STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Tuesday, June 9,
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
Ed McBroom of the 38th District offered the following invocation:
Dear
Father, we thank You for the blessings that You’ve given to each of
us—blessings of family and a home, a wonderful state, and this opportunity to
serve the people of Michigan. Father, I pray this morning that You would
continue to answer our prayers for wisdom; that You would bless each of us with
the wisdom that You’ve promised when we ask. Father, help us to be servants of
the people of this state as we work for You. We pray that we would remember the
fatherless, the widow, the orphan, the poor, the downtrodden, the outcast, and those
in need. Father, these are the commands You’ve given us—to not neglect these
people.
And
across our state there is suffering, there is sorrow. There are people who don’t
know the blessings that each of us enjoy. Father, help us to have a mind for
them—a heart for them—and that we would strive to create a government that
serves the people—that rewards those who do well, those who do what is right,
and punishes those who do evil. Father, I pray that You give us clarity and understanding;
that You would bless us with truth. Help us in these difficult times to be
seekers of truth. Those who aren’t blown about by the winds of emotion or
hysteria or unknowing, but constantly seek to know what is true, what is just,
and that we would always temper these things with love. We pray that You help
each of us as we speak with each other, to give each other grace, and to show
love to one another.
I pray
these things in Jesus’ name. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
The motion prevailed, a majority of the
members serving voting therefor.
Senator
Chang moved that Senator Ananich be temporarily excused from today’s session.
The motion prevailed.
Senate Bill No. 216, entitled
A bill
to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to
380.1852) by adding sections 1508 and 1526b.
Senate Bill No. 217, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to
333.25211) by adding sections 16279 and 16279a.
Senate Bill No. 218, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 13n of chapter XVII (MCL 777.13n), as amended by 2018 PA 583.
Senate Bill No. 219, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section
90 (MCL 750.90).
Senate Bill No. 220, entitled
A bill to
amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.
House Bill No. 4370, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending sections
16213, 16299, 20175, 20175a, and 20199 (MCL 333.16213, 333.16299, 333.20175,
333.20175a, and 333.20199), sections 16213 and 20175a as added and section
20175 as amended by 2006 PA 481 and section 16299 as amended by 2012 PA 499,
and by adding sections 16213a, 16429, 17029, 17529, 17829, 17909, and 20175b.
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 13n of chapter XVII (MCL 777.13n), as amended by 2018 PA 583.
House Bill No. 4372, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending section 16221
(MCL 333.16221), as amended by 2018 PA 463.
House Bill No. 4373, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending section 16226
(MCL 333.16226), as amended by 2018 PA 463.
House Bill No. 4374, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section
483a (MCL 750.483a), as added by 2000 PA 451.
House Bill No. 4376, entitled
A bill
to amend 1975 PA 238, entitled “Child protection law,” by amending section 3
(MCL 722.623), as amended by 2016 PA 35.
House Bill No. 4377, entitled
A bill to amend 1975 PA 238, entitled “Child protection
law,” (MCL 722.621 to 722.638) by adding section 3b.
House Bill No. 4378, entitled
A bill
to amend 1976 PA 442, entitled “Freedom of information act,” by amending
section 13 (MCL 15.243), as amended by 2018 PA 68.
House Bill No. 4383, entitled
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to
750.568) by adding section 478b.
The motion prevailed, a majority of the
members serving voting therefor, and the bills were placed on the order of
General Orders.
Senator
MacGregor moved that the bills be referred to the Committee on Judiciary and
Public Safety.
The motion prevailed.
Senate Bill No. 942
The motion prevailed, a majority of the
members serving voting therefor.
Messages from the Governor
The following message from the Governor
was received on June 5, 2020, and read:
EXECUTIVE
ORDER
No.
2020-114
Safeguards to protect Michigan’s
workers from COVID-19
Rescission of Executive Order 2020-97
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,
and 2020-96, 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 4, 2020, Michigan reported 58,241 confirmed cases and 5,595 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.
In particular, businesses must do their
part to protect their employees, their patrons, and their communities. Many
businesses have already done so by implementing robust safeguards to prevent
viral transmission. But we can and must do more: no one should feel unsafe at
work. With Executive Orders 2020-91 and 2020-97, I created an enforceable set
of workplace standards that apply to all businesses across the state. I am now
amending those standards to include new provisions governing in-home services,
personal care services, sporting and entertainment venues, and gyms.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. All businesses or operations that require their
employees to leave the homes or residences for work must, at a minimum:
(a) Develop a COVID-19 preparedness and response
plan, consistent with recommendations in Guidance on Preparing Workplaces for
COVID-19, developed by the Occupational Health and Safety Administration (“OSHA”)
and available here [https://www.osha.gov/Publications/OSHA3990.pdf]. Within two weeks of resuming
in-person activities, a business’s or operation’s plan must be made readily
available to employees, labor unions, and customers, whether via website,
internal network, or by hard copy.
(b) Designate one or more worksite supervisors to
implement, monitor, and report on the COVID-19 control strategies developed
under subsection (a). The supervisor must remain on-site at all times when
employees are present on site. An on-site employee may be designated to perform
the supervisory role.
(c) Provide COVID-19 training to employees that
covers, at a minimum:
(1) Workplace infection-control practices.
(2) The proper use of personal protective
equipment.
(3) Steps the employee must take to notify the
business or operation of any symptoms of COVID-19 or a suspected or confirmed
diagnosis of COVID-19.
(4) How to report unsafe working conditions.
(d) Conduct a daily entry self-screening protocol
for all employees or contractors entering the workplace, including, at a
minimum, a questionnaire covering symptoms and suspected or confirmed exposure
to people with possible COVID-19.
(e) Keep everyone on the worksite premises at least
six feet from one another to the maximum extent possible, including through the
use of ground markings, signs, and physical barriers, as appropriate to the
worksite.
(f) Provide non-medical grade face coverings to
their employees, with supplies of N95 masks and surgical masks reserved, for
now, for health care professionals, first responders (e.g., police officers,
fire fighters, paramedics), and other critical workers.
(g) Require face coverings to be worn when
employees cannot consistently maintain six feet of separation from other
individuals in the workplace, and consider face shields when employees cannot
consistently maintain three feet of separation from other individuals in the
workplace.
(h) Increase facility cleaning and disinfection to
limit exposure to COVID-19, especially on high-touch surfaces (e.g., door
handles), paying special attention to parts, products, and shared equipment
(e.g., tools, machinery, vehicles).
(i) Adopt protocols to clean and disinfect the
facility in the event of a positive COVID-19 case in the workplace.
