STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2020
House Chamber, Lansing, Monday, August 17, 2020.
10:00 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—present Rabhi—present
Albert—present Frederick—present Kahle—present Reilly—present
Alexander—present Garrett—present Kennedy—present Rendon—present
Allor—present Garza—present Koleszar—present Sabo—present
Anthony—present Gay-Dagnogo—present 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—present 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—excused 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—excused Neeley, C.—present Whitsett—present
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—excused Johnson,
C.—present Peterson—present Yancey—present
Ellison—present Johnson,
S.—present Pohutsky—present Yaroch—present
Farrington—present
e/d/s = entered during session
Speaker Lee Chatfield, from the 107th
District, offered the following invocation:
“Father in heaven, Lord, we are
incredibly grateful to be here in Your presence this morning. We thank You for
the many blessings You give us each and everyday, we thank You for the
opportunity that You have given us to serve within this Chamber. Lord, we
readily admit that we do not have all the answers and we ask that You would
shine upon us, Your wisdom. Lord, give us discretion today. Give us humility to
deal with others who have differences of opinion and Lord, I pray that You
would put a special hand of protection on our country and our state. I pray
that You would be with our Legislative leaders. I pray that You would be with
President Trump. I pray that You would watch over Governor Whitmer. I pray that
You would watch over all legislative leaders in this state. Lord, I pray that
You would give us, not only the wisdom, discretion and humility, but the
fortitude to carry out what we believe is right. I pray that You would be with
us today, watch over us and bless these proceedings. We pray all these things
in the name of our Lord and Savior, Jesus Christ, Amen.”
______
The
Speaker called Associate Speaker Pro Tempore Lilly to the Chair.
______
Rep.
Cole moved that Reps. Elder, Howell and Marino be excused from today’s session.
The
motion prevailed.
Motions and Resolutions
Reps. Pohutsky, Love, Coleman, Stone, Brenda Carter and Bolden offered
the following resolution:
House Resolution No. 299.
A resolution to urge the Congress
of the United States to enact legislation that ensures the safety of nursing
home residents and staff during the COVID-19 Pandemic.
Whereas, Nursing home residents
tend to be older adults with underlying chronic medical conditions, which makes
them particularly vulnerable to the serious complications of COVID-19. There
have been more than 240,000 cases of COVID-19 in long-term care facilities, and
deaths in long-term care facilities have surpassed 50,000 people, making up a
shocking 40 to 45 percent of all deaths from COVID-19 across the country; and
Whereas, Nursing homes must
implement polices and procedures and have adequate resources to protect
residents and workers from COVID-19. Ensuring proper staffing and access to
testing and personal protective equipment are essential to prevent
cross-contamination. Some nursing home workers lack access to paid sick leave,
which increases the risk that workers continue to work while sick and spread
the virus to residents and coworkers; and
Whereas, Enacting legislation to
protect nursing home residents and workers, such as the Quality Care for
Nursing Home Residents and Workers During COVID-19 Act of 2020 (H.R. 6698 and
S. 3644), would ensure that nursing facilities maintain their quality of care,
worker safety, and transparency during the COVID-19 public health emergency.
This legislation would require Medicare skilled nursing facilities and Medicaid
nursing facilities to perform COVID-19 testing for residents and employees,
provide employees with at least two weeks of paid sick leave, and require daily
reporting of COVID-19 cases and deaths. Additionally, funding from the Centers
for Medicare and Medicaid would allow states to establish teams to quickly
respond to the emergence of new COVID-19 cases in nursing homes; and
Whereas, Given the high death
tolls in nursing homes across the United States, we need urgent action to
protect our most vulnerable citizens from COVID-19 and support the selfless
workers who care for them; now, therefore, be it
Resolved by the House of
Representatives, That we urge the Congress of the United States to enact
legislation that ensures the safety of nursing home residents and staff during
the COVID-19 Pandemic; and be it further
Resolved, That copies of this
resolution be transmitted to the President of the United States Senate, the
Speaker of the United States House of Representatives, and the members of the
Michigan congressional delegation.
The resolution was referred to the Committee on Health Policy.
Reps. Love, Pohutsky, Stone, Coleman, Garrett, Sneller, Hood, Cynthia
Johnson, Hope, Hertel, Kuppa, Tyrone Carter, Ellison, Kennedy, Bolden, Brenda
Carter and Lasinski offered the following resolution:
House Resolution No. 300.
A resolution to memorialize the
Congress of the United States to enact legislation that forgives student loan
debt for healthcare workers.
Whereas, The COVID-19 Pandemic
has dramatically affected life for every American. In Michigan alone, tens of
thousands have been infected, and more than 6,000 residents have lost their
lives. Nationally, these figures stand at more than 3 million cases and more
than 140,000 deaths; and
Whereas, Healthcare workers have
been risking their lives on the front lines of this crisis. Throughout the
Pandemic, hospital staff have put themselves at risk to treat those who have
been infected. Likewise, nursing home employees have faced dangerous conditions
while caring for infected residents and protecting those who have not been
exposed to the virus. Hundreds of front line healthcare workers have died from
the virus; and
Whereas, Many healthcare workers
have made extraordinary sacrifices during this crisis. Thousands have been
unable to see their families for weeks at a time, fearing they would expose
loved ones to the virus. Others have traveled to help treat patients at virus
hotspots, voluntarily putting themselves at severe risk of infection. Nursing
home employees have worked with limited protections as they watched residents
with whom they had formed connections suffer from the virus; and
Whereas, Healthcare workers are
burdened by crushing levels of student debt accrued while training for their
careers. Nearly 75 percent of medical school graduates have student loan debt
averaging more than $200,000 each. Nurses and nursing assistants generally have
tens of thousands of dollars in student debt; and
Whereas, Forgiving these loans is
the right thing to do to repay these selfless workers for the sacrifices they
have made. These debts were accrued while learning the skills used to save
lives during the Pandemic. It would be an important demonstration of our
appreciation for their efforts to ensure that these workers do not continue to
be burdened by this debt; now, therefore, be it
Resolved by the House of
Representatives, That we memorialize the Congress of the United States to enact
legislation that forgives student loan debt for healthcare workers; and be it further
Resolved, That copies of this
resolution be transmitted to the President of the United States Senate, the
Speaker of the United States House of Representatives, and the members of the
Michigan congressional delegation.
The resolution was referred to the Committee on Education.
Rep. Elder offered the following resolution:
House Resolution No. 301.
A resolution to join with the
Michigan Civil Rights Commission in requesting that Michigan Attorney General
Dana Nessel reconsider the opinion that certain migrant and seasonal farm
workers are not entitled to minimum wage under Michigan law.
Whereas, In 2017, Michigan
Attorney General Bill Schuette issued Opinion No. 7301, which stated that some
small Michigan farms can pay seasonal and migrant farm workers less than the
minimum wage under an exemption from federal minimum wage requirements; and
Whereas, Without minimum wage
protections, these workers may earn less than a living wage and be unable to
support themselves or their families. Many farm workers are paid at a piecework
rate, or a certain amount per quantity harvested. In 2015, a family of five
migrant workers was reported to earn less than $4 per hour while working
at an asparagus pickling operation in Oceana County; and
Whereas, Migrant and seasonal
farm workers are a critical part of Michigan’s food supply chain and economy.
In 2013, the Michigan Department of Civil Rights reported that there were
49,135 migrant and seasonal farm workers in Michigan, which ranked 5th in the
nation. These workers play an important role in the planting, cultivating,
harvesting, and packaging of crops worth an estimated $2.3 billion annually;
and
Whereas, The importance of these
workers has been reinforced by the recent COVID-19 Pandemic. While many
Michigan residents have been ordered to stay home to prevent the virus’ spread,
farm workers have been declared essential and have continued to work in these
dangerous conditions. It is unfair that any essential worker would lack the
most basic labor protections available to other workers; and
Whereas, Attorney General Opinion
No. 7301 may discourage migrant and seasonal farm workers from coming to
Michigan for work. These workers often work in several states each year, and
the lack of minimum wage protections may incentivize them to choose jobs in
other states. This may significantly affect Michigan farmers’ ability to employ
enough workers to harvest their entire crop, negatively impacting Michigan’s
economy; and
Whereas, In 2019, the Michigan
Civil Rights Commission requested that Attorney General Dana Nessel reconsider
the opinion issued by her predecessor to ensure the continued success of
Michigan’s vital agricultural industry; now, therefore, be it
Resolved by the House of
Representatives, That we join with the Michigan Civil Rights Commission in
requesting that Michigan Attorney General Dana Nessel reconsider Attorney
General Opinion No. 7301 that certain migrant and seasonal farm workers are not
entitled to minimum wage under Michigan law; and be it further
Resolved, That copies of this
resolution be transmitted to the Michigan Attorney General and the Chair of the
Michigan Civil Rights Commission.
The resolution was referred to the Committee on Commerce and Tourism.
Reps. Reilly and Gay-Dagnogo offered the following resolution:
House Resolution No. 302.
A resolution to declare September
24, 2020, as a Day of Prayer, Fasting, and Humiliation in the state of
Michigan.
Whereas, Our state and nation
cries out in pain, grief, anxiety, and worry; and
Whereas, We restate the proclamation
of President Lincoln: “it is fit and becoming in all people, at all times, to
acknowledge and revere the Supreme Government of God,” and “that the fear of
the Lord is the beginning of wisdom.”; and
Whereas, We humbly ask almighty
God in accordance with His sovereignty to heal our land of calamities,
division, anger, and strife; and
Whereas, We further quote
President Lincoln to, “earnestly recommend to all the People, and especially to
all ministers and teachers of religion of all denominations, and to all heads
of families, to observe and keep that day according to their several creeds and
modes of worship, in all humility and with all religious solemnity, to the end
that the united prayer of the nation may ascend to the Throne of Grace and bring
down plentiful blessings upon our Country”; and
Whereas, We have confidence that
in accordance with God’s will, our nation and state will be healed and unified;
now, therefore, be it
Resolved by the House of
Representatives, That the members of this legislative body declare September 24,
2020, as a Day of Prayer, Fasting, and Humiliation in the state of Michigan.
The resolution was referred to the Committee on Government Operations.
Second
Reading of Bills
Pending
the Second Reading of
House Bill No. 4483, entitled
A bill
to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to
380.1852) by adding section 1164c.
Rep.
Webber moved that the bill be re-referred to the Committee on Ways and Means.
The
motion prevailed.
By
unanimous consent the House returned to the order of
Messages
from the Senate
A bill to amend 1979 PA 94,
entitled “The state school aid act of 1979,” by amending sections 3, 6, 18,
23a, and 104 (MCL 388.1603, 388.1606, 388.1618, 388.1623a, and 388.1704),
section 3 as amended by 2017 PA 108, sections 6, 18, and 104 as amended by 2019
PA 58, and section 23a as amended by 2020 PA 22.
The Senate has substituted (S-1)
the bill.
The Senate has passed the bill as
substituted (S-1), ordered that it be given immediate effect and amended the
title to read as follows:
A bill to amend 1979 PA 94,
entitled “An act to make appropriations to aid in the support of the public
schools, the intermediate school districts, community colleges, and public
universities of the state; to make appropriations for certain other purposes
relating to education; to provide for the disbursement of the appropriations;
to authorize the issuance of certain bonds and provide for the security of
those bonds; to prescribe the powers and duties of certain state departments,
the state board of education, and certain other boards and officials; to create
certain funds and provide for their expenditure; to prescribe penalties; and to
repeal acts and parts of acts,” by amending sections 6, 6a, 11p, 104, 201c, and
236g (MCL 388.1606, 388.1606a, 388.1611p, 388.1704, 388.1801c, and 388.1836g),
sections 6 and 104 as amended by 2020 PA 146, section 6a as amended by
2007 PA 137, and sections 11p, 201c, and 236g as added by 2020 PA 146, and
by adding section 98a.
The Speaker announced that
pursuant to Rule 42, the bill was laid over one day.
Rep. Cole moved that Rule 42 be
suspended.
The motion prevailed, 3/5 of the
members present voting therefor.
The
question being on concurring in the substitute (S-1) made to the bill by the
Senate,
Rep. Kuppa moved to amend the Senate
substitute (S-1) as follows:
1. Amend
page 33, following line 26, by inserting:
“Sec. 35. (1) In addition to the funds
appropriated in section 11, there is appropriated an amount not to exceed
$1,600,000.00 from the general fund for grants to be distributed by the
department to districts for the implementation of teacher professional-learning
practices as described in subsection (3).
(2)
To receive a grant under this section, a district must apply for a grant in a
form and manner prescribed by the department.
(3)
A district that receives funding under this section must use the funding to
implement teacher professional-learning practices at schools operated by the
district that, at a minimum, meet all of the following:
(a)
Align with the teacher professional-learning practices and standards developed
by the governor’s education advisory council.
(b)
Are relevant and are based on applicable instructional areas, use the materials
teachers are using, involve local colleagues, and are related to local context.
(c)
Are supportive of new teachers by ensuring that new teachers receive
appropriate professional learning to increase the retention of teachers in the
profession and reduce teacher migration in the first 5 years of teaching.
(d)
Focus on quality and sustainability.
(e)
Are needs-driven and allow all educational personnel to exercise choice about
engaging in professional learning to ensure that the learning is based on
individual needs and the needs of the community.
(f)
Are inclusive and consider all educational personnel, including, but not
limited to, paraprofessionals, counselors, librarians, and social workers. The
practices must be relevant to the specific roles of educational personnel.
(g)
Are purposeful and the content included must be tied to either a long- or
short-term plan with built-in progress monitoring that is sustained and
job-embedded. A plan, as described in this subdivision, must be adjusted or
changed if it is not working or not being implemented in a way that is best for
staff growth.
(h)
Are peer-based by engaging, when possible and feasible, experts.
(i)
Are collaborative.
(j)
Are flexible.
(k)
Are culturally relevant.
(l)
Are focused on anti-racism practices, anti-bias practices, and social justice.
(m)
Prioritize a focus on, at a minimum, all of the following topics:
(i) Trauma-informed education.
(ii) Culturally relevant pedagogy and
leadership.
(iii) Building home supports and
relationships.
(iv) Building virtual-learning skills.
(v) Assessment and feedback.
(vi) Work-life balance.
(vii) Instructional resources.”.
Rep. Shannon moved to amend the Senate substitute (S-1) as follows:
1. Amend
page 33, following line 26, by inserting:
“Sec.
54d. (1) From the appropriations in section 11, there is allocated an amount
not to exceed $7,150,000.00 $8,350,000.00
for 2019-2020 to intermediate districts for the purpose of providing state
early on services pilot programs for children from birth to 3 years of age with
a developmental delay or a disability, or both, and their families, as
described in the early on Michigan state plan, as approved by the department.
(2) To be eligible to receive grant funding under this section, each
intermediate district shall apply in a form and manner determined by the
department.
(3) The grant funding allocated under this section must be used to
increase early on services and resources available to children that demonstrate
developmental delays to help prepare them for success as they enter school.
State early on services include evaluating and providing early intervention
services for eligible infants and toddlers and their families to address
developmental delays, including those affecting physical, cognitive,
communication, adaptive, social, or emotional development. Grant funds must not
be used to supplant existing services that are currently being provided.
(4) The department shall distribute the funds allocated under subsection
(1) to intermediate districts according to the department’s early on funding
formula utilized to distribute the federal award to Michigan under part C of
the individuals with disabilities education act. Funds received under this
section must not supplant existing funds or resources allocated for early on
early intervention services. An intermediate district receiving funds under
this section shall maximize the capture of Medicaid funds to support early on
early intervention services to the extent possible.
(5) Each intermediate district that receives funds under this section
shall report data and other information to the department in a form, manner,
and frequency prescribed by the department to allow for monitoring and
evaluation of the pilot projects and to ensure that the children described in
subsection (1) received appropriate levels and types of services delivered by
qualified personnel, based on the individual needs of the children and their
families.
(6) Notwithstanding section 17b, the department shall make payments
under this section on a schedule determined by the department.”.
Rep. Pohutsky moved to amend the Senate
substitute (S-1) as follows:
1. Amend
page 39, following line 15, by inserting:
“Sec. 98b. (1) In addition to the funds
appropriated in section 11, there is appropriated for 2019‑2020 an amount
not to exceed $1,750,000.00 from the general fund to Michigan Virtual. The
funds under this section must be used for the implementation of a program that
meets all of the criteria under subsection (2).
(2) The program funded under
subsection (1) must meet all of the following criteria:
(a) Offer educators, families,
children, teachers, and parents with free digital lessons focused on developing
social, emotional, and mental well-being skills.
(b) The lessons described in
subdivision (a) must be designed to support children in grades K to 12.
(c) Offer students access to age
and developmentally appropriate content to help them understand how to care for
their mental health, how to cope with intense feelings and anxiety, and how to
seek help.
(d) The lessons described in
subdivision (a) must help students continue to develop human skills, such as
digital citizenship, cyberbullying and stress management, and other skills,
such as time management, emotional self-care, and getting along and working
with others.
(e) Offer digital companion
guides that will support educators and parents by providing talking points
about each student topic.”.
Rep. Gay-Dagnogo moved to amend the Senate
substitute (S-1) as follows:
1. Amend
page 35, line 16, after “re-confirmed.” by striking out “Thirty days” and
inserting “At the start of the first quarter, trimester, or semester, as
applicable,”.
2. Amend
page 35, line 17, after “and” by inserting “at the start of”.
3. Amend
page 35, line 17, after “every” by striking out “30 days” and inserting “quarter,
trimester, or semester, as applicable,”.
Rep. Tate moved to amend the Senate substitute (S-1) as follows:
1. Amend
page 39, following line 15, by inserting:
“Sec.
99a. (1) In addition to the funds appropriated in section 11, there is
appropriated for 2019-2020 an amount equal to $1,800,000.00 from the general
fund for a grant to be distributed by the department to a community licensed
public television station in this state to provide direct services to
educators, parents, and informal and formal caregivers to improve school
readiness. These direct services and supports must include, but are not limited
to, reading and literacy, community education camps, and professional
development training programs.
(2) Notwithstanding section 17b,
the department shall make 15 grant payments under this section on a schedule
determined by the department.”.
Rep. Wittenberg moved to amend the Senate
substitute (S-1) as follows:
1. Amend
page 3, line 22, after “district,” by striking out the balance of the line
through “times” on line 25 and inserting “the greater of the district’s,
public school academy’s, intermediate district’s, or community district’s
2019-2020 membership as calculated under this section in 2019-2020 or”.
Rep. Koleszar moved to amend the Senate
substitute (S-1) as follows:
1. Amend
page 43, line 26, after “(8)” by striking out the balance of the line through “meet”
on line 27 and inserting “A district may accomplish”.
2. Amend
page 43, line 27, after “following” by striking out “requirements:” and
inserting a colon.
3. Amend
page 43, line 29, after “district” by striking out “shall” and inserting “may”.
4. Amend
page 44, line 7, after “district” by striking out “shall” and inserting “may”.
5. Amend
page 44, line 19, after “subsection” by striking out “(14),” and inserting “(13),”.
6. Amend
page 45, line 6, after “assessments” by striking out “toward meeting the
requirement under” and inserting “for the purpose of”.
7. Amend
page 45, line 21, by striking out all of subsection (12) and renumbering the
remaining subsections.
Rep. Love moved to amend the Senate substitute
(S-1) as follows:
1. Amend
page 37, line 19, after “each” by striking out “month” and inserting “quarter”.
The
question being on concurring in the substitute (S-1) made to the bill by the
Senate,
The substitute (S-1) was concurred in, a majority of the members serving
voting therefor, by yeas and nays, as follows:
Roll Call No. 344 Yeas—73
Afendoulis Frederick LaGrand Slagh
Albert Glenn Lasinski Sneller
Alexander Green Leutheuser Sowerby
Allor Greig Liberati Stone
Bellino Griffin Lightner Tate
Berman Haadsma Lilly VanSingel
Brann Hall Maddock VanWoerkom
Brixie Hauck Markkanen Vaupel
Byrd Hertel Meerman Wakeman
Calley Hoadley Miller Warren
Chatfield Hood Mueller Webber
Cherry Hornberger Neeley, C. Wendzel
Cole Huizenga O’Malley Wentworth
Coleman Iden Rendon Whiteford
Crawford Inman Sabo Whitsett
Eisen Jones Schroeder Witwer
Ellison Kennedy Shannon Wozniak
Farrington LaFave Sheppard Yaroch
Filler
Nays—33
Anthony Garrett Johnson, C. Pagan
Bolden Garza Johnson, S. Paquette
Bollin Gay-Dagnogo Kahle Peterson
Cambensy Guerra Koleszar Pohutsky
Camilleri Hammoud Kuppa Rabhi
Carter, B. Hernandez Love Reilly
Carter, T. Hoitenga Lower Wittenberg
Chirkun Hope Manoogian Yancey
Clemente
In The
Chair: Lilly
The
House agreed to the title as amended.
The
bill was referred to the Clerk for enrollment printing and presentation to the
Governor.
______
“Mr. Speaker and members of the
House:
Since the beginning of this
unprecedented COVID-19 pandemic, Michigan’s public school teachers and
administrators have been asking the Legislature to work with them on a plan for
the academic year that provides the guidance and flexibility necessary to keep
students, parents and teachers safe. Unfortunately, the package before us today
fell short of offering our schools the certainty and security they need during
this crisis.
While no compromise is perfect,
the benchmark testing and attendance requirements outlined in this legislation
create additional challenges for students and teachers as they adjust to new
instructional methods during an already extremely stressful time. Additionally,
requiring school boards to reauthorize their extended learning plan every month
places an additional burden on local school boards, administrators and teachers
when their most important priority must be ensuring students receive the
instructional support they deserve.
I voted no on HB 5911 – 5913
because this legislation creates high stakes testing, places an undue
administrative burden when our students, teachers, administrators and parents
must focus on our students’ safety and educational needs.”
Rep. Cynthia Johnson, having
reserved the right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the
House:
This Bill and its companion Bills
will harm School Districts like Detroit and other Districts wishing to protect
their families. The school districts will lose funding because many families,
including mine, are scared and will not gamble their children and families
lives by sending their children to a physical brick and mortar for face to face
learning. We all know that in class learning is best, but because of the
pandemic and because of all of the thousands of COVID-19 deaths, this bill
package is not helping those who feel safer being taught online or virtual
learning. These bill packages are forcing in person teaching and these bills
are nothing more than going along with the President of the United States
unreasonable stance and threat to districts by holding funding from them when
students don’t attend. COVID-19 is real and all districts are not prepared. I’ve
not seen a mandate for all districts to ensure air quality systems are up to
date and safe. This is unfortunate.”
Rep. Love, having reserved the
right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the
House:
These are unprecedented times.
COVID-19 has caused great devastation across numerous industries and our school
systems were not spared. As parents and schoolchildren ponder how they’ll
manage this new method of schooling and educators prepare to administer
necessary and meaningful learning experiences, it is imperative that we not add
excessive burdens and penalize school districts for unrealistic requirements
during. While this bill package earnestly starts to attempt to provide
flexibility, its monthly student contact reporting requirement along with the
75/25 student count formula which is punitive for school district prevents me
from supporting this bill package. Superintendents throughout my district
agree, these package of bills simple do not do enough to assist school district
and aid in the execution of educating our students.”
Rep. Bollin, having reserved the
right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the
House:
Brighton Area Schools is a large
district in my area that will be potentially harmed with the student count
formula due to the increase in their school choice students and proposed
penalties.”
A bill to amend 1979 PA 94,
entitled “The state school aid act of 1979,” by amending section 101 (MCL
388.1701), as amended by 2019 PA 58.
The Senate has substituted (S-2)
the bill.
The Senate has passed the bill as
substituted (S-2), ordered that it be given immediate effect and pursuant to
Joint Rule 20, inserted the full title.
The Speaker announced that
pursuant to Rule 42, the bill was laid over one day.
Rep. Cole moved that Rule 42 be
suspended.
The motion prevailed, 3/5 of the
members present voting therefor.
The
question being on concurring in the substitute (S-2) made to the bill by the
Senate,
Rep. Camilleri moved to amend the Senate
substitute (S-2) as follows:
1. Amend
page 7, line 2, after “district.” by striking out the balance of the line
through “75%.” on line 7.
Rep. Manoogian moved to amend the Senate
substitute (S-2) as follows:
1. Amend
page 7, line 2, after the first “district” by inserting a comma and “excluding pupils who are not in attendance
due to a COVID-19-related illness”.
2. Amend
page 7, line 4, after “year” by inserting “as described in this subdivision”.
The
question being on concurring in the substitute (S-2) made to the bill by the
Senate,
The substitute (S-2) was concurred in, a majority of the members serving
voting therefor, by yeas and nays, as follows:
Roll Call No. 345 Yeas—77
Afendoulis Frederick LaFave Sheppard
Albert Glenn LaGrand Slagh
Alexander Green Lasinski Sneller
Allor Greig Leutheuser Sowerby
Bellino Griffin Liberati Stone
Berman Haadsma Lightner Tate
Bollin Hall Lilly VanSingel
Brann Hauck Maddock VanWoerkom
Brixie Hertel Markkanen Vaupel
Byrd Hoadley Meerman Wakeman
Calley Hoitenga Miller Warren
Chatfield Hood Mueller Webber
Cherry Hornberger Neeley, C. Wendzel
Cole Huizenga O’Malley Wentworth
Coleman Iden Paquette Whiteford
Crawford Inman Rendon Whitsett
Eisen Jones Sabo Witwer
Ellison Kahle Schroeder Wozniak
Farrington Kennedy Shannon Yaroch
Filler
Nays—29
Anthony Garrett Johnson, C. Pagan
Bolden Garza Johnson, S. Peterson
Cambensy Gay-Dagnogo Koleszar Pohutsky
Camilleri Guerra Kuppa Rabhi
Carter, B. Hammoud Love Reilly
Carter, T. Hernandez Lower Wittenberg
Chirkun Hope Manoogian Yancey
Clemente
In The
Chair: Lilly
The
House agreed to the full title.
The bill
was referred to the Clerk for enrollment printing and presentation to the
Governor.
______
“Mr. Speaker and members of the
House:
Since the beginning of this
unprecedented COVID-19 pandemic, Michigan’s public school teachers and
administrators have been asking the Legislature to work with them on a plan for
the academic year that provides the guidance and flexibility necessary to keep
students, parents and teachers safe. Unfortunately, the package before us today
fell short of offering our schools the certainty and security they need during
this crisis.
While no compromise is perfect,
the benchmark testing and attendance requirements outlined in this legislation
create additional challenges for students and teachers as they adjust to new
instructional methods during an already extremely stressful time. Additionally,
requiring school boards to reauthorize their extended learning plan every month
places an additional burden on local school boards, administrators and teachers
when their most important priority must be ensuring students receive the
instructional support they deserve.
I voted no on HB 5911 – 5913
because this legislation creates high stakes testing, places an undue
administrative burden when our students, teachers, administrators and parents
must focus on our students’ safety and educational needs.”
Rep. Love, having reserved the
right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the
House:
These are unprecedented times.
COVID-19 has caused great devastation across numerous industries and our school
systems were not spared. As parents and schoolchildren ponder how they’ll
manage this new method of schooling and educators prepare to administer
necessary and meaningful learning experiences, it is imperative that we not add
excessive burdens and penalize school districts for unrealistic requirements
during. While this bill package earnestly starts to attempt to provide
flexibility, its monthly student contact reporting requirement along with the
75/25 student count formula which is punitive for school district prevents me
from supporting this bill package. Superintendents throughout my district
agree, these package of bills simple do not do enough to assist school district
and aid in the execution of educating our students.”
A bill to amend 1979 PA 94,
entitled “The state school aid act of 1979,” by amending section 21f (MCL
388.1621f), as amended by 2018 PA 265.
The Senate has substituted (S-1)
the bill.
The Senate has passed the bill as
substituted (S-1), ordered that it be given immediate effect and pursuant to
Joint Rule 20, inserted the full title.
The Speaker announced that
pursuant to Rule 42, the bill was laid over one day.
Rep.
Cole moved that Rule 42 be suspended.
The
motion prevailed, 3/5 of the members present voting therefor.
The
question being on concurring in the (S-1) made to the bill by the Senate,
The
substitute (S-1) was concurred in, a majority of the members serving voting
therefor, by yeas and nays, as follows:
Roll Call No. 346 Yeas—81
Afendoulis Glenn LaFave Shannon
Albert Green LaGrand Sheppard
Alexander Greig Lasinski Slagh
Allor Griffin Leutheuser Sneller
Bellino Haadsma Liberati Sowerby
Berman Hall Lightner Stone
Bollin Hauck Lilly Tate
Brann Hernandez Lower VanSingel
Brixie Hertel Maddock VanWoerkom
Byrd Hoadley Markkanen Vaupel
Calley Hoitenga Meerman Wakeman
Chatfield Hood Miller Warren
Cherry Hornberger Mueller Webber
Cole Huizenga Neeley, C. Wendzel
Coleman Iden O’Malley Wentworth
Crawford Inman Paquette Whiteford
Eisen Johnson,
S. Reilly Whitsett
Ellison Jones Rendon Witwer
Farrington Kahle Sabo Wozniak
Filler Kennedy Schroeder Yaroch
Frederick
Nays—25
Anthony Clemente Hope Pagan
Bolden Garrett Johnson, C. Peterson
Cambensy Garza Koleszar Pohutsky
Camilleri Gay-Dagnogo Kuppa Rabhi
Carter, B. Guerra Love Wittenberg
Carter, T. Hammoud Manoogian Yancey
Chirkun
In The
Chair: Lilly
The
House agreed to the full title.
The
bill was referred to the Clerk for enrollment printing and presentation to the
Governor.
“Mr. Speaker and members of the
House:
Since the beginning of this
unprecedented COVID-19 pandemic, Michigan’s public school teachers and
administrators have been asking the Legislature to work with them on a plan for
the academic year that provides the guidance and flexibility necessary to keep
students, parents and teachers safe. Unfortunately, the package before us today
fell short of offering our schools the certainty and security they need during
this crisis.
While no compromise is perfect,
the benchmark testing and attendance requirements outlined in this legislation
create additional challenges for students and teachers as they adjust to new
instructional methods during an already extremely stressful time. Additionally,
requiring school boards to reauthorize their extended learning plan every month
places an additional burden on local school boards, administrators and teachers
when their most important priority must be ensuring students receive the
instructional support they deserve.
I voted no on HB 5911 – 5913
because this legislation creates high stakes testing, places an undue
administrative burden when our students, teachers, administrators and parents
must focus on our students’ safety and educational needs.”
Rep. Love, having reserved the
right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the
House:
These are unprecedented times.
COVID-19 has caused great devastation across numerous industries and our school
systems were not spared. As parents and schoolchildren ponder how they’ll
manage this new method of schooling and educators prepare to administer
necessary and meaningful learning experiences, it is imperative that we not add
excessive burdens and penalize school districts for unrealistic requirements
during. While this bill package earnestly starts to attempt to provide
flexibility, its monthly student contact reporting requirement along with the
75/25 student count formula which is punitive for school district prevents me
from supporting this bill package. Superintendents throughout my district
agree, these package of bills simple do not do enough to assist school district
and aid in the execution of educating our students.”
By
unanimous consent the House returned to the order of
Motions
and Resolutions
Reps. Hammoud, Brixie, Manoogian, Camilleri, Pagan, Liberati, Cherry,
Afendoulis, Alexander, Allor, Anthony, Bellino, Berman, Bolden, Bollin, Brann,
Byrd, Calley, Cambensy, Brenda Carter, Tyrone Carter, Chirkun, Clemente,
Coleman, Crawford, Ellison, Filler, Garrett, Garza, Glenn, Greig, Guerra,
Hauck, Hertel, Hoadley, Hood, Hope, Huizenga, Iden, Inman, Cynthia Johnson,
Jones, Kahle, Kennedy, Koleszar, Kuppa, Lasinski, Leutheuser, Lightner, Lilly,
Love, Maddock, Markkanen, Meerman, Miller, Mueller, Neeley, O’Malley, Paquette,
Peterson, Pohutsky, Rabhi, Reilly, Rendon, Sabo, Schroeder, Shannon, Sheppard,
Slagh, Sneller, Sowerby, Stone, Tate, VanSingel, Vaupel, Wakeman, Warren,
Webber, Wendzel, Wentworth, Whiteford, Wittenberg, Witwer, Wozniak and Yaroch
offered the following resolution:
House Resolution No. 303.
A resolution to urge the Congress
and President of the United States to immediately send humanitarian aid to
Lebanon in response to the Beirut Port Explosion.
Whereas, On August 4, 2020, a
cache of the chemical substance ammonium nitrate which was being stored in a
warehouse on the Port of Beirut in Lebanon caught fire, resulting in an
explosion that killed more than 150 people and wounded over 5,000 others.
According to experts, the blast registered on seismographs at 3.3, and the
blast was the third most powerful explosion in history after Hiroshima and
Nagasaki in Japan during World War II; and
Whereas, In addition to the
tragic loss of life, the explosion has largely destroyed the port and its
infrastructure, which was responsible for 60 percent of Lebanon’s imports and
was one of the largest and busiest ports on the eastern Mediterranean Sea. As a
result of the explosion, most of the city’s grain reserves and food imports
were destroyed, which is likely to cause widespread food insecurity for years
to come. In addition, the city of Beirut is suffering billions in damages, with
the explosion shattering glass as far as 15 miles from the scene. In
response to the widespread devastation from the blast, a two-week state of
emergency has been declared; and
Whereas, The people of Lebanon
were already suffering from daily power outages, a lack of safe drinking water,
food and fuel shortages, and limited public health care before the explosion.
The COVID-19 Pandemic exacerbated these issues, resulting in Lebanon’s worst
economic crisis since the 1975-1990 Civil War. Now with the devastation from
the explosion, it has become nearly impossible for the Lebanese people to
obtain basic human rights without humanitarian aid; and
Whereas,
Rescue efforts have been hampered by the lack of electricity, and medical
professionals are stitching the wounded in the streets under their cellphone
lights. Public Health Minister Hamad Hassan said Lebanon’s health sector is
short of beds and lacked the equipment necessary to treat the injured and care
for patients in critical condition. Meanwhile, many buildings and homes have
been reduced to an uninhabitable mess of glass, leaving as many as 300,000
people homeless. Furthermore, the toxic gases released from the explosion,
combined with the impact of COVID-19 and the thick Mediterranean summer air,
have created a deeply oppressive atmosphere where the people of Beirut cannot
breathe; and
Whereas, Lebanon’s Prime Minister
Hassan Diab and his government have stepped down after citing mass corruption
that contributed to the disaster. Before the resignation, Prime Minster Hassan
Diab made a plea to other countries for aid. France, Russia, Iraq, and Iran
have sent planes full of doctors, medical supplies, medication, and more to
help Lebanon through this crisis; now, therefore, be it
Resolved by the House of
Representatives, That we urge the Congress and President of the United States
to send humanitarian aid in the form of medical supplies, medications, and
emergency funding to Lebanon in the wake of the Beirut Port Explosion; and be
it further
Resolved, That copies of this
resolution be transmitted to the President of the United States, the Speaker of
the United States House of Representatives, the President of the United States
Senate, and the Michigan congressional delegation.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Cole moved to suspend that portion of Rule 41 requiring bills to be
handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, a majority of the members present voting therefor.
______
Rep. Cole moved that House
Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Rep.
Cole moved that when the House adjourns today it stand adjourned until Tuesday,
September 1, at 1:30 p.m.
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, August 12:
House Bill Nos. 6102 6103 6104
The Clerk announced that the following bills had been
reproduced and made available electronically on Saturday, August 15:
Senate Bill Nos. 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071
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, August
13, 2020
Present: Reps. Hall, Calley, O’Malley, Guerra and Tyrone Carter
Sens.
Schmidt, Hertel and Hollier
Absent: Sens. Nesbitt and LaSata
Excused: Sen. Nesbitt and LaSata
The following message from the Governor
was received August 15, 2020 and read:
EXECUTIVE
ORDER
No.
2020-170
Temporary
COVID-19 protocols for entry into Michigan Department of Corrections facilities
and transfers to and from Department custody; temporary recommended COVID-19
protocols and enhanced early-release authorization for county jails, local
lockups, and juvenile detention centers
Rescission
of Executive Order 2020-146
The novel coronavirus presents an
unusually deadly threat to people living in congregate settings like jails and
prisons. In order to protect these vulnerable people, I took swift action in
March 2020 to stem the tide of COVID-19 in prisons and jails by ordering a
suspension of transfers from jails to prisons, and requiring the Department of
Corrections to implement certain risk reduction protocols. Under this order,
jails were allowed to resume transfers only upon demonstrating that they had implemented
comparable risk reduction protocols.
I am extremely proud of Michigan’s
efforts to expand testing, especially of vulnerable populations. Our state now
conducts the sixth-highest number of daily tests and requires testing in
congregate settings like nursing homes and agricultural worker housing. In
light of the ongoing threat of COVID-19 to jail and prison populations, and the
increased availability of testing in our state, it is now reasonable and
necessary to require entry, transfer, and release testing of inmates in
Michigan prisons, and to allow transfers only from jails that implement
comparable testing protocols.
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency
Management Act, 1976 PA 390, as amended (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 EPA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
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 being challenged on appeal.
On August 7, 2020, I issued
Executive Order 2020-165, 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.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Transfers
from jails to prisons. All transfers into the custody of the Department of
Corrections (“Department”) are temporarily suspended unless the transferring
jail or local lockup satisfactorily implements both the risk reduction
protocols described in section 2 and the testing protocols described in section
3. This section is effective immediately for jails that have not resumed transfers
into the Department under a prior version of this executive order, and
effective September 8, 2020 for jails that have resumed transfers into
Department custody under a prior version of this executive order.
(a) Beginning seven days from the effective date
of this order, and no more than once every seven days, a jail or local lockup
may request that the Director of the Department (“Director”) determine that the
jail or lockup has satisfactorily implemented both the risk reduction protocols
described in section 2 and the testing protocols described in section 3.
(b) Upon inspection, if the Director determines
that a jail or local lockup has satisfactorily implemented risk reduction
protocols and testing protocols, transfers from that jail or lockup will resume
in accordance with those protocols.
(c) Jails and local lockups must provide
documentation of each transferee’s testing history upon transfer. The Director
may reject transfers that do not pass the screening protocol for entry into a
facility operated by the Department.
(d) Parole violators in the Department’s custody
must not be transported to or lodged in a county jail or local lockup unless
the Director has determined that such county jail or local lockup has satisfactorily
implemented both the risk reduction protocols described in section 2 and the
testing protocols described in section 3.
2. Risk
reduction protocols. The Department must implement risk reduction protocols
to address COVID-19, including the following:
(a) Screening all persons arriving at or departing
from a facility, including staff, inmates, vendors, and any other person
entering the facility, in a manner consistent with guidelines issued by the
Centers for Disease Control and Prevention (“CDC”). Such screening includes a
temperature reading and obtaining information about travel and any contact with
persons under investigation for COVID-19 infection.
(b) Isolating and testing any inmate who has one
or more of the principal symptoms of COVID‑19, including fever, sore
throat, a new uncontrolled cough that causes difficulty breathing, diarrhea,
vomiting, abdominal pain, new onset of a severe headache, and new loss of taste
or smell.
(c) Restricting all visits, except for
attorney-related visits, and conducting those visits without physical contact
to the extent feasible.
(d) Coordinating with local public health
departments on isolation plans and outbreak response.
(e) Notifying the local public health department
of any suspected or confirmed case of COVID‑19.
(f) Providing, to the fullest extent possible,
appropriate personal protective equipment to all staff as recommended by the
CDC.
(g) To the extent feasible, opening windows and
doors, and using fans, to increase air circulation; considering taking
additional steps to improve ventilation in the facility, in consultation with
an HVAC professional, based on local environmental conditions.
(h) Conducting routine cleaning and sanitizing
consistent with CDC guidance, as provided at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/index.html
(i) Ensuring access to personal hygiene products
for inmates and correctional staff, including soap and water sufficient for
regular handwashing.
(j) Ensuring that protective laundering protocols
are in place.
(k) Posting signage and continually educating on
the importance of social distancing, handwashing, and personal hygiene.
(l) Requiring inmates and staff to practice
social distancing to the fullest extent feasible, and to wear facial coverings
when maintaining six feet of social distance from persons housed separately is
not possible.
(m) Minimizing crowding, including gatherings of 10
or more people, which may include scheduling more times for meal and recreation
to reduce person-to-person contact.
(n) During transport, ensuring that staff and
inmates wear facial coverings and maintain appropriate social distance,
including by reducing vehicle capacity.
3. Testing
protocols. Consistent with guidance issued by the Michigan Department of
Health and Human Services, the Department must conduct COVID-19 diagnostic
testing in all of its facilities as follows (obtaining consent of the
individual or other person legally authorized to make medical care decisions
for the individual):
(a) Except as otherwise provided in this
subsection, test all inmates entering a facility upon intake (within 24 hours),
or in the 72 hours prior to intake. Although testing is recommended for all
inmates entering a facility, this requirement does not apply to inmates held
outside general population, housed in single cells (i.e. without other
inmates), released within 24 hours, and provided with educational materials on
the importance of testing and contact tracing.
(b) Test any inmate scheduled to be transferred to
another facility, including a Department facility, within 72 hours prior to
transfer.
(c) Test any inmate scheduled for release within
72 hours prior to release. If an inmate tests positive for COVID-19, that
inmate must not be detained solely because of COVID-19 positive status, but
must not be released into any other congregate settings if that inmate is in
isolation protocol.
(d) In case of a sustained outbreak (any confirmed
positive case identified within the last 14 days epidemiologically linked to
another positive case within the same facility) or other high-risk situation,
conduct ongoing testing coupled with contact tracing, in coordination with the
local public health department.
(e) Isolate and medically manage any inmate who
tests positive for COVID-19 as appropriate. Except for transfers to isolation
units, to manage medical needs, or for exigent security reasons, inmates
testing positive should not be transferred to another corrections facility or
other congregate setting, unless they meet the following criteria:
(1) At least 10 days have passed since symptom
onset, except in cases in which infection-control experts recommend longer
isolation (e.g., up to 20 days in severely immunocompromised persons), and;
(2) At least 24 hours have passed since resolution
of fever without the use of fever-reducing medications and;
(3) Other symptoms have improved.
4. State
assistance for expanded testing.
(a) The Department of Health and Human Services
must provide direct assistance with testing supplies, specimen collection, and
laboratory processing to jails and local lockups that request assistance, as
resources permit. Jails and local lockups may submit requests for assistance to
MDHHS-cjtestingrequests@michigan.gov.
(b) A jail or local lockup that receives assistance
yet still cannot comply with the testing protocols described in section 3 due
to delays in test processing time may request adjustments to the timing
requirements of section 3, which the Director may grant in her sole discretion.
5. Early
release. To mitigate the risk of COVID-19 spreading in county jails, strict
compliance with the capacity and procedural requirements regarding county jail
overcrowding states of emergency in the County Jail Overcrowding Act (“CJOA”),
1982 PA 325, MCL 801.51 et seq., is temporarily suspended. While this order is
in effect, all actions that would be authorized under the CJOA in the event of
a declaration of a county jail overcrowding state of emergency are authorized
and shall remain authorized without regard to any reduction in jail population
or any other such limitations on the duration of authorization imposed by the
CJOA. Anyone authorized to act under this section is strongly encouraged to
consider early release for all of the following, so long as they do not pose a
public safety risk:
(a) Older people, people who have chronic
conditions or are otherwise medically frail, people who are pregnant, and
people nearing their release date.
(b) Anyone who is incarcerated for a traffic
violation.
(c) Anyone who is incarcerated for failure to
appear or failure to pay.
(d) Anyone with behavioral health problems who can
safely be diverted for treatment.
6. Reimbursement
to counties. The State Budget Office must ensure that counties are
reimbursed for lodging inmates who would have been transferred into the
Department’s custody if not for the suspension of transfers.
7. Juvenile
detention centers. Juvenile detention centers are strongly encouraged to
reduce the risk that those at their facilities will be exposed to COVID-19 by
implementing as feasible the following measures:
(a) Adopting the risk reduction protocols and
testing protocols described in sections 1 and 2.
(b) Removing from the general population any
juveniles who have COVID-19 symptoms.
(c) Eliminating any form of juvenile detention or
residential facility placement except for juveniles who are determined to be a
substantial and immediate safety risk to themselves or others.
(d) Providing written and verbal communications to
all juveniles at such facilities regarding COVID-19, access to medical care,
and community-based support.
(e) To the fullest extent possible, facilitating
access to family, education, and legal counsel through electronic means (such
as telephone calls or video conferencing) at no cost, rather than through
in-person meetings.
8. Juveniles
on court-ordered probation. Unless otherwise directed by court order, for
juveniles on court-ordered probation, the use of out-of-home confinement for
technical violations of probation and any requirements for in-person meetings
with probation officers are temporarily suspended.
9. Effective
Date. This order is effective immediately and continues through September
30, 2020 at 11:59 pm.
10. Effects
on prior orders.
(a) Executive Order 2020-146 is rescinded.
(b) The Prescription Drug Task Force created by
Executive Order 2020-1 must complete its work and submit a final report to the
governor detailing its findings and recommendations by January 31, 2021.
Given under my hand and the Great
Seal of the State of Michigan.
Date: August 15, 2020
Time: 11:18 am
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
Introduction of Bills
House Bill No. 6105, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 13501, 13505, 13506, 13515, 13517, 13521,
13522, 13525, 13535, and 13536 (MCL 333.13501, 333.13505, 333.13506, 333.13515,
333.13517, 333.13521, 333.13522, 333.13525, 333.13535, and 333.13536), sections
13501 and 13522 as amended by 1994 PA 100 and section 13521 as amended by 2018
PA 544, and by adding part 135a; and to repeal acts and parts of acts.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 6106, entitled
A bill to amend 1945 PA 302, entitled “An act authorizing the governor
to proclaim a state of emergency, and to prescribe the powers and duties of the
governor with respect thereto; and to prescribe penalties,” by amending section
1 (MCL 10.31), as amended by 2006 PA 546.
The bill was read a first time by its title and referred to the
Committee on Government Operations.
House Bill No. 6107, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections
16290 and 20190.
The bill was read a first time by
its title and referred to the Committee on Health Policy.
House Bill No. 6108, entitled
A bill to amend 1980 PA 299, entitled “Occupational
code,” by amending section 505 (MCL 339.505) and by adding section 602a.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. O’Malley and Meerman introduced
House Bill No. 6109, entitled
A bill to amend 2016 PA 407, entitled “Skilled
trades regulation act,” by amending section 509 (MCL 339.5509) and by adding
section 603a.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. Paquette and Meerman introduced
House Bill No. 6110, entitled
A bill to amend 1969 PA 306, entitled “Administrative
procedures act of 1969,” by amending section 92 (MCL 24.292), as amended by
2014 PA 540.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. Slagh and Meerman introduced
House Bill No. 6111, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16221a and 16233 (MCL 333.16221a and
333.16233), section 16221a as added by 2014 PA 346 and section 16233 as amended
by 2014 PA 280.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. Brenda Carter, Rendon, Berman,
Markkanen, Wozniak and Paquette introduced
House Bill No. 6112, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending sections 4151 and 4153 (MCL 500.4151 and
500.4153), as amended by 2012 PA 544.
The bill was read a first time by its title
and referred to the Committee on Insurance.
Reps. Berman, Eisen, Markkanen, Rendon,
Paquette, Wozniak and Brenda Carter introduced
House Bill No. 6113, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending sections 4155 and 4158 (MCL 500.4155 and
500.4158), section 4155 as amended by 2012 PA 544 and section 4158 as added by
2012 PA 544.
The bill was read a first time by its title
and referred to the Committee on Insurance.
Reps. Markkanen, Rendon, Eisen, Wozniak,
Paquette and Brenda Carter introduced
House Bill No. 6114, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending sections 4159 and 4160 (MCL 500.4159 and
500.4160), as added by 2012 PA 544.
The bill was read a first time by its title
and referred to the Committee on Insurance.
Reps. Rendon, Berman, Markkanen, Wozniak,
Eisen, Paquette and Brenda Carter introduced
House Bill No. 6115, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending section 4165 (MCL 500.4165), as amended by
2012 PA 544, and by adding section 4166.
The bill was read a first time by its title
and referred to the Committee on Insurance.
Reps. Lightner and Hernandez introduced
House Bill No. 6116, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 78n (MCL 211.78n), as amended by
2006 PA 626.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
Reps. Whiteford and Hernandez introduced
House Bill No. 6117, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16315 and 20161 (MCL 333.16315 and
333.20161), section 16315 as amended by 2013 PA 268 and section 20161 as
amended by 2020 PA 35.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
Reps. Hauck and Hernandez introduced
House Bill No. 6118, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending section 624g (MCL 168.624g), as amended by 1990 PA
7.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
Reps. Cynthia Neeley and Hernandez introduced
House Bill No. 6119, entitled
A bill to amend 1985 PA 106, entitled “State
convention facility development act,” by amending section 10 (MCL 207.630),
as amended by 2010 PA 207.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
Reps. Cynthia Johnson and Hernandez introduced
House Bill No. 6120, entitled
A bill to amend 2016 PA 281, entitled “Medical
marihuana facilities licensing act,” by amending section 604 (MCL
333.27604).
The bill was read a first time by its title
and referred to the Committee on Appropriations.
Reps. Hammoud and Hernandez introduced
House Bill No. 6121, entitled
A bill to amend 2000 PA 489, entitled “Michigan
trust fund act,” by amending section 7 (MCL 12.257), as amended by 2018 PA 577.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
Reps. Stone and Hernandez introduced
House Bill No. 6122, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by
2011 PA 234.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
Reps. Hall, Calley and O’Malley introduced
House Bill No. 6123, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan
employment security act,” by amending section 19 (MCL 421.19), as amended
by 2011 PA 269.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Reps. Hall, Cambensy, Crawford and Wozniak
introduced
House Bill No. 6124, entitled
A bill to amend 1981 PA 180, entitled “Older
Michiganians act,” (MCL 400.581 to 400.594) by adding section 6l.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
Reps. LaFave and Markkanen introduced
House Bill No. 6125, 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; and to repeal acts and parts of acts,” (MCL 247.651 to
247.675) by adding section 1k.
The bill was read a first time by its title
and referred to the Committee on Transportation.
Reps. Chirkun, Sabo, Tyrone Carter, Brixie,
Tate, Cherry and Yaroch introduced
House Bill No. 6126, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 20199 (MCL 333.20199) and by adding section
21788.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 6127, 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; and to repeal acts and parts of
acts,” by amending section 18m (MCL 247.668m), as added by 2018 PA 507.
The bill was read a first time by its title
and referred to the Committee on Transportation.
House Bill No. 6128, entitled
A bill to amend 1895 PA 3, entitled “The
general law village act,” (MCL 61.1 to 74.25) by adding section 5b to
chapter II.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
House Bill No. 6129, entitled
A bill to amend 1979 PA 94, entitled “The
state school aid act of 1979,” by amending sections 229 and 275 (MCL 388.1829
and 388.1875), section 229 as amended by 2018 PA 265 and section 275 as amended
by 2017 PA 108.
The bill was read a first time by its title
and referred to the Committee on Education.
Reps. Cynthia Johnson and Cynthia Neeley
introduced
House Bill No. 6130, entitled
A bill to amend 2018 PA 338, entitled “Paid
medical leave act,” by amending section 2 (MCL 408.962), as amended by 2018 PA
369.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Reps. Coleman, Rabhi, Peterson, Brenda Carter,
Garza, Shannon, Camilleri and Hammoud introduced
House Bill No. 6131, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan
employment security act,” by amending sections 27 and 28b (MCL 421.27 and
421.28b), section 27 as amended by 2016 PA 522 and section 28b as added by 2012
PA 216.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Reps. Mueller, Sneller, Cambensy, Yaroch and
Cherry introduced
House Bill No. 6132, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 219, 904c, and 904f (MCL 257.219, 257.904c,
and 257.904f), section 219 as amended by 2018 PA 74, section 904c as amended by
1999 PA 73, and section 904f as added by 1998 PA 358.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Rep. Reilly introduced
House Bill No. 6133, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 24f (MCL 211.24f), as amended by
2000 PA 244.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
Reps. Reilly, Steven Johnson, Eisen, Paquette
and Lower introduced
House Bill No. 6134, entitled
A bill to prohibit municipalities from requiring
an individual to wear a face covering on public or private property or in a
public or private building; to provide for the powers and duties of certain
local governmental officers and entities; and to provide that certain local
ordinances, resolutions, or policies are void and unenforceable.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep.
Shannon moved that the House adjourn.
The motion prevailed, the time being 2:30 p.m.
GARY L. RANDALL
Clerk of the House of
Representatives