo Kuppa Shannon
Berman Glenn LaFave Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hammoud Lower VanSingel
Cambensy Hauck Maddock VanWoerkom
Camilleri Hernandez Manoogian Vaupel
Carter, B. Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley, C. Whiteford
Cole Howell O’Malley Wittenberg
Coleman Huizenga Pagan Witwer
Crawford Iden Paquette Wozniak
Eisen Inman Peterson Yancey
Elder Johnson,
C. Pohutsky Yaroch
Nays—1
Green
In The
Chair: Lilly
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. LaGrand,
under Rule 31, made the following statement:
“Mr. Speaker
and members of the House:
I did not vote
on Roll Call No. 253 because of a possible conflict of interest.”
House Bill No. 5827, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 16651 (MCL 333.16651), as added by 2018 PA 463.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 254 Yeas—105
Afendoulis Farrington Johnson, S. Pohutsky
Albert Filler Jones Rabhi
Alexander Frederick Kahle Reilly
Allor Garza Kennedy Rendon
Anthony Gay-Dagnogo Koleszar Sabo
Bellino Glenn Kuppa Schroeder
Berman Green LaFave Shannon
Bolden Greig LaGrand Sheppard
Bollin Griffin Lasinski Slagh
Brann Guerra Leutheuser Sneller
Brixie Haadsma Liberati Stone
Byrd Hall Lightner Tate
Calley Hammoud Lilly VanSingel
Cambensy Hauck Lower VanWoerkom
Camilleri Hernandez Maddock Vaupel
Carter, B. Hertel Manoogian Wakeman
Carter, T. Hoadley Marino Warren
Chatfield Hoitenga Markkanen Webber
Cherry Hood Meerman Wendzel
Chirkun Hope Miller Wentworth
Clemente Hornberger Mueller Whiteford
Cole Howell Neeley, C. Wittenberg
Coleman Huizenga O’Malley Witwer
Crawford Iden Pagan Wozniak
Eisen Inman Paquette Yancey
Elder Johnson,
C. Peterson Yaroch
Ellison
Nays—1
Sowerby
In The
Chair: Lilly
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second
Reading of Bills
House Bill No. 5482, entitled
A bill to provide for certain
requirements regarding suicide prevention for schools; to prescribe rights,
powers, duties, and privileges of schools, school districts, public school
academies, intermediate school districts, and other public school entities; to
provide for and prescribe the powers and duties of certain state departments;
and to provide for the regulation of certain school employees.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-1) previously
recommended by the Committee on Ways and Means,
The
substitute (H-1) was adopted, a majority of the members serving voting
therefor.
Rep.
Schroeder moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
House Bill No. 5482, entitled
A bill to provide for certain requirements regarding suicide prevention
for schools; to prescribe rights, powers, duties, and privileges of schools,
school districts, public school academies, intermediate school districts, and
other public school entities; to provide for and prescribe the powers and
duties of certain state departments; and to provide for the regulation of
certain school employees.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 255 Yeas—106
Afendoulis Farrington Jones Rabhi
Albert Filler Kahle Reilly
Alexander Frederick Kennedy Rendon
Allor Garza Koleszar Sabo
Anthony Gay-Dagnogo Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hammoud Lower VanSingel
Cambensy Hauck Maddock VanWoerkom
Camilleri Hernandez Manoogian Vaupel
Carter, B. Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley, C. Whiteford
Cole Howell O’Malley Wittenberg
Coleman Huizenga Pagan Witwer
Crawford Iden Paquette Wozniak
Eisen Inman Peterson Yancey
Elder Johnson,
C. Pohutsky Yaroch
Ellison Johnson,
S.
Nays—0
In The
Chair: Lilly
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second
Reading of Bills
House
Bill No. 5046, entitled
A bill
to allow local governments and certain authorities to withhold payment under
certain conditions to contractors on an asbestos abatement project; to provide
for mandatory contract conditions on certain asbestos abatement projects; to
provide for certain disclosures; and to prescribe the powers and duties of
certain local officials.
The
bill was read a second time.
Rep.
Howell moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5047, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” (MCL 324.101 to 324.90106) by
adding sections 5519 and 5519a.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-2) previously
recommended by the Committee on Ways and Means,
The
substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep.
Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
A bill
to amend 1994 PA 451, entitled “Natural resources and environmental protection
act,” (MCL 324.101 to 324.90106) by adding section 5519b.
The
bill was read a second time.
Rep.
VanSingel moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5050, entitled
A bill to prohibit certain public
entities from entering into certain contracts with certain entities that remove
or abate asbestos; to require certain entities to disclose certain information
when bidding on certain contracts with public entities; and to impose certain
duties and responsibilities on certain public entities.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-3) previously
recommended by the Committee on Ways and Means,
The
substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep.
Howell moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By
unanimous consent the House returned to the order of
Motions
and Resolutions
Reps. Koleszar, Rabhi, Greig, Hood, Clemente, Sowerby, Witwer, Ellison,
Manoogian, Sabo, Hammoud, Anthony, Brixie,
Pohutsky, Wittenberg, Brenda Carter, Shannon, Yancey, Kennedy, Hertel, Elder,
Cambensy, Cynthia Neeley, Lasinski, Camilleri, Kuppa, Tyrone Carter,
Cherry, Garza, Gay-Dagnogo, Haadsma, Hoadley, Hope, Liberati, Pagan, Sneller
and Stone offered the following resolution:
House Resolution No. 278.
A resolution to memorialize the
Congress of the United States to take action to support small businesses and
create the COVID-19 Business and Employee Continuity and Recovery Fund.
Whereas, The COVID-19 Pandemic
has had a profound impact on American life. Since the virus first arrived in
the United States in January, more than 2 million Americans have been infected
and more than 110,000 have succumbed to the virus. In Michigan, nearly
60,0000 cases have been confirmed and more than 5,500 have died; and
Whereas, The virus has also
brought unprecedented economic disruption. In order to contain the Pandemic,
public health officials, including Governor Gretchen Whitmer and the White
House Coronavirus Task Force, have recommended or ordered the closure of
nonessential businesses. These closures have contributed to the most severe
economic downturn since the Great Depression; and
Whereas, While there is hope of a
swift recovery as many businesses begin to reopen, the full economic effect of
the Pandemic remains to be determined. While many businesses have been closed
or faced reduced revenue as a result of the Pandemic, they were still required
to pay essential costs such as mortgages, rent, and utilities. A recent survey
found that more than half of all small businesses are at risk of permanently
closing in the next six months. In Michigan, about 14 percent of businesses
have reported that they may not be able to survive the Pandemic; and
Whereas, The government has a
responsibility to help small businesses weather the Pandemic’s effects. The
temporary closure of nonessential businesses, while necessary to protect public
health, was government-ordered. It would be unjust to allow these businesses to
fail because they complied with the orders; and
Whereas, Failing to support small
businesses will magnify the economic devastation already wrought by the virus.
Small businesses are a major source of employment and economic activity in
Michigan and the United States. Allowing millions of small businesses to fail
will leave tens of millions of Americans out of work and hinder the entire
economy’s recovery; and
Whereas, The small business aid
already enacted by Congress has not been enough to meet the size of the crisis.
The Paycheck Protection Program (PPP), created by the Coronavirus Aid, Relief,
and Economic Security (CARES) Act to provide low-interest loans to small
businesses, has been insufficient to provide relief to the millions of small
businesses affected by the crisis. Specifically, the Small Business
Administration Inspector General found that the program may have failed to
provide loans to rural and minority- and women-owned businesses. In addition,
many business owners have complained the program’s rules on the use of funds
are too restrictive, and that aid cannot be used for critical expenses,
including rent and utilities; and
Whereas, Creating the COVID-19
Business and Employee Continuity and Recovery Fund would address the shortfalls
of the PPP and provide much needed relief to small businesses. The recovery
fund would provide grants to businesses to be used for essential operating
expenses. The program would give priority to businesses in rural communities
and those owned by women or minorities; now, therefore, be it
Resolved by the House of
Representatives, That we memorialize the Congress of the United States to take
action to support small businesses and create the COVID-19 Business and
Employee Continuity and Recovery Fund; 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.
The resolution was referred to the Committee on Commerce and Tourism.
Reps. Yancey, Cynthia Johnson, Tyrone Carter, Pohutsky, Ellison, Cynthia
Neeley, Witwer, Liberati, Peterson, Cherry,
Sneller, Anthony, Tate, Hammoud, Camilleri, Guerra, Manoogian, Gay-Dagnogo,
Clemente, Koleszar, Bolden, Kuppa, Hood, Rabhi, Brenda Carter, Hoadley,
Wittenberg, Stone, Sabo, Lasinski, Warren, Jones, Brixie, Sowerby, Chirkun,
Hertel, Elder, Garrett, Schroeder, Yaroch, Haadsma, Love, VanSingel, Hope,
Cambensy, Coleman, Byrd, Garza, Calley, Crawford, Greig, Liberati and Pagan
offered the following resolution:
House Resolution No. 279.
A resolution to declare June 19,
2020, as Juneteenth Independence Day in the state of Michigan in recognition of
June 19, 1865, the date on which the end of slavery was finally announced in
every slave-holding state in the United States.
Whereas, News of the end of
slavery did not reach the frontier areas of the United States, in particular
the state of Texas and the other Southwestern states, until months after the
conclusion of the Civil War. This was nearly 2 1/2 years after President
Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863;
and
Whereas, On June 19, 1865, Union
soldiers, led by Major General Gordon Granger, arrived in Galveston, Texas,
with news that the Civil War had ended and that the enslaved were free; and
Whereas, African-Americans who
had been slaves in the Southwest celebrated June 19, commonly known as “Juneteenth
Independence Day”, as inspiration and encouragement for future generations; and
Whereas, African-Americans from
the Southwest have continued the tradition of observing Juneteenth Independence
Day for over 150 years; and
Whereas, Juneteenth Independence
Day celebrations have been held to honor African-American freedom while
encouraging self-development and respect for all cultures; and
Whereas, The faith and strength
of character demonstrated by former slaves and the descendants of former slaves
remain an example for all people of the United States, regardless of
background, religion, or race; and
Whereas, Slavery was not
officially abolished until the ratification of the 13th Amendment to the
Constitution of the United States in December 1865; and
Whereas, Over the course of its
history, the United States has grown into a symbol of democracy and freedom
around the world: now, therefore, be it
Resolved by the House of
Representatives, That the members of this legislative body declare June 19,
2020, as Juneteenth Independence Day in the state of Michigan in recognition of
June 19, 1865, the date on which the end of slavery was finally announced in
every slave-holding state in the United States.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Peterson, Brenda Carter, Bolden, Cynthia Johnson, Yancey, Garrett,
Rabhi, Love, Cherry, Crawford, Garza, Gay-Dagnogo, Greig, Haadsma, Hoadley,
Hope, Kuppa, Liberati, Pagan, Sneller, Sowerby, Stone and Witwer offered the
following resolution:
House Resolution No. 280.
A resolution to declare June 19,
2020, as World Sickle Cell Awareness Day in the state of Michigan.
Whereas, June 19th has been
officially designated as World Sickle Cell Awareness Day by the Sickle Cell
Disease Association of America; and
Whereas, The international
awareness day is observed annually with the goal to increase public knowledge
and an understanding of sickle cell disease and the challenges experienced by
patients and their families and caregivers; and
Whereas, Sickle cell disease
(SCD) is one of the most common inherited blood disorders affecting
approximately 100,000 children and adults in the nation. One in 365 African
Americans and 1 in 16,300 Hispanics have sickle cell disease; and
Whereas, There are more than
2,800 patients with sickle cell disease in Michigan; and
Whereas, Sickle cell disease is a
complex genetic disease involving multicellular adhesion between red blood
cells, white blood cells, platelets, and endothelial cells, resulting in
vaso-occlusive crises (VOCs); and
Whereas, VOCs are the hallmark of
sickle cell disease. These recurrent episodes induce severe pain, decrease
quality of life, can cause life-threatening complications, including stroke,
and are the primary cause of hospitalizations in sickle cell disease, and are
associated with increased mortality; and
Whereas, VOC is the number one
reason that patients with SCD visit the emergency room or are hospitalized; and
Whereas, The
estimated annual medical costs for SCD exceed $1.1 billion in the United
States. Eighty percent of overall treatment costs are
attributable to inpatient costs and $356 million in estimated annual costs for
emergency room visits; and
Whereas, High Medicaid costs stem
from “super utilizers”, patients with more than four hospital visits per year.
SCD was the fifth most common diagnosis among Medicaid “super utilizers”; and
Whereas, Access to care may be
challenging for patients with sickle cell disease. Due to a lack of physicians
experienced in treating sickle cell disease, many young adults transitioning
from pediatric care seek treatment in emergency settings; and
Whereas, Sickle cell was
medically recognized in 1910, but the first disease-modifying treatment was not
approved for use until 1998 and only three additional treatments have been
approved in the last four years, two of those in late 2019; and
Whereas,
More needs to be done to improve the quality of care for patients with SCD;
now, therefore, be it
Resolved by the House of
Representatives, That the members of this legislative body declare June 19,
2020, as World Sickle Cell Disease Awareness Day in the state of Michigan. We
urge increased awareness to the problems
caused by sickle cell disease.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Hoadley, Brenda Carter, Anthony, Clemente, Stone, Pohutsky,
Yancey, Wittenberg, Witwer, Guerra, Warren,
Lasinski, Ellison, Hood, Brixie, Hertel, Elder, Cherry, Chirkun, Liberati,
Tyrone Carter, Manoogian, Tate, Hope, Hammoud, Koleszar, Byrd, LaGrand,
Kuppa, Pagan, Haadsma, Cambensy, Kennedy, Cynthia Neeley, Sabo, Coleman,
Bolden, Greig, Garza, Camilleri, Love, Cynthia Johnson, Sowerby, Garrett, Shannon,
Brann, Gay-Dagnogo, Rabhi and Sneller offered the following resolution:
House Resolution No. 281.
A resolution to recognize June
2020 as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month in
the state of Michigan.
Whereas, Pride began 50 years ago
in 1970 with the one-year anniversary of the Stonewall Riots. In 1969, a black
trans 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. This multi-day
protest became known as the Stonewall Riots and is credited by many for
starting the modern-day LGBTQ equality movement; and
Whereas, That movement has marked
by tragedy, especially the slow and insufficient government response to assist
those with HIV/AIDS; by celebration, including the historic Obergefell Supreme
Court decision in 2015 which affirmed marriage equality nationwide; and by
struggle, notably the ongoing effort to include discrimination protections for
the LGBTQ community in state and federal law; and
Whereas, Michigan’s LGBTQ
community is not protected from discrimination in housing, employment, or
public accommodation. The decades-old 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
Legislature; and
Whereas, Everyone in Michigan
benefits from the multiple talents, viewpoints, and cultural backgrounds of all
of its residents. 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, Michigan should expend
all efforts to attract and retain talent. 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, The people of Michigan
understand, appreciate, and value the cultural, civic, and economic
contributions of the 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 House of
Representatives, That the members of this legislative body recognize June 2020
as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month in the
state of Michigan.
The resolution was referred to the Committee on Government Operations.
______
Rep. Cole moved that House
Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and
made available electronically on Wednesday, June 17:
House Bill Nos. 5861 5862 5863 5864
The Clerk
announced that the following Senate bills had been received on Thursday, June
18:
Senate Bill Nos. 659 850 852 935 936 937
Reports of Select Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Hall, Chair, of the Joint Select Committee on the COVID-19 Pandemic,
was received and read:
Meeting held on: Thursday, June
18, 2020
Present: Reps. Hall, Calley, O’Malley, Guerra, Tyrone Carter.
Sens.
Nesbitt, LaSata, Schmidt, Hertel and Hollier.
Messages from the Senate
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 248l (MCL 257.248l), as added
by 2018 PA 420.
The Senate has passed the bill.
The bill was read a first time by its
title and referred to the Committee on Regulatory Reform.
A bill
to create an industrial hemp program; to authorize certain activities involving
industrial hemp to require the registration of persons engaged in certain
activities; to provide for the sampling and testing of industrial hemp; to
provide for the collection of fees; to create certain funds; to provide for the
powers and duties of certain state departments and officers and state agencies
and officials; to prohibit certain acts; and to prescribe civil sanctions.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Agriculture.
A bill
to create an industrial hemp program; to authorize certain activities involving
industrial hemp to require the registration of persons engaged in certain
activities; to provide for the sampling and testing of industrial hemp; to
provide for the collection of fees; to create certain funds; to provide for the
powers and duties of certain state departments and officers and state agencies
and officials; to prohibit certain acts; and to prescribe civil sanctions.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Agriculture.
A bill
to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL
205.96), as amended by 2014 PA 426, and by adding section 6d.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on Tax
Policy.
A bill
to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6
(MCL 205.56), as amended by 2014 PA 425, and by adding section 6d.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on Tax
Policy.
A bill
to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections
703 and 705 (MCL 206.703 and 206.705), section 703 as amended by 2016 PA 158
and section 705 as amended by 2011 PA 192.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on Tax
Policy.
Messages from the Governor
The following message from the Governor
was received June 17, 2020 and read:
EXECUTIVE
ORDER
No.
2020-125
Clarifying
WDCA Eligibility for Workplace Exposure to COVID-19
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency
Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the
Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended (EPGA),
MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed by
the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded on
Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the Emergency Powers of the Governor Act, as well as
Executive Order 2020-68 to issue new emergency and disaster declarations under
the Emergency Management Act.
These
executive orders have been challenged in Michigan
House of Representatives and Michigan Senate v.
Whitmer. On May 21, 2020, the Court of
Claims ruled that Executive Order 2020-67 is a valid exercise of authority
under the Emergency Powers of the Governor Act but that Executive Order 2020-68
is not a valid exercise of authority under the Emergency Management Act. Both
of those rulings are being challenged on appeal.
On May 22, 2020, I issued
Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a
disaster and emergency throughout the State of Michigan. That order constituted
a state of emergency declaration under the Emergency Powers of the Governor Act
of 1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature had declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke the Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the
Emergency Management Act when emergency and disaster conditions exist yet the
legislature has not granted an extension request, they too provide a sufficient
legal basis for this order.
Michigan’s COVID-19-response
workers face regular exposure to a deadly and highly contagious virus. They do
so to ensure that Michiganders have access to emergency medical care; that
Michigan’s laws are enforced; that prisoners and pretrial detainees in state
and local custody receive their constitutionally guaranteed rights; and that
the safety and security of the State and its citizens remains protected.
The Workers’ Disability
Compensation Act of 1969 (WDCA), MCL 418.101 et seq., affords important
protections to Michigan’s workers and employers. In effectuating these
protections, section 418.401 of the WDCA requires an employee seeking
entitlement to wage-loss benefits to demonstrate, in part, the existence of a
work-related injury that prevents the employee from performing his or her job
duties. But due to the possibility of asymptomatic transfer of COVID-19,
requiring a COVID-19-response employee to affirmatively demonstrate that they
contracted COVID-19 in the course of their employment unduly shifts risk to the
worker, and may therefore hinder Michigan’s emergency response by undermining
confidence in the worker’s compensation system among the most critical members
of the workforce.
Accordingly, acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. “COVID-19-response employee” means an employee
whose job responsibilities require them to have regular or prolonged contact
with COVID-19 in the course of their employment. For purposes of this order,
the following individuals are COVID-19-response employees:
(a) A person who is required to report to work in
one of the following workplaces:
(1) An ambulance operation, as that term is
defined in section 20902(5) of the Public Health Code, 1978 PA 368, as amended,
MCL 333.20902(5), including advanced mobile emergency care services;
(2) A county medical care facility, as that term
is defined in section 20104(3) of the Public Health Code, MCL 333.20104(3);
(3) An emergency response service, as that term is
defined in section 102(m) of the Emergency 9-1-1 Service Enabling Act, 1986 PA
32, as amended, MCL 484.1102(m);
(4) A home for the aged, as that term is defined
in section 20106(3) of the Public Health Code, MCL 333.20106(3);
(5) A hospice, as that term is defined in section
20106(4) of the Public Health Code, MCL 333.20106(4);
(6) A hospital, as that term is defined in section
20106(5) of the Public Health Code, MCL 333.20106(5); or
(7) A nursing home, as that term is defined in
section 20109(1) of the Public Health Code, MCL 333.20109(1).
(b) A person working in a home health agency, as
that term is defined in section 20173a(15)(f) of the Public Health Code, MCL
333.20173a(15)(f), or a visiting nurse association, who is required to provide
in-person medical care to patients.
(c) In addition to those persons identified in
section 3(a) and (b) of this order, any person working as a physician,
physician assistant, licensed practical nurse, registered professional nurse,
medical first responder, nurse, emergency medical technician, emergency medical
technician specialist, paramedic, or respiratory therapist who is required to
provide in-person medical care to patients.
(d) A law enforcement officer, as that term is
defined in section 2(f) of the Michigan Commission on Law Enforcement Standards
Act, 1965 PA 203, as amended, MCL 28.602(f), to the extent the law enforcement
officer is required to report to work and interact with the general public.
(e) A motor carrier officer within the Michigan
Department of State Police as described in section 6d of the Michigan
State Police Act, 1935 PA 59, as amended, MCL 28.6d.
(f) A firefighter, as that term is defined in
section 1(n) of the Fire Prevention Code, 1941 PA 207, as amended, MCL 29.1(n).
(g) A member of an emergency rescue team, as
described in section 161(j) of the WDCA, MCL 418.161(j), to the extent that the
member is required to report to work and interact with the general public.
(h) A volunteer civil defense worker, as described
in section 161(g) of the WDCA, MCL 418.161(g), to the extent that the worker is
required to report to work.
(i) An on-call member of a life support agency,
as described in section 161(h) and (i) of the WDCA, MCL 418.161(h) and (i), to
the extent the member is required to report to work.
(j) A state or local government employee that is
required to work within the secured perimeter of a penal institution, including
but not limited to correctional facilities, jails, and detention centers.
2. For purposes of the WDCA, and subject to
rebuttal by specific facts to the contrary, a first-response employee who is
confirmed as COVID-19 positive on or after March 18, 2020, either by physician
or by test, shall be presumed to have suffered a “personal injury,” as that
term is defined by section 401(2)(b) of the WDCA, MCL 418.401(2)(b).
3. The Director of the Department of Labor and
Economic Opportunity (LEO) is authorized to issue orders and directives necessary
to implement this executive order.
4. This order replaces the emergency rules that
LEO filed with the Secretary of State on March 30, 2020; those rules are hereby
suspended.
5. If any portion of this order is finally
adjudicated invalid, section 4 is void.
6. This order is effective immediately and does
not terminate until the end of the states of emergency and disaster declared in
Executive Order 2020-99 or the end of any subsequently declared states of
disaster or emergency arising out of the COVID-19 pandemic, whichever comes
later.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 17, 2020
Time: 7:44 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received June 17, 2020 and read:
EXECUTIVE
ORDER
No.
2020-126
Temporary
safety measures for food-selling establishments and pharmacies and temporary
relief from requirements applicable to the renewal of licenses for the
food-service industry
Rescission
of Executive Order 2020-109
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq.,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended
(EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the Emergency Powers of the Governor Act, as well as
Executive Order 2020-68 to issue new emergency and disaster declarations under
the Emergency Management Act.
Those executive orders have been
challenged in Michigan House of Representatives
and Michigan Senate v Whitmer. On May 21, 2020, the Court of Claims
ruled that Executive Order 2020-67 is a valid exercise of authority under the
Emergency Powers of the Governor Act but that Executive Order 2020-68 is not a
valid exercise of authority under the Emergency Management Act. Both of those
rulings are likely to be appealed.
On May 22, 2020, I issued
Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a
disaster and emergency throughout the State of Michigan. That order constituted
a state of emergency declaration under the Emergency Powers of the Governor Act
of 1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the
Emergency Management Act when emergency and disaster conditions exist yet the
legislature has not granted an extension request, they too provide a sufficient
legal basis for this order.
The COVID-19 pandemic has created
the risk of COVID-19 exposure in food-selling establishments and pharmacies.
Given the need to protect employees and the public from exposure to COVID-19,
it is necessary and reasonable to impose standards for food-selling
establishments and pharmacies to reduce the risk of COVID-19 exposure and
disease transmission. In addition, the COVID-19 pandemic has placed an
immediate and unprecedented strain on Michigan’s food service industries, local
health departments, and the Michigan Department of Agriculture and Rural
Development (MDARD). Given the additional workload of local health departments
and MDARD due to the COVID-19 pandemic, and given these agencies’ statutorily
defined role in the renewal of licenses for the food service industry, it is
also necessary and reasonable to provide limited and temporary relief from
certain licensing requirements and regulations.
Executive Order 2020-109 provided
the protections and relief described above. Because it remains necessary and
reasonable to limit exposure to COVID-19 in food-selling establishments and
pharmacies, this order extends those protections and that relief with narrow
modifications.
With this order, Executive Order
2020-109 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Any individual who enters a food-selling
establishment or pharmacy who is able to medically tolerate a face covering
must wear a covering over his or her nose and mouth, such as a homemade mask,
scarf, bandana, or handkerchief.
2. Grocery stores and pharmacies must create at
least two hours per week of dedicated shopping time for vulnerable populations,
which for purposes of this order are people over 60, pregnant people, and those
with chronic conditions, including heart disease, diabetes, and lung disease.
3. Food-selling establishments and pharmacies
must deploy strategies to reduce COVID-19 exposure for their customers and
employees consistent with the strategies described in Executive Order 2020‑114
or any order that follows from it, as well as the following:
(a) Provide access to handwashing facilities,
including those available in public restrooms;
(b) Require checkout employees to wear coverings
over their noses and mouths, such as homemade masks, scarves, bandanas, or
handkerchiefs;
(c) Allow employees sufficient break time to wash
hands as needed;
(d) Use best efforts to ensure checkout employees
to disinfect their hands between orders to prevent cross-contamination;
(e) Use best efforts to provide employees and
customers access to an alcohol-based hand sanitizer that contains at least 60% alcohol,
as recommended by the Centers for Disease Control and Prevention (CDC);
(f) Use best efforts to provide disinfecting
wipes at cash registers and entrance points for customers to disinfect carts
and baskets, as well as at other appropriate locations;
(g) Ensure that both employees and customers
remain at least six feet apart to the maximum extent possible, including during
employee breaks, for example by reviewing floor plans, creating temporary
barriers, designating aisles as one-way only, and demarcating queueing
distances;
(h) Close self-serve prepared food stations such
as salad bars;
(i) Eliminate free samples and tasting stations;
(j) Adopt procedures to meet the environmental
cleaning guidelines set by the CDC, including by cleaning and disinfecting
frequent touchpoints throughout the day such as point of sale terminals at
registers, shopping carts, and shopping baskets;
(k) Prohibit employees who are sick from reporting
to work and send employees home if they display symptoms of COVID-19. Employees
who test positive for COVID-19 or who display one or more of the principal
symptoms of COVID-19 should follow the procedures of Executive Order 2020-36 or
any order that follows from it;
(l) Accommodate employees who fall within a
vulnerable population by providing lower-exposure work assignments or giving
them the option to take an unpaid leave of absence with a return date
coinciding with the end of the declared states of emergency and disaster, or
July 15, 2020, whichever is later. Nothing in this executive order
abrogates any right to disability benefits. Employees who take an unpaid leave
of absence as described in this subsection are encouraged to apply for
unemployment benefits;
(m) Close to the public for sufficient time each
night to allow stores to be properly sanitized;
(n) Encourage cash transactions to be processed at
self-checkout kiosks when possible; and
(o) Adhere to all applicable safeguards, including
but not limited to conducting a daily self-screening protocol for all employees
and contractors, that are required under Executive Order 2020-114 or any
order that may follow from it.
3. Vendors moving between food-selling
establishments must frequently clean and disinfect frequent touch points.
4. If an employee at a food-selling establishment
tests positive for COVID-19, the establishment must notify food vendors and
other employees of the positive test result as soon as possible and in no case
later than 12 hours after receiving the test result, without revealing the
personal health-related information of any employee.
5. Strict compliance with sections 3119, 4109,
4113, and 4115 of the Food Law, 92 PA 2000, as amended, MCL 289.3119, MCL
289.4109, MCL 289.4113, and MCL 289.4115, is temporarily suspended to the
extent necessary to extend the deadline for local health departments to submit
fees under section 3119, and to extend the license and registration expiration
dates under sections 4109 and 4115, until 60 days after the end of the states
of emergency and disaster declared in Executive Order 2020-99 or the end of any
subsequently declared states of disaster or emergency arising out of the
COVID-19 pandemic, whichever comes later. Furthermore, late fees shall not be
assessed under sections 4113 or 4115 during the 2020–2021 license year.
6. Strict compliance with subsection 6137 of the
Food Law, MCL 289.6137, is suspended to the extent necessary to make a license
holder eligible for a special transitory temporary food unit for the
2020–2021 licensing year, even if the license holder received only 1 evaluation
during the
2019–2020 licensing year.
7. For the purposes of this order, “food-selling
establishments” means grocery stores, convenience stores, restaurants that sell
groceries or food available for takeout, and any other business that sells
food.
8. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order, excepting section 1 of this order, is a
misdemeanor.
9. This order is effective immediately and
continues through July 15, 2020.
10. Executive Order 2020-109 is rescinded.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 17, 2020
Time: 7:47 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
Introduction of Bills
Reps. Hope, Hood, Cherry, Kennedy,
Kuppa, Koleszar, Stone, Sowerby, Brixie, Sabo, Rabhi, Greig and Hoadley
introduced
House Bill No. 5865, entitled
A bill to amend 2013 PA 240, entitled “Michigan
state capitol historic site act,” by amending section 6 (MCL 4.1946).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Eisen, Wakeman, O’Malley, Markkanen,
Hornberger, Paquette, Bollin and Slagh introduced
House Bill No. 5866, 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 sections 5a and 5b (MCL 28.425a and 28.425b), as amended
by 2017 PA 95.
The bill was read a first time by its title and referred to the
Committee on Judiciary.
House Bill No. 5867, entitled
A bill to amend 1984 PA 270,
entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding
section 16.
The bill was read a first time by
its title and referred to the Committee on Commerce and Tourism.
House Bill No. 5868, entitled
A bill to amend 1984 PA 270, entitled “Michigan
strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Reps. Camilleri, Sowerby,
Pohutsky, Pagan, Wittenberg, Rabhi, Gay-Dagnogo, Hammoud, Cynthia Neeley, Kennedy, Stone, Cynthia Johnson, Peterson,
Cherry, Sneller, Hood, Brenda Carter, Guerra, Manoogian, Yancey, Hope, Haadsma,
Tyrone Carter, Ellison and Bolden introduced
House Bill No. 5869, entitled
A bill to amend 1941 PA 122, entitled “An act
to establish the revenue collection duties of the department of treasury; to
prescribe its powers and duties as the revenue collection agency of this state;
to prescribe certain powers and duties of the state treasurer; to establish the
collection duties of certain other state departments for money or accounts owed
to this state; to regulate the importation, stamping, and disposition of
certain tobacco products; to provide for the transfer of powers and duties now
vested in certain other state boards, commissions, departments, and offices; to
prescribe certain duties of and require certain reports from the department of
treasury; to provide procedures for the payment, administration, audit,
assessment, levy of interests or penalties on, and appeals of taxes and tax
liability; to prescribe its powers and duties if an agreement to act as agent
for a city to administer, collect, and enforce the city income tax act on
behalf of a city is entered into with any city; to provide an appropriation; to
abolish the state board of tax administration; to prescribe penalties and
provide remedies; and to declare the effect of this act,” by amending section
28 (MCL 205.28), as amended by 2017 PA 215.
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
Reps. Camilleri, Sowerby,
Pohutsky, Pagan, Wittenberg, Rabhi, Gay-Dagnogo, Hammoud, Cynthia Neeley, Kennedy, Stone, Cynthia Johnson, Peterson,
Cherry, Sneller, Hood, Brenda Carter, Guerra, Manoogian, Yancey, Hope, Haadsma,
Garza, Tyrone Carter, Ellison and Bolden introduced
House Bill No. 5870, entitled
A bill to amend 1984 PA 270, entitled “Michigan
strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 16.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
House Bill No. 5871, entitled
A bill to amend 1984 PA 270, entitled “Michigan
strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
House Bill No. 5872, entitled
A bill to amend 1984 PA 270, entitled “Michigan
strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
House Bill No. 5873, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending section 3406o (MCL 500.3406o), as amended
by 2016 PA 276, and by adding section 3406v.
The bill was read a first time by its title
and referred to the Committee on Insurance.
Reps. Hertel, Hammoud, Kuppa, Hood, Cynthia
Johnson, Peterson, Manoogian, Gay-Dagnogo, Camilleri, Garza, Tyrone Carter,
Bolden and Stone introduced
House Bill No. 5874, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 17751 (MCL 333.17751), as amended by 2020 PA
4, and by adding section 17751a.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
Rep. Glenn introduced
House Bill No. 5875, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding section 16307a.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
______
Rep. Steven Johnson moved that the House adjourn.
The motion prevailed, the time being 12:00 Noon.
GARY L. RANDALL
Clerk of the House of
Representatives