(j) Make cleaning supplies available to employees
upon entry and at the worksite and provide time for employees to wash hands
frequently or to use hand sanitizer.
(k) When an employee is identified with a confirmed
case of COVID-19:
(1) Immediately notify the local public health
department, and
(2) Within 24 hours, notify any co-workers,
contractors, or suppliers who may have come into contact with the person with a
confirmed case of COVID-19.
(l) An
employer will allow employees with a confirmed or suspected case of COVID-19 to
return to the workplace only after they are no longer infectious according to
the latest guidelines from the Centers for Disease Control and Prevention (“CDC”)
and they are released from any quarantine or isolation by the local public
health department.
(m) Follow Executive Order 2020-36, and any
executive orders that follow it, that prohibit discharging, disciplining, or
otherwise retaliating against employees who stay home or who leave work when
they are at particular risk of infecting others with COVID-19.
(n) Establish a response plan for dealing with a
confirmed infection in the workplace, including protocols for sending employees
home and for temporary closures of all or part of the workplace to allow for
deep cleaning.
(o) Restrict business-related travel for employees
to essential travel only.
(p) Encourage employees to use personal protective
equipment and hand sanitizer on public transportation.
(q) Promote remote work to the fullest extent
possible.
(r) Adopt any additional infection-control measures
that are reasonable in light of the work performed at the worksite and the rate
of infection in the surrounding community.
2. Businesses or operations whose work is
primarily and traditionally performed outdoors must:
(a) Prohibit gatherings of any size in which people
cannot maintain six feet of distance from one another.
(b) Limit in-person interaction with clients and
patrons to the maximum extent possible, and bar any such interaction in which
people cannot maintain six feet of distance from one another.
(c) Provide and require the use of personal
protective equipment such as gloves, goggles, face shields, and face coverings,
as appropriate for the activity being performed.
(d) Adopt protocols to limit the sharing of tools
and equipment to the maximum extent possible and to ensure frequent and
thorough cleaning and disinfection of tools, equipment, and frequently touched
surfaces.
3. Businesses or operations in the construction
industry must:
(a) Conduct a daily entry screening protocol for
employees, contractors, suppliers, and any other individuals entering a
worksite, including a questionnaire covering symptoms and suspected or
confirmed exposure to people with possible COVID-19, together with, if
possible, a temperature screening.
(b) Create dedicated entry point(s) at every
worksite, if possible, for daily screening as provided in sub‑provision
(b) of this section, or in the alternative issue stickers or other indicators
to employees to show that they received a screening before entering the
worksite that day.
(c) Provide instructions for the distribution of
personal protective equipment and designate on-site locations for soiled face
coverings.
(d) Require the use of work gloves where
appropriate to prevent skin contact with contaminated surfaces.
(e) Identify choke points and high-risk areas where
employees must stand near one another (such as hallways, hoists and elevators,
break areas, water stations, and buses) and control their access and use
(including through physical barriers) so that social distancing is maintained.
(f) Ensure there are sufficient hand-washing or
hand-sanitizing stations at the worksite to enable easy access by employees.
(g) Notify contractors (if a subcontractor) or
owners (if a contractor) of any confirmed COVID-19 cases among employees at the
worksite.
(h) Restrict unnecessary movement between project
sites.
(i) Create protocols for minimizing personal
contact upon delivery of materials to the worksite.
4. Manufacturing facilities must:
(a) Conduct a daily entry screening protocol for
employees, contractors, suppliers, and any other individuals entering the
facility, including a questionnaire covering symptoms and suspected or confirmed
exposure to people with possible COVID-19, together with temperature screening
as soon as no-touch thermometers can be obtained.
(b) Create dedicated entry point(s) at every
facility for daily screening as provided in sub-provision (a) of this section,
and ensure physical barriers are in place to prevent anyone from bypassing the
screening.
(c) Suspend all non-essential in-person visits,
including tours.
(d) Train employees on, at a minimum:
(1) Routes by which the virus causing COVID-19 is
transmitted from person to person.
(2) Distance that the virus can travel in the air,
as well as the time it remains viable in the air and on environmental surfaces.
(3) The use of personal protective equipment,
including the proper steps for putting it on and taking it off.
(e) Reduce congestion in common spaces wherever
practicable by, for example, closing salad bars and buffets within cafeterias
and kitchens, requiring individuals to sit at least six feet from one another,
placing markings on the floor to allow social distancing while standing in
line, offering boxed food via delivery or pick-up points, and reducing cash
payments.
(f) Implement rotational shift schedules where
possible (e.g., increasing the number of shifts, alternating days or weeks) to
reduce the number of employees in the facility at the same time.
(g) Stagger meal and break times, as well as start
times at each entrance, where possible.
(h) Install temporary physical barriers, where
practicable, between work stations and cafeteria tables.
(i) Create protocols for minimizing personal
contact upon delivery of materials to the facility.
(j) Adopt protocols to limit the sharing of tools
and equipment to the maximum extent possible.
(k) Ensure there are sufficient hand-washing or
hand-sanitizing stations at the worksite to enable easy access by employees,
and discontinue use of hand dryers.
(l) Notify
plant leaders and potentially exposed individuals upon identification of a
positive case of COVID-19 in the facility, as well as maintain a central log
for symptomatic employees or employees who received a positive test for
COVID-19.
(m) Send potentially exposed individuals home upon
identification of a positive case of COVID-19 in the facility.
(n) Require employees to self-report to plant
leaders as soon as possible after developing symptoms of COVID-19.
(o) Shut areas of the manufacturing facility for
cleaning and disinfection, as necessary, if an employee goes home because he or
she is displaying symptoms of COVID-19.
5. Research laboratories, but not laboratories
that perform diagnostic testing, must:
(a) Assign dedicated entry point(s) and/or times
into lab buildings.
(b) Conduct a daily entry screening protocol for
employees, contractors, suppliers, and any other individuals entering a
worksite, including a questionnaire covering symptoms and suspected or
confirmed exposure to people with possible COVID-19, together with, if
possible, a temperature screening.
(c) Create protocols and/or checklists as necessary
to conform to the facility’s COVID-19 preparedness and response plan.
(d) Suspend all non-essential in-person visitors
(including undergraduate students) until further notice.
(e) Establish and implement a plan for distributing
face coverings.
(f) Limit the number of people per square feet of
floor space permitted in a particular laboratory at one time.
(g) Close open workspaces, cafeterias, and
conference rooms.
(h) As necessary, use tape on the floor to
demarcate socially distanced workspaces and to create one-way traffic flow.
(i) Require all office and dry lab work to be
conducted remotely.
(j) Minimize the use of shared lab equipment and
shared lab tools and create protocols for disinfecting lab equipment and lab
tools.
(k) Provide disinfecting supplies and require
employees to wipe down their work stations at least twice daily.
(l) Implement
an audit and compliance procedure to ensure that cleaning criteria are
followed.
(m) Establish a clear reporting process for any
symptomatic individual or any individual with a confirmed case of COVID-19,
including the notification of lab leaders and the maintenance of a central log.
(n) Clean and disinfect the work site when an
employee is sent home with symptoms or with a confirmed case of COVID-19.
(o) Send any potentially exposed co-workers home if
there is a positive case in the facility.
(p) Restrict all non-essential work travel,
including in-person conference events.
6. Retail stores that are open for in-store sales,
as well as libraries and museums, must:
(a) Create communications material for customers
(e.g., signs or pamphlets) to inform them of changes to store practices and to
explain the precautions the store is taking to prevent infection.
(b) Establish lines to regulate entry in accordance
with subsection (c) of this section, with markings for patrons to enable them
to stand at least six feet apart from one another while waiting. Stores should
also explore alternatives to lines, including by allowing customers to wait in
their cars for a text message or phone call, to enable social distancing and to
accommodate seniors and those with disabilities.
(c) Except in Regions 6 and 8, adhere to the
following restrictions:
(1) For stores of less than 50,000 square feet of
customer floor space, must limit the number of people in the store (including
employees) to 25% of the total occupancy limits established by the State Fire
Marshal or a local fire marshal. Stores of more than 50,000 square feet must:
(A) Limit the number of customers in the store at
one time (excluding employees) to 4 people per 1,000 square feet of
customer floor space.
(B) Create at least two hours per week of dedicated
shopping time for vulnerable populations, which for purposes of this order are
people over 60, pregnant women, and those with chronic conditions, including
but not limited to heart disease, diabetes, and lung disease.
(2) The director of the Department of Health and
Human Services is authorized to issue an emergency order varying the capacity
limits described in this subsection as necessary to protect the public health.
(d) Post signs at store entrance(s) instructing
customers of their legal obligation to wear a face covering when inside the
store.
(e) Post signs at store entrance(s) informing
customers not to enter if they are or have recently been sick.
(f) Design spaces and store activities in a manner
that encourages employees and customers to maintain six feet of distance from
one another.
(g) Install physical barriers at checkout or other
service points that require interaction, including plexiglass barriers, tape
markers, or tables, as appropriate.
(h) Establish an enhanced cleaning and sanitizing
protocol for high-touch areas like restrooms, credit-card machines, keypads,
counters, shopping carts, and other surfaces.
(i) Train employees on:
(1) Appropriate cleaning procedures, including
training for cashiers on cleaning between customers.
(2) How to manage symptomatic customers upon entry
or in the store.
(j) Notify employees if the employer learns that an
individual (including a customer or supplier) with a confirmed case of COVID-19
has visited the store.
(k) Limit staffing to the minimum number necessary
to operate.
7. Offices must:
(a) Assign dedicated entry point(s) for all
employees to reduce congestion at the main entrance.
(b) Provide visual indicators of appropriate
spacing for employees outside the building in case of congestion.
(c) Take steps to reduce entry congestion and to
ensure the effectiveness of screening (e.g., by staggering start times,
adopting a rotational schedule in only half of employees are in the office at a
particular time).
(d) Require face coverings in shared spaces,
including during in-person meetings and in restrooms and hallways.
(e) Increase distancing between employees by
spreading out workspaces, staggering workspace usage, restricting non-essential
common space (e.g., cafeterias), providing visual cues to guide movement and
activity (e.g., restricting elevator capacity with markings).
(f) Prohibit social gatherings and meetings that do
not allow for social distancing or that create unnecessary movement through the
office. Use virtual meetings whenever possible.
(g) Provide disinfecting supplies and require
employees wipe down their work stations at least twice daily.
(h) Post signs about the importance of personal
hygiene.
(i) Disinfect high-touch surfaces in offices (e.g.,
whiteboard markers, restrooms, handles) and minimize shared items when possible
(e.g., pens, remotes, whiteboards).
(j) Institute cleaning and communications protocols
when employees are sent home with symptoms.
(k) Notify employees if the employer learns that an
individual (including a customer, supplier, or visitor) with a confirmed case
of COVID-19 has visited the office.
(l) Suspend
all nonessential visitors.
(m) Restrict all non-essential travel, including
in-person conference events.
8. Restaurants and bars must:
(a) Limit capacity to 50% of normal seating.
(b) Require six feet of separation between parties
or groups at different tables or bar tops (e.g., spread tables out, use every
other table, remove or put up chairs or barstools that are not in use).
(c) Create communications material for customers
(e.g., signs, pamphlets) to inform them of changes to restaurant or bar practices
and to explain the precautions that are being taken to prevent infection.
(d) Close waiting areas and ask customers to wait
in cars for a notification when their table is ready.
(e) Close self-serve food or drink options, such as
buffets, salad bars, and drink stations.
(f) Provide physical guides, such as tape on floors
or sidewalks and signage on walls to ensure that customers remain at least six
feet apart in any lines.
(g) Post sign(s) at store entrance(s) informing
customers not to enter if they are or have recently been sick.
(h) Post sign(s) instructing customers to wear face
coverings until they get to their table.
(i) Require hosts, servers, and staff to wear face
coverings in the dining area.
(j) Require employees to wear face coverings and
gloves in the kitchen area when handling food, consistent with guidelines from
the Food and Drug Administration (“FDA”).
(k) Limit shared items for customers (e.g.,
condiments, menus) and clean high-contact areas after each customer (e.g.,
tables, chairs, menus, payment tools).
(l) Train
employees on:
(1) Appropriate use of personal protective
equipment in conjunction with food safety guidelines.
(2) Food safety health protocols (e.g., cleaning
between customers, especially shared condiments).
(3) How to manage symptomatic customers upon entry
or in the restaurant.
(m) Notify employees if the employer learns that an
individual (including an employee, customer, or supplier) with a confirmed case
of COVID-19 has visited the store.
(n) Close restaurant immediately if an employee
shows symptoms of COVID-19, defined as either the new onset of cough or new
onset of chest tightness or two of the following: fever (measured or
subjective), chills, rigors, myalgia, headache, sore throat, or olfactory/taste
disorder(s), and perform a deep clean, consistent with guidance from the FDA
and the CDC. Such cleaning may occur overnight.
(o) Install physical barriers, such as sneeze
guards and partitions at cash registers, bars, host stands, and other areas
where maintaining physical distance of six feet is difficult.
(p) To the maximum extent possible, limit the
number of employees in shared spaces, including kitchens, host stands, break
rooms, and offices, to maintain at least a six-foot distance between employees.
9. Outpatient health-care facilities, including
clinics, primary care physician offices, or dental offices, and also including
veterinary clinics, must:
(a) Post signs at entrance(s) instructing patients
to wear a face covering when inside.
(b) Limit waiting-area occupancy to the number of
individuals who can be present while staying six feet away from one another and
ask patients, if possible, to wait in cars for their appointment to be called.
(c) Mark waiting rooms to enable six feet of social
distancing (e.g., by placing X’s on the ground and/or removing seats in the
waiting room).
(d) Enable contactless sign-in (e.g., sign in on
phone app) as soon as practicable.
(e) Add special hours for highly vulnerable
patients, including the elderly and those with chronic conditions.
(f) Conduct a common screening protocol for all
patients, including a temperature check and questions about COVID-19 symptoms.
(g) Place hand sanitizer and face coverings at
patient entrance(s).
(h) Require employees to make proper use of
personal protective equipment in accordance with guidance from the CDC and
OSHA.
(i) Require patients to wear a face covering when
in the facility, except as necessary for identification or to facilitate an
examination or procedure.
(j) Install physical barriers at sign-in,
temperature screening, or other service points that normally require personal
interaction (e.g., plexiglass, cardboard, tables).
(k) Employ telehealth and telemedicine to the
greatest extent possible.
(l) Limit
the number of appointments to maintain social distancing and allow adequate
time between appointments for cleaning.
(m) Employ specialized procedures for patients with
high temperatures or respiratory symptoms (e.g., special entrances, having them
wait in their car) to avoid exposing other patients in the waiting room.
(n) Deep clean examination rooms after patients
with respiratory symptoms and clean rooms between all patients.
(o) Establish procedures for building disinfection
in accordance with CDC guidance if it is suspected that an employee or patient
has COVID-19 or if there is a confirmed case.
10. All businesses or operations that provide
in-home services, including cleaners, repair persons, painters, and the like,
must:
(a) Require their employees (or, if a sole-owned
business, the business owner) to perform a daily health screening prior to
going to the job site.
(b) Maintain accurate appointment record, including
date and time of service, name of client, and contact information, to aid with
contact tracing.
(c) Limit direct interaction with customers by
using electronic means of communication whenever possible.
(d) Prior to entering the home, inquire with the
customer whether anyone in the household has been diagnosed with COVID-19, is
experiencing symptoms of COVID-19, or has had close contact with someone who
has been diagnosed with COVID-19. If so, the business or operation must
reschedule for a different time.
(e) Limit the number of employees inside a home to
the minimum number necessary to perform the work in a timely fashion.
(f) Gloves should be worn when practical and
disposed of in accordance with guidance from the CDC.
11. All businesses or operations that provide
barbering, cosmetology services, body art services (including tattooing and
body piercing), tanning services, massage services, or similar personal-care
services must:
(a) Maintain accurate appointment and walk-in
records, including date and time of service, name of client, and contact
information, to aid with contact tracing.
(b) Post sign(s) at store entrance(s) informing
customers not to enter if they are or have recently been sick.
(c) Restrict entry to customers, to a caregiver of
those customers, or to the minor dependents of those customers.
(d) Require in-use workstations to be separated by
at least six feet from one another and, if feasible, separate workstations with
physical barriers (e.g., plexiglass, strip curtains).
(e) Limit waiting-area occupancy to the number of
individuals who can be present while staying six feet away from one another and
ask customers, if possible, to wait in cars for their appointment to be called.
(f) Discontinue all self-service refreshments.
(g) Discard magazines in waiting areas and other
nonessential, shared items that cannot be disinfected.
(h) Mark waiting areas to enable six feet of social
distancing (e.g., by placing X’s on the ground and/or removing seats in the
waiting room).
(i) Require employees to make proper use of
personal protective equipment in accordance with guidance from the CDC and
OSHA.
(j) Require employees and customers to wear a face
covering at all times, except that customers may temporarily remove a face
covering when receiving a service that requires its removal. During services
that require a customer to remove their face covering, an employee must wear a
face shield or goggles in addition to the face covering.
(k) Install physical barriers, such as sneeze
guards and partitions at cash registers, where maintaining physical distance of
six feet is difficult.
(l) Cooperate
with the local public health department if a confirmed case of COVID-19 is
identified in the facility.
12. Sports and entertainment facilities, including
arenas, cinemas, concert halls, performance venues, sporting venues, stadiums
and theaters, as well as places of public amusement, such as amusement parks,
arcades, bingo halls, bowling alleys, night clubs, skating rinks, and
trampoline parks, must:
(a) Post signs outside of entrances informing
customers not to enter if they are or have recently been sick.
(b) Encourage or require patrons to wear face
coverings.
(c) Establish crowd-limiting measures to meter the
flow of patrons (e.g., digital queuing, delineated waiting areas, parking
instructions, social distance markings on ground or cones to designate social
distancing, etc.).
(d) Use physical dividers, marked floors, signs,
and other physical and visual cues to maintain six feet of distance between
persons.
(e) Limit seating occupancy to the extent necessary
to enable patrons not of the same household to maintain six feet of distance
from others (e.g., stagger group seating upon reservation, close off every
other row, etc.).
(f) For sports and entertainment facilities,
establish safe exit procedures for patrons (e.g., dismiss groups based on
ticket number, row, etc.).
(g) For sports and entertainment facilities, to the
extent feasible, adopt specified entry and exit times for vulnerable
populations, as well as specified entrances and exits.
(h) Train employees who interact with patrons
(e.g., ushers) on how to:
(1) Monitor and enforce compliance with the
facility’s COVID-19 protocols.
(2) Help patrons who become symptomatic.
(i) Frequently disinfect high-touch surfaces during
events or, as necessary, throughout the day.
(j) Disinfect and deep clean the facility after
each event or, as necessary, throughout the day.
(k) Close self-serve food or drink options, such as
buffets, salad bars, and drink stations.
13. Gymnasiums, fitness centers, recreation
centers, sports facilities, exercise facilities, exercise studios, and like
facilities must:
(a) Post sign(s) outside of entrance(s) informing
individuals not to enter if they are or have recently been sick.
(b) Maintain accurate records, including date and
time of event, name of attendee(s), and contact information, to aid with
contact tracing.
(c) To the extent feasible, configure workout
stations or implement protocols to enable ten feet of distance between
individuals during exercise sessions (or six feet of distance with barriers).
(d) Reduce class sizes, as necessary, to enable at
least six feet of separation between individuals.
(e) Provide equipment cleaning products throughout
the gym or exercise facility for use on equipment.
(f) Make hand sanitizer, disinfecting wipes, soap
and water, or similar disinfectant readily available.
(g) Regularly disinfect exercise equipment,
including immediately after use. If patrons are expected to disinfect, post
signs encouraging patrons to disinfect equipment.
(h) Ensure that ventilation systems operate
properly.
(i) Increase introduction and circulation of
outdoor air as much as possible by opening windows and doors, using fans, or
other methods.
(j) Regularly clean and disinfect public areas,
locker rooms, and restrooms.
(k) Close steam rooms and saunas.
14. Employers must maintain a record of the
requirements set forth in Sections 1(c), (d), and (k).
15. The rules described in sections 1 through 14
have the force and effect of regulations adopted by the departments and
agencies with responsibility for overseeing compliance with workplace
health-and-safety standards and are fully enforceable by such agencies. Any
challenge to penalties imposed by a department or agency for violating any of
the rules described in sections 1 through 14 of this order will proceed through
the same administrative review process as any challenge to a penalty imposed by
the department or agency for a violation of its rules.
16. Any business or operation that violates the
rules in sections 1 through 14 has failed to provide a place of employment that
is free from recognized hazards that are causing, or are likely to cause, death
or serious physical harm to an employee, within the meaning of the Michigan
Occupational Safety and Health Act, MCL 408.1011.
17. Executive
Order 2020-109, which establishes temporary safety measures for food-selling
establishments and pharmacies, does not terminate until the end of the
states of emergency and disaster declared in Executive Order 2020-99 or the end
of any subsequently declared states of disaster or emergency arising out of the
COVID-19 pandemic, whichever comes later.
18. Nothing in this order shall be taken to limit
or affect any rights or remedies otherwise available under law.
Given under my hand and the Great Seal
of the State of Michigan.
Date: June 5, 2020
Time: 10:30 a.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 5, 2020, and read:
EXECUTIVE
ORDER
No.
2020-115
Temporary restrictions on certain
events, gatherings, and businesses
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, and
2020-96, 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 4, 2020, Michigan reported 58,241 confirmed cases and 5,595 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.
Regions 6 and 8 have significantly
fewer new cases per million each day than other regions in the state and have
not shown an increase in viral activity in response to earlier relaxations of
my orders. Taking into account the public health data and the ongoing costs of
continued restrictions, I find it reasonable and necessary to move Regions 6
and 8 to Stage 5 of the Michigan Safe Start Plan as of June 10. Gyms, hair
salons, indoor theaters, tattoo parlors, and similar establishments will be
permitted to reopen, subject to strict workplace safeguards. Indoor social
gatherings and organized events of up to 50 people will be allowed, as will outdoor
social gatherings and organized events of up to 250 people.
In addition, I find it reasonable and
necessary to allow personal care services—including hair and nail salons—to
reopen statewide as of June 15. This constitutes a partial step along the path
of an orderly transition to Stage 5 for those parts of the state outside
Regions 6 and 8.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. For purposes of this order, Michigan comprises
eight separate regions.
(a) Region 1 includes the following counties:
Monroe, Washtenaw, Livingston, Genesee, Lapeer, Saint Clair, Oakland,
Macomb, and Wayne.
(b) Region 2 includes the following counties:
Mason, Lake, Osceola, Clare, Oceana, Newaygo, Mecosta, Isabella, Muskegon,
Montcalm, Ottawa, Kent, and Ionia.
(c) Region 3 includes the following counties:
Allegan, Barry, Van Buren, Kalamazoo, Calhoun, Berrien, Cass, Saint Joseph, and
Branch.
(d) Region 4 includes the following counties:
Oscoda, Alcona, Ogemaw, Iosco, Gladwin, Arenac, Midland, Bay, Saginaw, Tuscola,
Sanilac, and Huron.
(e) Region 5 includes the following counties:
Gratiot, Clinton, Shiawassee, Eaton, and Ingham.
(f) Region 6 includes the following counties:
Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska,
Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan,
Presque Isle, and Emmet.
(g) Region 7 includes the following counties:
Hillsdale, Lenawee, and Jackson.
(h) Region 8 includes the following counties:
Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette,
Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac, and Chippewa.
2. As of 12:01 a.m. on June 15, 2020, subsection
12(c) of Executive Order 2020-110, which restricts the operation of facilities
offering non-essential personal care services, is rescinded.
3. As of 12:01 a.m. on June 10, 2020, individuals
and businesses in Regions 6 and 8 are no longer subject to Executive Order
2020-110 and are instead subject to the rules described in this order.
4. Work that can be performed remotely (i.e.,
without the worker leaving his or her home or place of residence) should be
performed remotely.
5. Any business or operation that requires its
employees to leave their home or place of residence for work is subject to the
rules on workplace safeguards in Executive Order 2020-114 or any order that may
follow from it.
6. Any individual who leaves his or her home or
place of residence must:
(a) Follow social distancing measures recommended
by the Centers for Disease Control and Prevention (“CDC”), including remaining
at least six feet from people from outside the individual’s household to the
extent feasible under the circumstances.
(b) Wear a face covering over his or her nose and
mouth—such as a homemade mask, scarf, bandana, or handkerchief—when in any
enclosed public space, unless the individual is unable medically to tolerate a
face covering.
(1) An individual may be required to temporarily
remove a face covering upon entering an enclosed public space for
identification purposes. An individual may also remove a face covering to eat
or drink when seated at a restaurant or bar.
(2) Businesses and building owners, and those
authorized to act on their behalf, are permitted to deny entry or access to any
individual who refuses to comply with the rule in this subsection (b).
Businesses and building owners will not be subject to a claim that they have
violated the covenant of quiet enjoyment, to a claim of frustration of purpose,
or to similar claims for denying entry or access to a person who refuses to
comply with this subsection (b).
(3) Supplies of N95 masks and surgical masks should
generally be reserved, for now, for health care professionals, first responders
(e.g., police officers, fire fighters, paramedics), and other critical workers
who interact with the public.
(4) The protections against discrimination in the
Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq.,
and any other protections against discrimination in Michigan law, apply in full
force to individuals who wear a face covering under this order.
7. Rules on Gatherings, Performances, and Events
(a) A social gathering or organized event among
persons not part of the same household is permitted, but only to the extent
that:
(1) Persons not part of the same household maintain
six feet of distance from one another.
(2) If it is indoors, the gathering or event does
not exceed 50 people.
(3) If it is outdoors, the gathering or event does
not exceed 250 people.
(b) Notwithstanding the restrictions in subsection
(a), an arcade, bowling alley, cinema, climbing facility, convention center,
performance space, meeting hall, night club, sports arena, theater, or similar
venue may, if it is indoors, be open to spectators or patrons, but only to the
extent that it:
(1) Enables persons not part of the same household
to maintain six feet of distance from one another at all times while in the
venue.
(2) Limits the number of people in the venue to 25%
of its maximum capacity or to 250, whichever is smaller. For purposes of this
order, each separate auditorium or screening room is a separate venue.
(c) Notwithstanding the restrictions in subsection
(a), a concert space, race track, sports arena, stadium, or similar venue may,
if it is outdoors, be open to spectators or patrons, but only to the extent
that it:
(1) Enables persons not part of the same household
to maintain six feet of distance from one another at all times while in the
venue.
(2) Limits the number of people in the venue to 25%
of its maximum capacity or to 500, whichever is smaller.
(d) Subsection (a) does not apply to the incidental
gathering of persons in a shared space, including an airport, bus station,
factory floor, restaurant, shopping mall, public pool, or workplace.
8. Unless otherwise prohibited by local
regulation, outdoor parks and recreational facilities may be open, provided
that they make any reasonable modifications necessary to enable employees and
patrons not part of the same household to maintain six feet of distance from
one another, and provided that areas in which social distancing cannot be
maintained be closed, subject to guidance issued by the Department of Health
and Human Services.
9. Unless otherwise prohibited by local
regulation, public swimming pools, as defined by MCL 333.12521(d), may be open,
subject to guidance issued by the Department of Health and Human Services,
provided that:
(a) If they are outdoors, they limit capacity to
50% of the bather capacity limits described in Rule 325.2193 of the Michigan
Administrative Code.
(b) If they are indoors, they limit capacity to 25%
of the bather capacity limits described in Rule 325.2193 of the Michigan
Administrative Code.
10. Residential, travel, and troop camps within the
meaning of Rule 400.11101(n), (p), or (q) of the Michigan Administrative Code
remain closed for the time being.
11. Nothing in this order should be taken to
interfere with or infringe on the powers of the legislative and judicial
branches to perform their constitutional duties or exercise their authority.
Similarly, nothing in this order shall be taken to abridge protections
guaranteed by the state or federal constitution under these emergency
circumstances.
12. Consistent with prior guidance, neither a place
of religious worship nor its owner is subject to penalty under section 15 of
this order for allowing religious worship at such place. No individual is
subject to penalty under section 15 of this order for engaging in religious
worship at a place of religious worship, or for violating the face covering
requirement of section 6(b) of this order.
13. Except as specified, nothing in this order
supersedes any other executive order. This order takes effect immediately
unless otherwise specified.
14. In determining whether to maintain, intensify,
or relax the restrictions in this order, I will consider, among other things,
(1) data on COVID-19 infections and the disease’s rate of spread; (2) whether
sufficient medical personnel, hospital beds, and ventilators exist to meet
anticipated medical need; (3) the availability of personal protective equipment
for the health care workforce; (4) the state’s capacity to test for COVID‑19
cases and isolate infected people; and (5) economic conditions in the state.
15. 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 5, 2020
Time: 10:32 a.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 5, 2020, and read:
EXECUTIVE
ORDER
No.
2020-116
Temporary suspension of youth work
permit application requirements
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, MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945
PA 302, as amended, 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.
Every summer, many of our state’s young
residents seek employment in order to earn money, gain valuable work
experience, and contribute to the state economy. Compliance with certain
procedures related to obtaining work permits and supporting documentation from
school personnel has become prohibitively difficult with school buildings being
closed for instructional purposes. Young Michiganders constitute an important
part of the summer workforce, especially because the COVID-19 pandemic requires
that many workers stay home when experiencing symptoms or because they are part
of a vulnerable population.
Certain aspects of the Youth Employment
Standards Act, such as the requirement to use certain kinds of colored paper,
require in-person interactions that could spread COVID-19. Executive Order
2020-79 temporarily suspended these requirements. This order extends that
relief, because it continues to be reasonable and necessary to mitigate the
spread of COVID-19, protect public health, and provide protections to
vulnerable Michiganders of all ages. With this order, Executive Order 2020-79
is rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Strict compliance with section 5 of the Youth
Employment Standards Act, 1978 PA 90, MCL 409.105, is temporarily suspended to
the extent it requires an application of a work permit to be made in person. An
issuing officer may accept and examine a work permit application (including any
accompanying materials) submitted by alternative means including mail, e-mail,
fax, or web-based form. Issuing officers must make information on how such
application materials may be submitted publicly available.
2. Strict compliance with section 6 of the Youth
Employment Standards Act, MCL 409.106, is temporarily suspended such that the
color of work permits for minors under 16 years of age does not need to be
distinct from that of work permits for minors 16 years of age and over.
3. This order is effective immediately and
continues through July 3, 2020 at 11:59 p.m.
Given under my hand and the Great Seal
of the State of Michigan.
Date: June 5, 2020
Time: 12:23 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.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill
to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending
section 6023 (MCL 600.6023), as amended by 2012 PA 553.
The
bill was read a first and second time by title and referred to the Committee on
Judiciary and Public Safety.
Senator
Ananich entered the Senate Chamber.
The
motion prevailed.
Senator Zorn’s statement is as follows:
I rise today to honor a fallen
law enforcement officer. The people of Monroe County were deeply saddened to
hear on Saturday about the death of Monroe County Animal Control Officer
Darrian Young. Officer Young died in the line of duty from injuries
sustained after being hit by a suspected drunk driver. She was just 24 years
old.
Officer Young was an enthusiastic
animal lover and had a lifelong passion for horses. Darrian started riding at
age five, won two regional championships at the age of 12, and went to the
state two years with her Airport High School equestrian team. She owned and
trained and rehomed over 100 horses, often purchasing tough horses at auctions,
training them, and then providing them with a new home. Recently, she had
achieved her dream of owning a horse farm with her fiancé Zach Farris, and she
was planning on having her wedding on the farm.
In addition to loving animals,
Officer Young loved to go antiquing and she loved the outdoors. She was also
quite a practical jokester, even though when she was ready to apply that joke,
her smile often gave it away that there was something going on. It is hard to
express the sorrow felt by the entire community after losing someone so young
and full of life.
With us today are Officer Young’s
parents, mother Tammy and Brad Kampath, and father Arron Young; Darrian’s
grandparents; and fiancé Zach Farris. I ask that you please keep Darrian’s
parents, her fiancé, their families, and her colleagues at the Monroe County
Sheriff’s Office in your thoughts and prayers as they deal with this
devastating loss.
A moment of silence was observed
in memory of Monroe County Animal Control Officer Darrian Young.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:16 a.m.
The
Senate was called to order by the President pro tempore, Senator Nesbitt.
By
unanimous consent the Senate returned to the order of
Messages from the House
Senator
MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 172
The
motion prevailed.
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
section 513 (MCL 500.513), as added by 2001 PA 24.
(This
bill was returned from the House on June 3, 2020, with a House substitute
(H-1), immediate effect and full title, and was laid over under the rules. See
Senate Journal No. 49, p. 865.)
The
question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of
the members serving voting therefor, as follows:
Roll Call No.
163 Yeas—36
Alexander Geiss MacDonald Santana
Ananich Hertel MacGregor Schmidt
Barrett Hollier McBroom Shirkey
Bizon Horn McCann Stamas
Brinks Irwin McMorrow Theis
Bullock Johnson Nesbitt VanderWall
Bumstead LaSata Outman Victory
Chang Lauwers Polehanki Wojno
Daley Lucido Runestad Zorn
Nays—2
Bayer Moss
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
A bill
to amend 1961 PA 120, entitled “An act to authorize the development or
redevelopment of principal shopping districts and business improvement
districts; to permit the creation of certain boards; to provide for the
operation of principal shopping districts and business improvement districts;
to provide for the creation, operation, and dissolution of business improvement
zones; and to authorize the collection of revenue and the bonding of certain local
governmental units for the development or redevelopment projects,” by amending
sections 1, 5, 10, 10b, 10c, 10e, 10f, 10g, 10h, 10j, 10k, and 10l (MCL 125.981, 125.985, 125.990,
125.990b, 125.990c, 125.990e, 125.990f, 125.990g, 125.990h, 125.990j, 125.990k,
and 125.990l), sections 1 and 5 as amended by 2003 PA 209,
sections 10, 10c, 10f, 10g, and 10k as amended by 2018 PA 262,
sections 10b, 10e, 10h, and 10l as
amended by 2013 PA 126, and section 10j as added by 2001 PA 260.
(This
bill was returned from the House on June 3, 2020, with a House substitute
(H-1), immediate effect, and was laid over under the rules. See Senate Journal
No. 49, p. 865.)
The
question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of
the members serving voting therefor, as follows:
Roll Call No.
164 Yeas—35
Alexander Geiss MacGregor Schmidt
Ananich Hertel McBroom Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Johnson Moss VanderWall
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Chang Lucido Polehanki Zorn
Daley MacDonald Santana
Nays—3
Barrett Irwin Runestad
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
By
unanimous consent the Senate proceeded to the order of
General Orders
The
motion prevailed, and the President pro tempore, Senator Nesbitt, designated
Senator Bizon as Chairperson.
After
some time spent therein, the Committee arose; and the President pro tempore,
Senator Nesbitt, having resumed the Chair, the Committee reported back to the
Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5313, entitled
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801
(MCL 257.801), as amended by 2019 PA 88.
Substitute
(S-1)
House Bill No. 5195, entitled
A bill
to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 809
(MCL 257.809), as amended by 2019 PA 88.
Substitute
(S-1)
Senate Bill No. 942, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending sections 205, 233, 609c, 609d, and 1014 (MCL 436.1205, 436.1233,
436.1609c, 436.1609d, and 436.2014), section 205 as amended by 2015 PA 246,
section 609c as added by 2017 PA 130, section 609d as added by 2020 PA 26, and
section 1014 as added by 2015 PA 47, and by adding sections 537a, 538, and 551.
Substitute
(S-2)
By
unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator
MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 5541
The
motion prevailed.
The
following bill was read a third time:
House Bill No. 5541, entitled
A bill to amend 1972 PA 222, entitled “An act
to provide for an official personal identification card; to provide for its
form, issuance and use; to regulate the use and disclosure of information
obtained from the card; to prescribe the powers and duties of the secretary of
state; to prescribe fees; to prescribe certain penalties for violations; and to
provide an appropriation for certain purposes,” by amending sections 1 and 2
(MCL 28.291 and 28.292), section 1 as amended by 2018 PA 605 and section 2 as
amended by 2018 PA 669.
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.
165 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: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 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
Statements
The
motion prevailed.
Senator Wojno’s statement is as
follows:
I first want to recognize my
caucus colleagues for their eloquent speeches last week, and to add my voice of
support for efforts to address the pain, discrimination, and frustration that
members of black and brown communities face.
I stand here today to speak out
against racial prejudice and injustice. This past weekend I had the opportunity
to walk in the Pledge for Peace, Black Lives Matter march in Macomb County. It
was a historic event and I’m inspired by the thousands of people who
participated peacefully and are fighting for fundamental change in our
communities, state, and nation, saying loud and clear that black lives matter.
In my lifetime I have witnessed
the painfully slow attempts toward inclusion and equality for marginalized
individuals and groups. These efforts have fallen far too short of our guiding
principle that all are created equal. George Floyd’s death has again ignited a
dialogue and movement that needs to be continued so that we can all say that
the actions and steps we take have the lasting and tangible effect of moving
forward so people of color no longer feel threatened, unsafe, or silenced in
our communities.
Being white, the world reacts
differently to me. I restate my commitment that I will continue to be an ally,
offering support, working to effectuate changes in public policy, and speaking
out when we encounter social injustice. I cannot personally identify with the
pain and struggles others have felt in their lives and hearts purely because of
the color of their skin. We need to weed out this horrible injustice that has
plagued our society for far too long. I hope that we’re able to come together
to work on legislative reforms so when the time comes to leave this office, we
know we left it better than when we arrived.
On Thursday of this last week,
this body unanimously passed Senate Bill No. 945. It is a small but necessary
first step in the right direction to fight for social justice, equality in our
state, and put an end to police brutality. We cannot be complacent. We need to
maintain the momentum of this movement and demand change in law enforcement,
education, healthcare, and government. Over the last week, my caucus has been
standing up and speaking out against social injustice, but I was also angered
and saddened to receive negative comments from individuals in my district about
my caucus and passage of Senate Bill No. 945. It concerned me because two of
these individuals I’ve known for over 35 years. One is a retired public school
teacher who taught my son and the other a retired municipal department head. I
thought about how their prejudice towards people of color most likely
influenced their decisions and actions, and I now question how much of a role
did it play in their careers and interactions with the students they taught or
the community they served. This cannot continue to happen. We must acknowledge,
educate, and work for change so people of color everywhere can feel safe and
thrive in our communities and in our state.
As a legislator, I will continue
taking action to support this movement to ensure that these complex problems
are addressed. I will continue to work with my colleagues and others for
education and reform. As legislators, we have the unique privilege in this
chamber. We have lived and witnessed a unique time in history during these past
six months—first with COVID-19 and now with protests demanding action or
equality. We have the ability to make changes through policy we enact that will
impact future generations in moving forwards, so when the time comes that we
are no longer in office, we can say we’ve fought against racial injustice and
for equality. I urge all my colleagues to come together to take up actionable
legislation to help our communities so everyone—regardless of the color of
their skin—feels safe, valued, and heard. To everyone who feels unheard: I hear
you. To everyone who feels unseen: I see you and together we can continue our
fight for justice and peace in the state of Michigan.
Senator Polehanki’s statement is as
follows:
Senate Bill No. 875, to which
Senator Geiss would have offered an amendment today, has been pulled from a
vote by the majority for the second time over two weeks. This amendment would
have required in K‑12 instruction the contributions African Americans
have made to the development of the United States along with the study of
Native American history prior to colonization and the Trail of Tears.
As a former teacher, if I had not
included meaningful African American and Native American perspectives in the
teaching of the founding of our nation or the Civil War, for example, I would
have been derelict in my duty to inform kids about all aspects of our
history—the good and the ugly.
This amendment should have been a
no-brainer for a unanimous “yes” vote, so I’m disappointed that the Geiss
amendment is now dead because the bill it was attached to has been pulled once
again.
Senator Barrett’s statement is as
follows:
I was thinking about this quite a
bit over the weekend and at the end of our week last week in session. As we
left here on Thursday, I actually was speaking with one of my colleagues across
the aisle. I don’t have the experiences that the members last week spoke about.
I don’t have that experiential background that they spoke of, so I can’t weigh
in on those unique perspectives and experiences that they do have.
One thing I wanted to reassure
the state, our constituents, and my colleagues on the other side of the aisle
is that I think we as a body are more unified right now than appearances would
show. All of us condemn what happened to Mr. Floyd. All of us agree that it was
an egregious example of an overuse of force. All of us believe that those
responsible ought to be held to the highest degree of accountability that the
law allows. There’s no division about what took place and whether it was right
or wrong—we’re all condemning that as being wrong.
I had a Zoom call with a number
of my constituents yesterday and they said, You guys all just seem divided and
going back and forth, and there’s this constant division and everything. Make
no doubt—there’s going to be disagreement and division that we have. We have a
very tough road ahead to craft a budget that we can agree on. We are going to
have matters of policy disagreement that exist prior to all of this happening,
but in this respect I don’t want to let the opportunity go by to show that we
are unified in being outraged by what happened and condemning the acts that
took place that led to the death of Mr. Floyd, and I felt compelled to speak
about that today, Mr. President.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills and resolution were printed and
filed on Thursday, June 4 and are available on the Michigan Legislature
website:
Senate
Bill Nos. 958 959 960 961
Senate
Resolution No. 122
House
Bill Nos. 5830 5831 5832 5833 5834 5835 5836 5837 5838 5839 5840
Committee Reports
The Committee on Health Policy and
Human Services reported
House Bill No. 5412, entitled
A bill to amend 1956 PA 218,
entitled “The insurance code of 1956,” by amending section 3476 (MCL 500.3476),
as amended by 2017 PA 223.
With the recommendation that the bill
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 was referred to the Committee
of the Whole.
The Committee on Health Policy
and Human Services reported
House Bill No. 5413, entitled
A bill to amend 1980 PA 350,
entitled “The nonprofit health care corporation reform act,” by amending
section 401k (MCL 550.1401k), as added by 2012 PA 214.
With the recommendation that the bill
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 was referred to the Committee
of the Whole.
The Committee on Health Policy
and Human Services reported
House Bill No. 5414, entitled
A bill to amend 1974 PA 258,
entitled “Mental health code,” by amending sections 100c and 100d (MCL
330.1100c and 330.1100d), section 100c as amended by 2016 PA 320 and section
100d as amended by 2015 PA 59.
With the recommendation that the bill
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 was referred to the Committee
of the Whole.
The Committee on Health Policy
and Human Services reported
House Bill No. 5415, entitled
A bill to amend 1939 PA 280,
entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section
105g.
With the recommendation that the bill
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 was referred to the Committee
of the Whole.
The Committee on Health Policy
and Human Services reported
House Bill No. 5416, entitled
A bill to amend 1939 PA 280,
entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section
105h.
With the recommendation that the bill
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 was 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 4, 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
The Committee on Regulatory Reform
reported
Senate Bill No. 942, entitled
A bill to amend 1998 PA 58,
entitled “Michigan liquor control code of 1998,” by amending sections 205, 233,
609c, 609d, and 1014 (MCL 436.1205, 436.1233, 436.1609c, 436.1609d, and
436.2014), section 205 as amended by 2015 PA 246, section 609c as added by 2017
PA 130, section 609d as added by 2020 PA 26, and section 1014 as added by 2015
PA 47, and by adding sections 537a, 538, and 551.
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.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Regulatory
Reform reported
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).
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that the
bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
House Bill No. 5343, entitled
A bill to amend 1998 PA 58,
entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by
adding section 203a.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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).
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
House Bill No. 5355, entitled
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.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Regulatory
Reform reported
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.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas: Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki 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 Regulatory
Reform submitted the following:
Meeting held on Thursday, June 4,
2020, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Nesbitt (C), Theis,
Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki and Wojno
Administrative Rules - Wednesday, June 10, 3:30 p.m., Senate Hearing Room,
Ground Floor, Boji Tower, (517) 373-5630
Advice and Consent - Thursday, June 11, 12:00 noon, Room S403, 4th Floor, Capitol Building
(517) 373‑5314
COVID-19 Pandemic Joint Select - Thursday, June 11, 8:15 a.m., Room 519, Anderson House
Office Building, (517) 373-5795
Energy and Technology Joint with Environmental Quality - Wednesday, June 10, 8:30 a.m., Senate Hearing Room,
Ground Floor, Boji Tower (517) 373-1721 and (517) 373-5323
Finance -
Wednesday, June 10, 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-5312
Judiciary and Public Safety - Thursday,
June 11, 8:30 a.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building (517) 373-5312
Natural Resources - Thursday, June
11, 8:30 a.m., Room S403, 4th Floor, Capitol Building (517) 373‑5312
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 12:34 p.m.
The
President pro tempore, Senator Nesbitt, declared the Senate adjourned until
Wednesday, June 10, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate