STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Tuesday, June 16,
2020.
10:00
a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D.
Gilchrist II.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator
Kim LaSata of the 21st District offered the following invocation:
O
Christ Jesus, when all is darkness and we feel our weakness and helplessness,
give us the sense of Your presence, Your love, and Your strength. Help us to
have perfect trust in Your protecting love and strengthening power so that
nothing may frighten or worry us, for living close to You we shall see Your
hand, Your purpose, and Your will through all things.
Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
Nesbitt entered the Senate Chamber.
Senator
MacGregor moved that Senator Zorn be temporarily excused from today’s session.
The motion prevailed.
Senator
Zorn entered the Senate Chamber.
The motion prevailed.
The following communication was
received:
Office
of Senator Rosemary Bayer
June 11, 2020
Per Senate Rule 1.110(c), I am
requesting that my name be added as a co-sponsor to Senate Bills 960 and 961
introduced by Senators Brinks and Geiss respectively on June 4, 2020.
Sincerely,
Rosemary
K. Bayer
12th
Senate District
State
Senator
The communication was referred to
the Secretary for record.
The following communication was
received:
Office
of Senator Dale W. Zorn
June 12, 2020
I write to you today to
respectfully request that you add my name as a co-sponsor to Senate Bill 967
(Sen. Johnson) and Senate Bill 968 (Sen. Lucido).
Please let me know if you have
any questions. Thank you for your assistance in this important matter.
Respectfully,
Dale
W. Zorn
State
Senator – District 17
The communication was referred to
the Secretary for record.
The motion prevailed, a majority of the
members serving voting therefor.
Messages from the Governor
The following messages from the Governor were received:
Time: 9:41 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 350 (Public Act No. 86), being
An act to amend 1895 PA 3, entitled “An act to provide for the
government of certain villages; to define their powers and duties; to provide for
the levy and collection of taxes, borrowing of money, and issuance of bonds and
other evidences of indebtedness by villages subject to this act; to define the
powers and duties of certain state and local officers and entities; to define
the application of this act and provide for its amendment by villages subject
to this act; to validate prior amendments and certain prior actions taken and
bonds issued by villages subject to this act; to provide for the
disincorporation of villages; and to prescribe penalties and provide remedies,”
by amending section 18 (MCL 69.18), as amended by 1984 PA 179.
(Filed with the Secretary of
State on June 11, 2020, at 10:35 a.m.)
Time: 9:43 a.m.
To the
President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 718 (Public Act No. 87), being
An act
to amend 1949 PA 300, entitled “An act to provide for the registration,
titling, sale, transfer, and regulation of certain vehicles operated upon the
public highways of this state or any other place open to the general public or
generally accessible to motor vehicles and distressed vehicles; to provide for
the licensing of dealers; to provide for the examination, licensing, and
control of operators and chauffeurs; to provide for the giving of proof of
financial responsibility and security by owners and operators of vehicles; to
provide for the imposition, levy, and collection of specific taxes on vehicles,
and the levy and collection of sales and use taxes, license fees, and permit fees;
to provide for the regulation and use of streets and highways; to create
certain funds; to provide penalties and sanctions for a violation of this act;
to provide for civil liability of manufacturers, the manufacturers of certain
devices, the manufacturers of automated technology, upfitters, owners, and
operators of vehicles and service of process on residents and nonresidents; to
regulate the introduction and use of certain evidence; to regulate and certify
the manufacturers of certain devices; to provide for approval and certification
of installers and servicers of certain devices; to provide for the levy of
certain assessments; to provide for the enforcement of this act; to provide for
the creation of and to prescribe the powers and duties of certain state and
local agencies; to impose liability upon the state or local agencies; to
provide appropriations for certain purposes; to repeal all other acts or parts
of acts inconsistent with this act or contrary to this act; and to repeal
certain parts of this act on a specific date,” by amending section 625t (MCL
257.625t), as added by 2016 PA 243.
(Filed
with the Secretary of State on June 11, 2020, at 10:37 a.m.)
Respectfully,
Gretchen
Whitmer
Governor
The following message from the Governor
was received on June 12, 2020, and read:
EXECUTIVE
ORDER
No.
2020-118
Temporary prohibition against entry to
premises for the purpose of
removing or excluding a tenant or mobile home owner from their home
Rescission of Executive Order 2020-85
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 EPGA,
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 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 current states of emergency and
disaster would be exacerbated by the additional threats to the public health
related to removing or excluding people from their residences during the
COVID-19 pandemic. To reduce the spread of COVID-19, protect the public health,
and provide essential protections to vulnerable Michiganders, it is reasonable
and necessary to provide temporary relief from certain eviction-related
requirements and to temporarily prohibit the removal or exclusion of a tenant
or mobile home owner from their residential premises, except in extreme
circumstances.
Executive Order 2020-85 and its
predecessors, which temporarily prohibited removal or exclusion of a tenant or
mobile home owner from their residential premises, were issued because removing
or excluding people from their residences was likely to exacerbate the public
health threat of COVID-19. This order further extends those policies, as it
remains reasonable and necessary to suppress the spread of COVID-19 and protect
the public health and safety of this state and its residents. With this order,
Executive Order 2020‑85 is rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Due
to the protection that a residential home provides from the COVID-19 pandemic,
and the need to contain self-quarantined and self-isolated individuals within a
residential home, no person shall remove or exclude from leased residential
premises or residential premises held under a forfeited executory contract a
tenant, a vendee of a forfeited executory contract, or a person holding under a
tenant or vendee, except when the tenant, vendee, or person holding under them
poses a substantial risk to another person or an imminent and severe risk to
property. This order should be broadly construed to effectuate that purpose.
This section is effective immediately and continues until June 30, 2020 at
11:59 p.m.
2. Nothing
in this order is intended to abrogate the judicial power, which is vested
exclusively in this state’s one court of justice by section 1 of article 6 of
the Michigan Constitution of 1963. This order does not affect the inherent
power of a judge to order equitable relief.
3. Nothing
in this order shall be construed to abrogate the obligation to pay or right to
receive payment due under a lease or executory contract, nor to prohibit a
landlord or vendor from making a demand for payment. Any demand for rent or
executory contract payment, however, must not include a demand for possession
or notice of forfeiture of executory contract, or other threat of eviction or
forfeiture, based on the
nonpayment
of rent or executory contract obligation. Effective immediately and continuing
until June 30, 2020 at 11:59 p.m., any service of a demand for payment may not
be made by personal delivery.
4. Due
to the protection that a residential home provides from the COVID-19 pandemic,
and the need to contain self-quarantined and self-isolated individuals within a
residential home, no person may enter residential property in order to remove
or exclude from the premises a tenant, a vendee of a forfeited executory
contract, a person holding under a tenant or vendee, or the personal property
of a tenant, vendee, or person holding under them, including pursuant to a writ
authorizing restoration of a plaintiff to full, peaceful possession of premises
under section 5744 of the RJA, MCL 600.5744, except when the tenant, vendee, or
person holding under them poses a substantial risk to another person or an
imminent and severe risk to property. This section is effective immediately and
continues until June 30, 2020 at 11:59 p.m.
5. Due
to the protection that a residential home provides from the COVID-19 pandemic,
and the need to contain self-quarantined and self-isolated individuals within a
residential home, a sheriff, under-sheriff or constable, deputy, or other
officer must not serve process requiring forfeiture of leased residential
premises or residential premises held under a forfeited executory contract. Any
requirements to that effect imposed by the RJA are suspended. This section is
effective immediately and continues until June 30, 2020 at 11:59 p.m.
6. Due
to the protection that a residential home provides from the COVID-19 pandemic,
and the need to contain self-quarantined and self-isolated individuals within a
residential home, no person may deny a mobile home owner access to their mobile
home, except when the mobile home owner’s tenancy has been terminated because
the mobile home owner poses a substantial risk to another person or an imminent
and severe risk to property. This section is effective immediately and
continues until June 30, 2020 at 11:59 p.m.
7. Until
30 days after the restrictions on eviction provided by sections 1 through 6
expire, any statutory limits on the court of this state to adjourn any
proceedings, toll any redemption periods or limitations periods, or extend any
deadlines are suspended.
8. As
used in this order, all terms have the meaning provided by the Revised
Judicature Act of 1961, 1961 PA 236, as amended.
9. Executive
Order 2020-85 is rescinded.
10. Consistent
with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a
misdemeanor.
11. A
copy of this order will be transmitted to the State Court Administrative Office.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 11, 2020
Time: 8:38 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on June 12, 2020, and read:
EXECUTIVE
ORDER
No.
2020-119
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 2020-62
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 EPGA, 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 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.
To mitigate the spread of COVID-19,
protect the public health, and provide essential protections to vulnerable
Michiganders who work at or are incarcerated in prisons, county jails, local
lockups, and juvenile detention centers across the state, it is reasonable and
necessary to implement limited and temporary COVID‑19-related protocols
and procedures regarding entry into facilities operated by the Michigan
Department of Corrections and transfers to and from the Department’s custody;
to recommend limited and temporary COVID-19-related protocols and measures for
county jails, local lockups, and juvenile detention centers; and to temporarily
suspend certain rules and procedures to facilitate the implementation of those
recommendations.
Executive Order 2020-29 took
these steps. Executive Order 2020-62 extended their duration and Executive
Order 2020-100 extended that order’s duration further. This order extends the
duration of these steps again, as it remains reasonable and necessary to
suppress the spread of COVID-19 and protect the public health and safety of
this state and its residents. With this order, Executive Order 2020-62 is
rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. The
Michigan Department of Corrections (the “Department”) must continue to
implement risk reduction protocols to address COVID-19 (“risk reduction
protocols”), which the Department has already developed and implemented at the
facilities it operates and which include the following:
(a) Screening
all persons arriving at or departing from a facility, including staff,
incarcerated persons, 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) Restricting
all visits, except for attorney-related visits, and conducting those visits
without physical contact to the extent feasible.
(c) Limiting
off-site appointments for incarcerated persons to only appointments for urgent
or emergency medical treatment.
(d) Developing
and implementing protocols for incarcerated persons who display symptoms of
COVID‑19, including methods for evaluation and processes for testing,
notification of the Department of Health and Human Services (“DHHS”), and
isolation during testing, while awaiting test results, and in the event of
positive test results. These protocols should be developed in consultation with
local public health departments.
(e) Notifying
DHHS of any suspected case that meets the criteria for COVID-19 through
communication with the applicable local public health department.
(f) Providing,
to the fullest extent possible, appropriate personal protective equipment to
all staff as recommended by the CDC.
(g) Conducting
stringent cleaning of all areas and surfaces, including frequently touched
surfaces (such as doorknobs, handles, light switches, keyboards, etc.), on a
regular and ongoing basis.
(h) Ensuring
access to personal hygiene products for incarcerated persons and correctional
staff, including soap and water sufficient for regular handwashing.
(i) Ensuring
that protective laundering protocols are in place.
(j) Posting
signage and continually educating on the importance of social distancing,
handwashing, and personal hygiene.
(k) Practicing
social distancing in all programs and classrooms—meaning a distance of at least
six feet between people in any meeting, classroom, or other group.
(l) Minimizing crowding, including interactions of
groups of 10 or more people, which may include scheduling more times for meal
and recreation to reduce person-to-person contact.
2. 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.
3. Anyone
authorized to act under section 2 of this order 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.
4. Effective
immediately, all transfers into the Department’s custody are temporarily
suspended. Beginning seven (7) days from the effective date of this order, and
no more than once every seven (7) days, a county jail or local lockup may
request that the director of the Department determine that the jail or lockup
has satisfactorily implemented risk reduction protocols as described in section
1 of this order. Upon inspection, if the director of the Department determines
that a county jail or local lockup has satisfactorily implemented risk
reduction protocols, transfers from that jail or lockup will resume in
accordance with the Department’s risk reduction protocols. The director of the
Department may reject transfers that do not pass the screening protocol for
entry into a facility operated by the Department.
5. Parole
violators in the Department’s custody must not be transported to or lodged in a
county jail or local lockup unless the director of the Department has
determined that such county jail or local lockup has satisfactorily implemented
risk reduction protocols as described in section 1 of this order.
6. The
State Budget Office must immediately seek a legislative transfer so that
counties may be reimbursed for lodging incarcerated persons that would have
been transferred into the Department’s custody if not for the suspension of
transfers described in section 4 of this order.
7. 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) Removing
from the general population any juveniles who have COVID-19 symptoms.
(b) Eliminating
any form of juvenile detention or residential facility placement for juveniles
unless a determination is made that a juvenile is a substantial and immediate
safety risk to others.
(c) Providing
written and verbal communications to all juveniles at such facilities regarding
COVID-19, access to medical care, and community-based support.
(d) To
the extent feasible, 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. 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. This
order is effective immediately and continues through July 9, 2020 at 11:59 p.m.
10. Executive
Order 2020-62 is rescinded.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 11, 2020
Time: 8:40 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on June 12, 2020, and read:
EXECUTIVE
ORDER
No.
2020-120
Returning overnight camps to operation
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 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 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 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.
To suppress the spread of
COVID-19, to prevent the state’s health care system from being overwhelmed, to
allow time for the production of critical test kits, ventilators, and personal
protective equipment, to establish the public health infrastructure necessary
to contain the spread of infection, and to avoid needless deaths, it was
reasonable and necessary to direct residents to remain at home or in their
place of residence to the maximum extent feasible. To that end, on March 23,
2020, I issued Executive Order 2020-21, ordering all people in Michigan to stay
home and stay safe. In Executive Orders 2020-42, 2020-59, 2020-70, 2020‑77,
2020-92, 2020-96, 2020-110, and 2020-115, I extended that initial order,
modifying its scope as needed and appropriate to match the ever-changing
circumstances presented by this pandemic.
The measures put in place by
these executive orders have been effective: the number of new confirmed cases
each day continues to drop. Although the virus remains aggressive and
persistent—on June 11, 2020, Michigan reported 59,496 confirmed cases and 5,737
deaths—the strain on our health care system has begun to relent, even as our
testing capacity has increased. We are now in the process of gradually resuming
in‑person work and activities. In so doing, however, we must move with
care, patience, and vigilance, recognizing the grave harm that this virus continues
to inflict on our state and how quickly our progress in suppressing it can be
undone.
After considering the public
health data, I find it reasonable and necessary at this point to allow
overnight camps to resume operations as of June 15, 2020, subject to guidance
from the Department of Licensing and Regulatory Affairs. I likewise find it
reasonable and necessary to lift its suspension of school sports activities and
other in-person extracurricular school activities, subject to rules on social
distancing and the closure of indoor exercise facilities.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Notwithstanding any other executive order,
residential, travel, and troop camps within the meaning of Rule 400.11101(n),
(p), or (q) of the Michigan Administrative Code may open as of 12:01 a.m. on
June 15, 2020, subject to guidance issued by the Department of Licensing and
Regulatory Affairs.
2. Section I(1) of Executive Order 2020-65 is
amended by striking the second sentence and replacing it with: “Consistent with
the rules described in Executive Order 2020-110 (including any rules on social
distancing and the closure of indoor exercise facilities) and Executive Order
2020-115, whichever order applies to the region in which the school is located,
and any orders that follow from them, K-12 school sports activities and other
in-person extracurricular school activities may resume.”
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 12, 2020
Time: 12:18 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on June 12, 2020, and read:
EXECUTIVE
ORDER
No.
2020-121
Department
of State Police
Michigan
Commission on Law Enforcement Standards
Executive
Reorganization
Effective policing that promotes
safety, security, and justice for all Michiganders requires participation in
setting policing standards from a broad range of individuals, including
Michigan residents from outside the law enforcement community.
Adding members to the Michigan
Commission on Law Enforcement Standards, which develops the licensing and
training standards for law enforcement officers in this state, will bring a
more diverse range of voices to this important task and promote democratic
accountability.
Section 1 of article 5 of the
Michigan Constitution of 1963 vests the executive power of the State of
Michigan in the governor.
Section 2 of article 5 of the
Michigan Constitution of 1963 empowers the governor to make changes in the
organization of the executive branch of state government or in the assignment
of functions among its units that the governor considers necessary for
efficient administration.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. The Michigan Commission on Law Enforcement
Standards (the Commission) created by section 3 of the Michigan Commission on
Law Enforcement Standards Act (the MCOLES Act), 1965 PA 203, as amended, MCL
28.603, is expanded to include the following additional members:
(a) The director of the Michigan Department of
Civil Rights, or his or her designated representative from within that
department.
(b) Three residents of this state appointed by the
governor with the advice and consent of the Michigan Senate.
2. A member appointed under section 1(b) of this
order must not be a law enforcement officer, a Michigan tribal law enforcement
officer, or be employed by or otherwise affiliated with a law enforcement
agency or a law enforcement training academy.
3. Of the Commission members initially appointed
under section 1(b) of this order, one must be appointed for an initial term
expiring on December 31, 2021, one must be appointed for an initial term
expiring on December 31, 2022, and one must be appointed for an initial term
expiring on December 31, 2023. After the initial term, the members will be
appointed for terms of four years. A vacancy occurring other than by expiration
of a term will be filled in the same manner as the original appointment for the
remainder of the unexpired term.
4. As used in this order, “law enforcement agency”,
“law enforcement officer”, “law enforcement training academy”, and “Michigan
tribal law enforcement officer” mean those terms as defined in section 2 of the
MCOLES Act, MCL 28.602.
5. Consistent with section 2 of article 5 of the
Michigan Constitution of 1963, this order is effective on August 12, 2020 at
12:01 a.m.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 12, 2020
Time: 12:30 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on June 12, 2020, and read:
EXECUTIVE
ORDER
No.
2020-122
Ending
the extension of case-initiation deadlines
Rescission
of Executive Order 2020-58
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. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. 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 EPGA, 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 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.
In March 2020, the Michigan
Supreme Court issued Administrative Order 2020-3, which amended the manner of
calculation of days for purposes of filing deadlines under MCR 1.108(1) for all
civil and probate matters by providing that any day falling within the declared
state of emergency would not count toward the limitation period. On April 22,
2020, I issued Executive Order 2020-58, which, consistent with Administrative
Order 2020- 3, suspended all deadlines applicable to the commencement of all
civil and probate actions and proceedings.
Michigan’s emergency response has
been effective in suppressing the spread of the COVID- 19. The number of new
confirmed cases each day has been steadily in decline, and the strain on our
health care system’s operational capacity has relented. As a result of this
progress, Michigan has been able to gradually resume in-person work and
activities with certain safety measures in place, including a wider range of
judicial activities.
In light of this transition, the
temporary extension of deadlines for statutes of limitations provided by
Executive Order 2020-58 will no longer be necessary as soon as the Michigan
Supreme Court provides for the resumption of computation of days as normal,
beginning June 20, 2020.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Consistent with Michigan Supreme Court
Administrative Order No. 2020-18, all deadlines applicable to the commencement
of all civil and probate actions and proceedings, including but not limited to
any deadline for the filing of an initial pleading and any statutory notice
provision or other prerequisite related to the deadline for filing of such a
pleading, are tolled from March 10, 2020 to June 19, 2020.
2. Executive Order 2020-58 will remain in effect
through June 19, 2020. Effective June 20, 2020 at 12:01 a.m., Executive
Order 2020-58 is rescinded.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 12, 2020
Time: 4:42 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on June 15, 2020, and read:
EXECUTIVE
ORDER
No.
2020-123
Enhanced
protections for residents and staff of long-term care facilities
during the COVID-19 pandemic
Rescission
of Executive Order 2020-95
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. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. 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 EPGA, 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 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 COVID-19 pandemic poses a
particularly dire threat to the health and safety of both residents and
employees of long-term care facilities. To mitigate the spread of COVID-19,
protect the public health, and provide essential protections to vulnerable
Michiganders, it is crucial to limit in-person contact as much as possible and,
for those in-person services and interactions that must occur, to engage in
social distancing and other mitigation practices. For the residents of
long-term care facilities to receive the care they need, however, the residents
and staff of the facilities must share close quarters and interact in person
regularly, and limitations on access to personal protective equipment only make
it more difficult for these in-person interactions to be carried out safely.
Due to the nature of the care provided in long-term care facilities and the
vulnerable status of their residents, the risk of harm posed by a single
positive case of COVID-19 to the entire facility—residents and staff—is
inordinately high. As a result, it is reasonable and necessary to provide
enhanced protections for residents and employees of long-term care facilities
during this unprecedented crisis.
Executive Order 2020-50 provided
such protections. Executive Order 2020-84 extended the duration of those
protections, and Executive Order 2020-95 extended it further and adjusted the
scope of those protections. This order extends the duration of those
protections because it remains necessary to suppress the spread of COVID-19 and
protect the public health and safety of this state and its residents,
especially among the vulnerable populations of long-term care facilities. With
this order, Executive Order 2020-95 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
I. Protections for residents of long-term care
facilities
1. Notwithstanding any statute, rule, regulation,
or policy to the contrary, a long-term care facility must not effectuate an
eviction or involuntary discharge against a resident for nonpayment, nor deny a
resident access to the facility, except as otherwise provided in this order.
2. A long-term care facility must not prohibit
admission or readmission of a resident based on COVID‑19 testing
requirements or results in a manner that is inconsistent with this order or
relevant guidance issued by the Department of Health and Human Services (“DHHS”).
3. The following apply to a resident that
voluntarily obtained housing outside of a long-term care facility such as by
moving in with a family member (but not to a resident who was hospitalized)
during any state of emergency or state of disaster arising out of the COVID-19
pandemic:
(a) The resident does not forfeit any right to
return that would have been available to the resident under state or federal
law had they been hospitalized or placed on therapeutic leave. Nothing in this
section affects the rights of a resident who was hospitalized or placed on
therapeutic leave.
(b) Except as provided in subsection (c), as soon
as capacity allows, the long-term care facility of origin must accept the
return of the resident, provided it can meet the medical needs of the resident,
and there are no statutory grounds to refuse the return.
(c) Prior to accepting the return of such a
resident, the long-term care facility must undertake screening precautions that
are consistent with relevant DHHS guidance when receiving the returning
resident. A facility must not accept the return of a COVID-19-positive resident
if the facility does not have a dedicated unit or regional hub meeting the
requirements of this order.
4. Nothing in this order abrogates the obligation
to pay or right to receive payment due under an admission contract between a
resident and a long-term care facility.
5. All long-term care facilities must use best
efforts to facilitate the use of telemedicine in the care provided to their
residents, including, but not limited to, for regular doctors’ visits,
telepsychology, counseling, social work and other behavioral health visits, and
physical and occupational therapy.
II. Protections for employees and residents of
long-term care facilities
1. It is the public policy of this state that
employees of long-term care facilities or regional hubs who test positive for
COVID-19 or who display one or more of the principal symptoms of COVID-19
should remain in their homes or places of residence, as provided in section 2
of Executive Order 2020-36 or any order that may follow from it, and that their
employers shall not discharge, discipline, or otherwise retaliate against them
for doing so, as provided in section 1 of Executive Order 2020-36 or any order
that may follow from it.
2. Long-term care facilities must:
(a) Cancel all communal dining and all internal and
external group activities;
(b) Take all necessary precautions to ensure the
adequate disinfecting and cleaning of facilities, in accordance with relevant
guidance from the Centers for Disease Control and Prevention (“CDC”);
(c) Use best efforts to provide appropriate
personal protective equipment (“appropriate PPE”) and hand sanitizer to all
employees that interact with residents;
(d) As soon as reasonably possible, but no later
than 12 hours after identification, inform employees of the presence of a
COVID-19-affected resident;
(e) Notify employees of any changes in CDC
recommendations related to COVID-19;
(f) Keep accurate and current data regarding the
quantity of each type of appropriate PPE available onsite, and report such data
to EMResource upon DHHS’s request or in a manner consistent with DHHS guidance;
and
(g) Report to DHHS all presumed positive COVID-19
cases in the facility together with any additional data required under DHHS
guidance.
III. Procedures related to transfers and
discharges of COVID-19-affected residents
1. A long-term care facility must report the
presence of a COVID-19-affected resident to their local health department
within 24 hours of identification.
2. Except as
otherwise provided by an advance directive, a long-term care facility must
transfer a COVID‑19-affected resident who is medically unstable to
a hospital for evaluation.
3. A nursing home must make all reasonable efforts
to create a unit dedicated to the care and isolation of COVID-19-affected
residents (“dedicated unit”).
(a) A nursing home with a dedicated unit must
provide appropriate PPE to direct-care employees who staff the dedicated unit.
(b) A nursing home provider that operates multiple
facilities may create a dedicated unit by designating a facility for such a
purpose.
(c) A nursing home must not create or maintain a
dedicated unit unless it can implement effective and reliable infection control
procedures.
4. A long-term care facility must adhere to the
following protocol with respect to a COVID-19-affected resident who is
medically stable:
(a) If the long-term care facility has a dedicated
unit, the facility must transfer the COVID-19-affected resident to its
dedicated unit.
(b) If the long-term care facility does not have a
dedicated unit, it must attempt to transfer the COVID-19-affected resident to a
regional hub, an alternate care facility with physical and operational capacity
to care for the resident, or an available swing bed at a hospital.
(c) If a transfer under subsection (b) of this
section is not possible, the long-term care facility must attempt to send the
resident to a hospital within the state that has available bed capacity.
5. Once a long-term care facility resident who has
been hospitalized due to onset of one or more of the principal symptoms of
COVID-19 becomes medically stable, the hospital must conduct testing consistent
with best practices identified by the CDC prior to discharge. Discharge may be
made to any of the following: a regional hub, the facility where the resident
resided prior to hospitalization, an alternate care facility with physical and
operational capacity to care for the resident, or an available swing bed.
6. Discharge destinations should be determined
consistent with CDC and DHHS guidelines. Decisionmakers should consider patient
safety, the safety of the residents of any destination facility, the wishes of
the patient and patient’s family, and any guidance or recommendations from the
local health department. However, a resident may only be discharged to a
facility capable of safely isolating the resident, consistent with any
applicable CDC and DHHS guidelines.
7. Until an acceptable discharge destination is
identified, the individual must remain in the care of the hospital where they
reside.
8. For any transfer or discharge of a resident,
the transferring or discharging entity must ensure that the resident’s advance
directive accompanies the resident and must disclose the existence of any
advance directive to medical control at the time medical control assistance is
requested.
9. A long-term care facility that transfers or
discharges a resident in accordance with this order must notify the resident
and the resident’s representative (if reachable) of the transfer or discharge
within 24 hours.
10. The department of licensing and regulatory
affairs is authorized to take action to assure proper level of care and
services in connection with this order, consistent with section 21799b of the
Public Health Code, MCL 333.21799b, and any other relevant provisions of law.
11. A transfer or discharge of a long-term care
facility resident that is made in accordance with this order constitutes a
transfer or discharge mandated by the physical safety of other facility residents
and employees as documented in the clinical record, for purposes of section
21773(2)(b) of the Public Health Code, 1978 PA 368, as amended, MCL
333.21773(2)(b), and constitutes a transfer or discharge that is necessary to
prevent the health and safety of individuals in the facility from being
endangered, for purposes of 42 CFR 483.15(c)(1)(i)(C)-(D) and (c)(4)(ii)(A)-(B).
12. To the extent necessary to effectuate this
terms of this order, strict compliance with any statute, rule, regulation, or policy
pertaining to bed hold requirements or procedures, or to pre-transfer or
pre-discharge requirements or procedures, is temporarily suspended. This
includes, but is not limited to, strict compliance with the requirements and
procedures under sections 20201(3)(e), 21776, 21777(1), and 21777(2) of the
Public Health Code, MCL 333.20201(3)(e), MCL 333.21773(2), MCL 333.21776, MCL
333.21777(1), and MCL 333.21777(2), as well as Rules 325.1922(13)-(16),
400.1407(12), 400.2403(9), and 400.15302 of the Michigan Administrative Code.
IV. Definitions and general provisions
1. For purposes of this order:
(a) “Adult foster care facility” has the same
meaning as provided by section 3(4) of the Adult Foster Care Facility Licensing
Act, 1979 PA 218, as amended, MCL 400.703(4).
(b) “Alternate care facility” means any facility
activated by the state to provide relief for hospitals that surge past their
capacity,
(c) “Appropriate PPE” means the PPE that DHHS
recommends in relevant guidance.
(d) “Assisted living facility” means an unlicensed
establishment that offers community-based residential care for at least three
unrelated adults who are either over the age of 65 or need assistance with
activities of daily living (ADLs), including personal, supportive, and intermittent
health-related services available 24‑hours a day.
(e) “COVID-19-affected resident” means a resident
of a long-term care facility who is COVID-19 positive, who is a person under
investigation, or who displays one or more of the principal symptoms of
COVID-19.
(f) “Home for the aged” has the same meaning as
provided by section 20106(3) of the Public Health Code, MCL 333.20106(3).
(g) “Long-term care facility” means a nursing home,
home for the aged, adult foster care facility, or assisted living facility.
(h) “Medically unstable” means a change in mental
status or a significant change or abnormality in blood pressure, heart rate,
oxygenation status, or laboratory results that warrants emergent medical
evaluation.
(i) “Nursing home” has the same meaning as provided
by section 20109(1) of the Public Health Code, MCL 333.20109(1).
(j) “Person under investigation” means a person who
is currently under investigation for having the virus that causes COVID-19.
(k) “Principal symptoms of COVID-19” are fever,
atypical cough, or atypical shortness of breath.
(l) “Regional
hub” means a nursing home that is designated by DHHS as a dedicated facility to
temporarily and exclusively care for and isolate COVID-19-affected residents. A
regional hub must accept COVID-19-affected residents in accordance with
relevant DHHS orders and guidance.
(m) “Swing bed” has the meaning provided by 42 CFR
413.114(b).
2. DHHS may issue orders and directives, and take
any other actions pursuant to law, to implement this executive order.
3. This order is effective immediately and
continues through July 12, 2020.
4. Executive Order 2020-95 is rescinded.
5. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order is a misdemeanor.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 15, 2020
Time: 2:21 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following messages from the
Governor were received and read:
June 12, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 368 of 1978,
MCL 333.16121 and 333.18103:
Michigan
Board of Counseling
Ms. Rotesa Baker of 15387 Prairie
Street, Detroit, Michigan 48238, county of Wayne, succeeding Robyn Emde whose
term expires June 30, 2020, appointed to represent members who are engaged
primarily in teaching, training, or research in counseling, for a term
commencing July 1, 2020 and expiring June 30, 2024.
Mr. Roberto G. Overton of 8110
Overton Trail, Berrien Center, Michigan 49102, county of Berrien, succeeding
Gerald Papazian whose term expires June 30, 2020, appointed to represent
members who are engaged primarily in providing counseling techniques, behavior
modification techniques, or preventive techniques to clients, for a term
commencing July 1, 2020 and expiring June 30, 2024.
June 12, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 469 of 2016,
MCL 399.833:
Michigan
Historical Commission
Mr. Timothy J. Chester of 371
Sunset Avenue, S.W., Grand Rapids, Michigan 49504, county of Kent, reappointed
for a term commencing June 12, 2020 and expiring May 21, 2024.
Mrs. Robin R. Terry of 1365
Galena, Rochester Hills, Michigan 48306, county of Oakland, succeeding Susan
Safford whose term has expired, appointed for a term commencing June 12, 2020
and expiring May 21, 2024.
Mr. Larry J. Wagenaar of 6431 Redington
Drive, S.E., Ada, Michigan 49301, county of Kent, reappointed to represent the
Historical Society of Michigan, for a term commencing June 12, 2020 and
expiring May 21, 2024.
June 12, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 299 of 1980,
MCL 339.303 and 339.2402
Residential
Builders’ and Maintenance and Alteration Contractors’ Board
Mr. James R. Cowhy of 18616
Lehman Road, Manchester, Michigan 48158, county of Washtenaw, succeeding John
Kelly whose term has expired, appointed to represent licensed residential
builders, for a term commencing June 12, 2020 and expiring March 31, 2024.
Mr. Damien J. Nelson of 22384
Innsbrook Drive, Northville, Michigan 48167, county of Oakland, succeeding
Matthew Zalewski whose term has expired, appointed to represent the general
public, for a term commencing June 12, 2020 and expiring March 31, 2024.
Mr. Steven M. Swan of 10041 Oak
Island Drive, Laingsburg, Michigan 48848, county of Shiawassee, succeeding
Sidney Browne Jr. whose term has expired, appointed to represent the general
public as a building inspector, for a term commencing June 12, 2020 and
expiring March 31, 2024.
Mr. William Tanasse of 13660
Oneida Road, Grand Ledge, Michigan 48837, county of Eaton, succeeding William
Adcock who has resigned, appointed to represent licensed residential builders,
for a term commencing June 12, 2020 and expiring March 31, 2022.
Mr. Hassan Zayat of 34160 Wood
Street, Livonia, Michigan 48154, county of Wayne, succeeding Jeffrey Donius
whose term has expired, appointed to represent licensed maintenance and
alteration contractors, for a term commencing June 12, 2020 and expiring March
31, 2024.
June 12, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 403 of 2004,
MCL 338.3620:
Michigan
Unarmed Combat Commission
Mr. Josh Bocks of 58215 Sunflower
Circle, S., New Hudson, Michigan 48165, county of Oakland, reappointed to
represent members who have experience, knowledge, or background in mixed
martial arts, for a term commencing June 12, 2020 and expiring June 5, 2024.
Mrs. Sharon D. Kelly-Person of
25270 Waycross, Southfield, Michigan 48033, county of Oakland, succeeding
Teresa Graham whose term has expired, appointed to represent the general
public, for a term commencing June 12, 2020 and expiring June 5, 2024.
Ms. Anne M. Morrell of 1475
Antler Court, Rochester Hills, Michigan 48309, county of Oakland, succeeding
Chris DeRose whose term has expired, appointed to represent members who have
experience, knowledge, or background in mixed martial arts, for a term
commencing June 12, 2020 and expiring June 5, 2024.
Mrs. Tammy Timlin of 13085
Speckledwood Drive, DeWitt, Michigan 48820, county of Clinton, succeeding Ed
Pigeon whose term has expired, appointed to represent members who have
experience, knowledge, or background in mixed martial arts, for a term
commencing June 12, 2020 and expiring June 5, 2024.
Mr. John P. Toth of 14955
Farmbrook Drive, Plymouth, Michigan 48170, county of Wayne, succeeding Vincent
Philip Viviano whose term has expired, appointed to represent members who have
experience, knowledge, or background in mixed martial arts, for a term
commencing June 12, 2020 and expiring June 5, 2024.
Dr. Donald B. Weatherspoon of
8942 E. Saginaw Street, Haslett, Michigan 48840, county of Clinton, reappointed
to represent members who have experience, knowledge, or background in boxing,
for a term commencing June 12, 2020 and expiring June 5, 2024.
June 12, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 451 of 1994,
MCL 324.21524
Michigan
Underground Storage Tank Authority Board of Directors
Mrs. Juman Doleh-Alomary of 2173
Stonebridge Way, Canton, Michigan 48188, county of Wayne, reappointed to
represent the general public, for a term commencing June 12, 2020 and expiring
May 25, 2023.
Mr. Bill Saad of 19517 Parke
Lane, Grosse Ile, Michigan 48138, county of Wayne, reappointed to represent a
statewide motor fuel retail association, for a term commencing June 12, 2020
and expiring May 25, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to
the Committee on Advice and Consent.
Senators
Geiss and Santana entered the Senate Chamber.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:06 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
During
the recess, Senators Hertel, Hollier and Ananich entered the Senate Chamber.
By
unanimous consent the Senate proceeded to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator Lucido as Chairperson.
After
some time spent therein, the Committee arose; and the President, Lieutenant
Governor Gilchrist, having resumed the Chair, the Committee reported back to
the Senate, favorably and without amendment, the following bills:
House Bill No. 5341, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 407 (MCL 436.1407).
House Bill No. 5342, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 203 (MCL 436.1203), as amended by 2016 PA 520.
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL
436.1101 to 436.2303) by adding section 203a.
House Bill No. 5344, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 609c (MCL 436.1609c), as added by 2017 PA 130.
House Bill No. 5345, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 409 (MCL 436.1409), as amended by 2014 PA 48.
House Bill No. 5346, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 301 (MCL 436.1301), as amended by 2014 PA 49.
House Bill No. 5347, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 526 (MCL 436.1526), as added by 2008 PA 258.
House Bill No. 5348, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 502 (MCL 436.1502), as added by 2017 PA 129.
House Bill No. 5349, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 401 (MCL 436.1401).
House Bill No. 5350, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 307 (MCL 436.1307), as amended by 2018 PA 406.
House Bill No. 5351, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 111 (MCL 436.1111), as amended by 2018 PA 415.
House Bill No. 5352, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL
436.1101 to 436.2303) by adding section 602.
House Bill No. 5353, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 537 (MCL 436.1537), as amended by 2018 PA 560.
House Bill No. 5354, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 405 (MCL 436.1405), as amended by 2014 PA 353.
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 609a (MCL 436.1609a), as added by 2016 PA 81.
Senate Bill No. 963, entitled
A bill
to amend 1984 PA 431, entitled “The management and budget act,” by amending
section 365 (MCL 18.1365), as added by 2019 PA 160.
The
bills were placed on the order of Third Reading of Bills.
House Bill No. 5400, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 109 (MCL 436.1109), as amended by 2018 PA 409.
Substitute
(S-1)
House Bill No. 5315, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 513 (MCL 436.1513), as amended by 2018 PA 479.
Substitute
(S-1)
By
unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 963
The motion prevailed, a majority of the members
serving voting therefor.
By
unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator
MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 963
The
motion prevailed.
The
following bill was read a third time:
Senate Bill No. 963, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” by amending section 365 (MCL 18.1365), as added by
2019 PA 160.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
180 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: President
Senator
MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members
serving voting therefor.
The
Senate agreed to the title of the bill.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill
to amend 2019 PA 152, entitled “Lawful internet gaming act,” (MCL 432.301 to
432.322) by adding section 10a.
The
bill was read a first and second time by title and referred to the Committee on
Regulatory Reform.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 12:00 noon.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
The
motion prevailed.
Senator Moss’ statement is as follows:
Yesterday, the Supreme Court of
the United States ruled that LGBTQ individuals are protected under federal law
from employment discrimination on the basis of sex. Men who love men have been
fired for it, but women who are in love with men are not fired for it. That is
sex discrimination and it is now illegal in 50 states.
Countless suffered hardships to
make this landmark decision possible, especially the late Aimee Stephens, a
transgender Michigan woman. Her courage, along with the other plaintiffs,
ensure members of the LGBTQ community are not only heard but protected under
federal law. And I’ll be honest with you—I was surprised by that ruling. LGBTQ
activists, community members, support organizations, and legal scholars were
preparing for defeat. We know our lives have worth and our work provides value.
But time and time again, it has not been validated by others. It’s not
validated here in a Legislature that won’t adopt a simple LGBTQ Pride Month
resolution.
So, we were prepared to support
and console one another with the forthcoming Supreme Court ruling. Instead, we
were surprised that we were celebrating with one another. This 6-3 decision was
affirmed by four justices appointed by Democratic presidents and two justices
appointed by Republican presidents, including President Trump. I was surprised.
Here in Michigan, our Civil
Rights Commission has been investigating claims of discrimination against LGBTQ
Michiganders as sex discrimination for two years, which the Supreme Court has
affirmed. And now we must extend these affirmed employment protections to
housing and public accommodation as well. An LGBTQ person cannot be fired for
who they are, but still may be evicted or denied services. We have the
legislation in this chamber to fix this. I sponsored Senate Bill No. 351 last
year to amend the Elliott-Larsen Civil Rights Act.
I’m making the appeal to the
other side of the aisle—surprise me. Just like the composition of the
conservative-led Supreme Court, we can’t achieve equality this term without
you. In the Supreme Court Public Opinion Project, the majority of Republicans
surveyed in April and May supported LGBT rights in this chase. For the sexual
orientation item, Democratic support was 90 percent and Republican support was
74 percent. For the transgender item, Democratic support was 86 percent and the
Republican support was 69 percent. I saw a tweet today that Neil Gorsuch’s
conservative take is, Get off my land. Keep away from my gun. Stay out of my
bedroom.
I’m not asking for you to become
a hero or an activist. I’m asking you to represent your constituents—your LGBTQ
constituents, your Republican constituents. No malice from our community from
evolving, learning, and growing on this issue. We wouldn’t gain wide-reaching
support if not for people changing their minds.
Join the entire Democratic caucus
in supporting this bill and ask the Senate Majority Leader to put it up for a
vote. I welcome all of you to celebrate Pride Month with us and embrace
equality.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 12:21 p.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills and resolutions were printed and
filed on Thursday, June 11 and are available on the Michigan Legislature
website:
Senate
Bill Nos. 966 967 968
Senate
Resolution Nos. 123 124
House
Bills Nos. 5844 5845 5846 5847 5848 5849 5850 5851 5852 5853 5854 5855 5856 5857
Committee Reports
The Committee on Natural Resources
reported
Senate
Bill No. 779, entitled
A bill
to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for
the use of returnable containers for soft drinks, soda water, carbonated
natural or mineral water, other nonalcoholic carbonated drink, and for beer,
ale, or other malt drink of whatever alcoholic content, and for certain other
beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe
the powers and duties of certain state agencies and officials; and to prescribe
penalties and provide remedies,” by amending sections 3a, 3b, and 3c (MCL
445.573a, 445.573b, and 445.573c), section 3a as added by 1989 PA 148, section
3b as amended by 1998 PA 473, and section 3c as amended by 1996 PA 384.
With
the recommendation that the substitute (S-2) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Ed
McBroom
Chairperson
To
Report Out:
Yeas:
Senators McBroom, Bumstead, Outman, Schmidt and McCann
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Natural Resources submitted the following:
Meeting
held on Thursday, June 11, 2020, at 8:30 a.m., Room 403, 4th Floor, Capitol
Building
Present:
Senators McBroom (C), Bumstead, Outman, Schmidt and McCann
The Committee on Health Policy and
Human Services reported
Senate
Bill No. 77, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending section 20199
(MCL 333.20199) and by adding section 21788.
With
the recommendation that the substitute (S-2) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas:
Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel,
Santana and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Health Policy and Human Services submitted the following:
Meeting
held on Thursday, June 11, 2020, at 1:30 p.m., Senate Hearing Room, Ground
Floor, Boji Tower
Present:
Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks,
Hertel, Santana and Wojno
COMMITTEE ATTENDANCE REPORT
The
Committee on Advice and Consent submitted the following:
Meeting
held on Thursday, June 11, 2020, at 12:00 noon, Room 403, 4th Floor, Capitol
Building
Present:
Senators Nesbitt (C), Theis, McBroom and Hertel
Agriculture - Thursday, June
18, 8:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373-1721
COVID-19 Pandemic Joint Select - Thursday, June 18, 8:15 a.m., Room 352, House
Appropriations Room, 3rd Floor, Capitol Building (517) 373-5795
Finance -
Wednesday, June 17, 12:00 noon, Room 403, 4th Floor, Capitol Building (517)
373-5312
Health Policy and Human Services - Thursday, June 18, 1:00 p.m., Senate Hearing Room,
Ground Floor, Boji Tower (517) 373-5323
Natural Resources - Wednesday, June 17, 8:30 a.m., Room 403, 4th Floor, Capitol Building
(517) 373‑5312
State
Drug Treatment Court Advisory Committee
- Tuesday, June 23, 1:30 p.m., Room
352, House Appropriations Room, 3rd Floor, Capitol Building (517) 373-0212
Transportation
and Infrastructure - Wednesday, June 17, 12:00 noon, Harry
T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5323
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 12:27 p.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, June 17, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate