STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th
Legislature
REGULAR SESSION OF
2020
House Chamber, Lansing, Thursday, October 1, 2020.
12:00 Noon.
The House was called to order by the Clerk.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the
following bills had been reproduced and made available electronically on
Wednesday, September 30:
The Clerk announced that the following Senate bills had been received
on Thursday, October 1:
Senate Bill Nos. 77 82 991
Messages from the Governor
Time: 1:20 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5396 (Public Act No.
166, I.E.), being
An act to make, supplement, adjust, and
consolidate appropriations for various state departments and agencies, the
judicial branch, and the legislative branch for the fiscal years ending
September 30, 2020 and September 30, 2021; to provide for certain conditions on
appropriations; and to provide for the expenditure of the appropriations; and
to repeal acts and parts of acts.
(Filed with the Secretary of State on September 30, 2020, at 2:36 p.m.)
Time: 1:22 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 6118 (Public Act No. 167,
I.E.), being
An act to amend 1954 PA 116, entitled “An act to
reorganize, consolidate, and add to the election laws; to provide for election
officials and prescribe their powers and duties; to prescribe the powers and
duties of certain state departments, state agencies, and state and local
officials and employees; to provide for the nomination and election of
candidates for public office; to provide for the resignation, removal, and
recall of certain public officers; to provide for the filling of vacancies in
public office; to provide for and regulate primaries and elections; to provide
for the purity of elections; to guard against the abuse of the elective
franchise; to define violations of this act; to provide appropriations; to
prescribe penalties and provide remedies; and to repeal certain acts and all
other acts inconsistent with this act,” by amending section 624g (MCL
168.624g), as amended by 1990 PA 7.
(Filed with the Secretary of State on September 30, 2020, at 2:38 p.m.)
The following message from the Governor
was received September 30, 2020 and read:
(CORRECTED)
EXECUTIVE ORDER
No. 2020-182
Council on Climate Solutions
Department of Environment, Great Lakes, and Energy
The science is clear, and
message urgent: the earth’s climate is now changing faster than at any point in
the history of modern civilization, and human activities are largely
responsible for this change. Climate change already degrades Michigan’s
environment, hurts our economy, and threatens the health and well-being of our
residents, with communities of color and low-income Michiganders suffering
most. Inaction over the last half-century has already wrought devastating
consequences for future generations, and absent immediate action, these harmful
effects will only intensify. But we can avoid some of the worst harms by
quickly reducing greenhouse gas emissions and adapting nimbly to our changing
environment.
At this moment, our state
is reckoning with the failure of U.S. officials to adequately prepare for the
challenges of a global pandemic. We cannot make the same mistake when it comes
to impending climate crises of food instability, crop-killing droughts, deadly
heatwaves, and intensifying weather events. Even now, fires of historic
proportion are raging across the West Coast, offering a tragic reminder that
climate change is a present-day threat and is not waiting for our attention.
To combat this climate
crisis, Michigan must take comprehensive, coordinated, and aggressive action.
That is why, with Executive Directive 2020-10, I directed the Department of
Environment, Great Lakes, and Energy, through its Office of Climate and Energy,
to develop, issue, and oversee the implementation of the MI Healthy Climate
Plan (“Plan”), which will serve as the action plan for this state to reduce
greenhouse gas emissions and transition toward economywide carbon neutrality.
The development and
implementation of this Plan would benefit from the guidance of a council
composed of individuals representing various sectors and communities throughout
this state, who can use their diversity of experiences and expertise to ensure
that Michigan pursues and achieves its carbon-neutrality goals as effectively
and equitably as possible.
Section 1 of article 5 of
the Michigan Constitution of 1963 vests the executive power of the State of
Michigan in the governor.
Section 8 of article 5 of
the Michigan Constitution of 1963 places each principal department of state
government under the supervision of the governor unless otherwise provided.
Section 8 of article 5 of
the Michigan Constitution of 1963 obligates the governor to take care that the
laws be faithfully executed.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Creating the Council on Climate Solutions
(a) The Council on
Climate Solutions (“Council”) is created as an advisory body within the
Department of Environment, Great Lakes, and Energy (“Department”).
(b) The Council
must consist of:
(1) The
director of the Department, or the director’s designee from within the
Department.
(2) The
director of the Department of Agriculture and Rural Development, or the
director’s designee from within that department.
(3) The
director of the Department of Labor and Economic Opportunity, or the director’s
designee from within that department.
(4) The
director of the Department of Natural Resources, or the director’s designee
from within that department.
(5) The
director of the Department of Transportation, or the director’s designee from
within that department.
(6) The
director of the Department of Health and Human Services, or the director’s
designee from within that department.
(7) The
chairperson of the Michigan Public Service Commission, or the chairperson’s
designee from within that agency.
(8) The
Treasurer of the State of Michigan, or the Treasurer’s designee from within the
Department of the Treasury.
(9) The
Chief Executive Officer of the Michigan Economic Development Corporation, or
the Chief Executive Officer’s designee from within that organization.
(10) 14
residents of this state appointed by the governor representing the range of
sectors, experiences, and expertise relevant to this issue.
(c) Of the Council
members initially appointed under section 1(b)(10), 4 members must be appointed
for a term of four years, 4 members must be appointed for a term of three
years, 3 members must be appointed for a term of 2 years, and 3 members
must be appointed for a term of one year. After these initial appointments, a
member of the Council appointed under section 1(b)(10) must be appointed for a
term of four years.
(d) Council
members appointed under section 1(b)(1)-(9) are ex officio members and serve at
the pleasure of the governor.
(e) A vacancy on
the Council created other than by the expiration of the term of a member of the
Council must be filled in the same manner as the original appointment, for the
remainder of the unexpired term. A member of the Council may be reappointed for
additional terms.
2. Charge to the Council
(a) The Council
must act in an advisory capacity to the governor and the Department, and must
do the following:
(1) Advise
the Department in formulating and overseeing the implementation of the MI Healthy
Climate Plan, which will serve as the action plan for this state to reduce
greenhouse gas emissions and transition toward economywide carbon neutrality.
This work must include, but is not limited to:
(a) Identifying
and recommending opportunities for the development and effective implementation
of emissions-reduction strategies.
(b) Identifying
solutions to resolve impact disparities across Michigan and recommending
targeted solutions for communities disproportionately impacted by the changing
climate.
(2) Provide
other information or advice or take other actions as requested by the governor.
(b) The Council
must report regularly to the governor on its activities.
3. Operations of the Council
(a) The Department
must assist the Council in the performance of its duties and provide personnel
to staff the Council. The budgeting, procurement, and related management
functions of the Council will be performed under the direction and supervision
of the director of the Department.
(b) The Council
must adopt procedures, consistent with this order and applicable law, governing
its organization and operations.
(c) The Council
must comply with the Freedom of Information Act, 1976 PA 442, as amended, MCL
15.231 to 15.246.
(d) The governor
must designate the chairperson of the Council.
(e) The Council
may select from among its members a vice chairperson.
(f) The Council
may select from among its members a secretary. Council staff must assist the
secretary with recordkeeping responsibilities.
(g) The Council
must meet at the call of its chairperson and as otherwise provided in the
procedures adopted by the Council.
(h) A majority of
the members of the Council serving constitutes a quorum for the transaction of
the business of the Council. The Council must act by a majority vote of its
members.
(i) The Council
may establish advisory workgroups composed of individuals or entities
participating in Council activities or other members of the public as deemed
necessary by the Council to assist it in performing its duties and
responsibilities. The Council may adopt, reject, or modify any recommendations
proposed by an advisory workgroup.
(j) The Council
may, as appropriate, make inquiries, studies, and investigations, hold hearings,
and receive comments from the public. The Council also may consult with outside
experts to perform its duties, including experts in the private sector,
organized labor, and government agencies, and at institutions of higher
education.
(k) The Council
may hire or retain contractors, sub-contractors, advisors, consultants, and
agents, and may make and enter into contracts necessary or incidental to the
exercise of the powers of the Council and the performance of its duties as the
director of the Department deems advisable and necessary, consistent with this
order and applicable law, rules and procedures, subject to available funding.
(l) The Council
may accept donations of labor, services, or other things of value from any
public or private agency or person. Any donations must be received and used in
accordance with law.
(m) Members of the
Council must not receive additional compensation for participation on the
Council. Members of the Council may receive reimbursement for necessary travel
and expenses consistent with applicable law, rules, and procedures, subject to
available funding.
(n) Members of the
Council must refer all legal, legislative, and media contacts to the
Department.
4. Implementation
(a) All
departments, agencies, committees, commissioners, and officers of this state
must give to the Council, or to any member or representative of the Council,
any necessary assistance required by the Council, or any member or
representative of the Council, in the performance of the duties of the Council
so far as is compatible with their duties and consistent with this order and
applicable law. Free access also must be given to any books, records, or
documents in their custody relating to matters within the scope of inquiry,
study, or review of the Council, consistent with applicable law.
(b) This order is
not intended to abate a proceeding commenced by, against, or before an officer
or entity affected by this order. A proceeding may be maintained by, against,
or before the successor of any officer or entity affected by this order.
(c) Nothing in
this order should be construed to change the organization of the executive
branch of state government or the assignment of functions among its units, in a
manner requiring the force of law.
(d) Section 2(e) of Executive Order 2019-10 is
rescinded, and now provides: “The Task Force shall complete its work and shall
issue a final report detailing its findings and policy recommendations by
December 31, 2020.”
(e) Appointees to
The Michigan Joint Task Force on Jail and Pretrial Incarceration appointed
under section 1(c) of Executive Order 2019-10 must continue in their terms
until December 31, 2020.
(f) If any
portion of this order is found to be unenforceable, the rest of the order
remains in effect.
(g) This order is
effective upon filing.
Given under my hand and
the Great Seal of the State of Michigan.
Date: September 23, 2020
Time: 1:45 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the clerk.
The following message from the Governor
was received September 30, 2020 and read:
EXECUTIVE ORDER
No. 2020-191
Enhanced protections for residents and staff of long-term care
facilities during the COVID-19 pandemic
Rescission of Executive Order 2020-179
From day one, I have
taken action to protect seniors from the deadly COVID-19 pandemic. Because of
the inordinate risk of COVID-19 to elderly Michiganders living in congregate
settings, I have issued executive orders implementing special protections for residents
and employees of long-term care facilities. To ensure our nursing homes are as
safe as possible, I pushed our inspectors to complete 100% of infection control
surveys more than two months before the federal deadline, and they delivered.
And I have worked tirelessly to procure tests and PPE to keep seniors safe, and
to facilitate testing for all nursing home residents and staff, with little to
no assistance from federal authorities. To protect against a possible second
wave, I created the nursing home preparedness task force, which produced its
report August 31. Finally, my stay-home and safe-start orders have dramatically
cut the infection rate and limited community spread, the single-greatest threat
to the residents of long-term care facilities.
Because COVID-19
continues to threaten the health and safety of elderly Michiganders living in
long-term care facilities, it is reasonable and necessary to continue the
enhanced protections for residents and staff of long-term care facilities put
in place back in April 2020. This order rescinds my prior executive order on
this topic, and reflects certain recommendations of the Nursing Home Task
Force. The Michigan Department of Health and Human Services remains empowered
to issue orders and directives to implement this order and should continue to
carefully consider the recommendations of the Nursing Home Task Force in doing
so.
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 August 21, 2020, the
Court of Appeals ruled that the Governor’s declaration of a state of emergency,
her extensions of the state of emergency, and her issuance of related EOs
clearly fell within the scope of the Governor’s authority under the EPGA.
On September 29, 2020, I
issued Executive Order 2020-186, 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:
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
Care and Recovery Center 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 Care and
Recovery Centers 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 2020-172 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 2020-172 or any order that may follow from it.
2. Long-term care
facilities must:
(a) Limit communal
dining and internal and external group activities consistent with Center for
Medicare and Medicaid Services guidance and DHHS guidance;
(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 and residents of the presence of a confirmed COVID-19 positive
employee or resident;
(e) As soon as
reasonably possible, but no later than 24 hours after identification of a
confirmed COVID-19 positive employee or resident:
(1) Inform
legal guardians or health proxies for all residents within the facility of the
presence of a confirmed COVID-19 positive employee or resident;
(2) Post a
notice in a conspicuous place near the main entrance of the facility indicating
the presence of a confirmed COVID-19 positive employee or resident. The notice
must continue to be displayed until 14 days after the last positive COVID-19
test result for an employee or resident in the facility;
(3) Adopt a
protocol to inform prospective residents and staff of the presence of a
confirmed COVID-19 positive employee or resident. The protocol must remain in
place until 14 days after the last positive COVID-19 test result for an
employee or resident in the facility;
(4) Contact
the local health department in the facility’s jurisdiction to report the
presence of a confirmed COVID-19 positive employee or resident;
(5) Support
any contact tracing efforts as requested.
(f) Notify
employees of any changes in CDC recommendations related to COVID-19;
(g) 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
(h) Report to DHHS
all presumed positive COVID-19 cases in the facility together with any
additional data when 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. Except as otherwise
provided by DHHS policy or guidance, 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 Care and Recovery Center, 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 Care and Recovery
Center, the facility where the resident resided prior to hospitalization, and
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) “Care and
Recovery Center” 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 Care and Recovery Center also includes a nursing home that was
previously designated as a regional hub by DHHS, until such time as the
facility’s regional hub designation is rescinded. A Care and Recovery Center
must accept COVID-19-affected residents in accordance with relevant DHHS orders
and guidance.
(f) “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.
(g) “Home for the
aged” has the same meaning as provided by section 20106(3) of the Public Health
Code, MCL 333.20106(3).
(h) “Long-term
care facility” means a nursing home, home for the aged, adult foster care
facility, or assisted living facility.
(i) “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.
(j) “Nursing home”
has the same meaning as provided by section 20109(1) of the Public Health Code,
MCL 333.20109(1).
(k) “Person under
investigation” means a person who is currently under investigation for having
the virus that causes COVID-19.
(l) “Principal
symptoms of COVID-19” are fever, atypical cough, or atypical shortness of
breath.
(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.
4. Executive Order
2020-179 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: September 30, 2020
Time: 5:50 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred
to the clerk.
By unanimous consent the House returned to the order of
Messages from the Senate
A
bill to prescribe the powers and duties of certain state governmental officers
and entities; to create a statewide broadband service grant program; and to
establish a process for the application and awarding of grant money.
The
Senate has passed the bill and ordered that it be given immediate effect.
The
bill was referred to the Clerk for enrollment printing and presentation to the
Governor.
A
bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL
250.1001 to 250.2084) by adding section 16d.
The
Senate has passed the bill, ordered that it be given immediate effect and
pursuant to Joint Rule 20, inserted the full title.
The
House agreed to the full title.
The
bill was referred to the Clerk for enrollment printing and presentation to the
Governor.
A
bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by
amending section 11d of chapter XVII (MCL 777.11d), as amended by 2018 PA 661.
The
Senate has passed the bill and pursuant to Joint Rule 20, inserted the full
title.
The
House agreed to the full title.
The
bill was referred to the Clerk for enrollment printing and presentation to the
Governor.
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
11c (MCL 247.661c), as amended by 2015 PA 182.
The
Senate has substituted (S-1) the bill.
The
Senate has passed the bill as substituted (S-1) and ordered that it be given
immediate effect.
The
Speaker announced that pursuant to Rule 42, the bill was laid over one day.
A bill to amend 1978 PA
368, entitled “Public health code,” by amending sections 20199, 21702, and
21703 (MCL 333.20199, 333.21702, and 333.21703), section 21702 as amended by
1994 PA 73 and section 21703 as amended by 2015 PA 155, and by adding sections
21788, 21788a, 21788b, 21788c, 21788d, 21788e, 21788f, 21788g, 21788h, and
21788i.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 2018 PA 386.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
A bill to amend 2019 PA 152, entitled “Lawful internet gaming act,” by amending sections 3, 5, 7, and 11 (MCL 432.303, 432.305, 432.307, and 432.311).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
______
The Clerk declared the House adjourned until Tuesday, October 6, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives