Journal
of the Senate
100th Legislature
REGULAR
SESSION OF 2020
Senate Chamber, Lansing, Wednesday, July 29, 2020.
10:00 a.m.
Pursuant to
rule 1.101, in the absence of the Presiding Officers, the Senate was called to
order by the Secretary of the Senate.
Messages from the Governor
The following message from the Governor
was received on July 24, 2020, and read:
EXECUTIVE ORDER
No. 2020-156
Temporary
restrictions on entry into health care facilities, residential care
facilities,
congregate care facilities, and juvenile justice facilities
Rescission
of Executive Order 2020-136
To
protect Michigan’s most vulnerable populations living in congregate settings,
this executive order continues until August 31 the limited and temporary
restrictions on the entry of individuals into health care facilities,
residential care facilities, congregate care facilities, and juvenile justice
facilities previously imposed by Executive Order 2020-136. The Michigan
Department of Health and Human Services remains empowered to specify exceptions
to these restrictions.
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. There is
currently no approved vaccine or antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4.
This order declared a state of emergency across the state of Michigan under
section 1 of article 5 of the Michigan Constitution of 1963, the Emergency
Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945,
1945 PA 302, as amended (EPGA), MCL 10.31 et
seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
EPGA, as well as Executive Order 2020-68 to issue new emergency and disaster
declarations under the EMA.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are being challenged on appeal.
On June 18, 2020, I issued
Executive Order 2020-127, 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 mitigate the spread of
COVID-19 and to provide essential protections to vulnerable Michiganders and to
this state’s health care system and other critical infrastructure, it is
reasonable and necessary to impose limited and temporary restrictions on the
entry of individuals into health care facilities, residential care facilities,
congregate care facilities, and juvenile justice facilities.
Executive Order 2020-136 and its
predecessors imposed such restrictions and authorized the Department of Health
and Human Services to create exceptions. In light of the ongoing risk to
residents and employees of those facilities, it is reasonable and necessary to
further extend such restrictions. With this order, Executive Order 2020-136 is
rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Except as otherwise provided by the order of
the Director of the Department of Health and Human Services (DHHS), all health
care facilities, residential care facilities, congregate care facilities, and
juvenile justice facilities must prohibit from entering their facilities any
visitors that: are not necessary for the provision of medical care, the support
of activities of daily living, or the exercise of power of attorney or
court-appointed guardianship for an individual under the facility’s care; are
not a parent, foster parent, prospective adoptive parent, or guardian of an
individual who is 21 years of age or under and who is under the facility’s
care; are not visiting an individual under the facility’s care that is in
serious or critical condition or in hospice care; and are not visiting under
exigent circumstances or for the purpose of performing official governmental
functions.
2. All health care facilities, residential care
facilities, congregate care facilities, and juvenile justice facilities must
perform a health evaluation of all individuals that are not under the care of
the facility each time the individual seeks to enter the facility, and must
deny entry to those individuals who do not meet the evaluation criteria. The
evaluation criteria must include, at a minimum, symptoms of a respiratory
infection, such as fever, cough, or shortness of breath; contact in the last 14
days with someone with a confirmed diagnosis of COVID-19; and other criteria
specified by the Director of DHHS.
3. Any staff member or visitor of a residential
care facility, congregate care facility, or juvenile justice facility must wear
a covering over his or her nose and mouth when indoors or within six feet of another
person.
4. While the restrictions of this order are in
place, all health care facilities, residential care facilities, congregate care
facilities, and juvenile justice facilities must make best efforts to
facilitate visitations with individuals under their care by phone or other
electronic communication platforms to the fullest extent possible, consistent
with normal visitation policies.
5. For purposes of this order, “residential care
facilities” includes, but is not limited to, homes for the aged, nursing homes,
adult foster care facilities, hospice facilities, substance abuse disorder
residential facilities, independent living facilities, and assisted living
facilities.
6. The Director of DHHS may issue orders and
directives to implement this order, including to specify exceptions to section
1 of this order, and to specify additional evaluation criteria under section 2
of this order.
7. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order shall constitute a misdemeanor.
8. Executive Order 2020-136 is rescinded.
9. This order is effective immediately and
continues through August 31, 2020 at 11:59 p.m.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 23, 2020
Time: 7:17 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on July 27, 2020, and read:
EXECUTIVE ORDER
No. 2020-157
Temporary
suspension of youth work permit application requirements
Rescission
of Executive Order 2020-140
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. In
order to reduce the need for such in-person interactions, this executive order
continues until August 31 the suspension of certain requirements for
applications for youth work permits previously imposed by Executive Order
2020-140.
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. There is
currently no approved vaccine or antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers
of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the EPGA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are being challenged on appeal.
On June 18, 2020, I issued
Executive Order 2020-127, 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 2020-140 and its predecessors temporarily suspended these
requirements. This order further extends that policy, 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 2020-140 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. Executive Order 2020-140 is rescinded.
4. This order is effective immediately and
continues through August 31, 2020 at 11:59 p.m.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 27, 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 July 27, 2020, and read:
EXECUTIVE ORDER
No. 2020-158
Encouraging
the use of electronic signatures and remote notarization,
witnessing, and visitation during the COVID-19 pandemic
Rescission
of Executive Order 2020-131
In
order to reduce in-person interactions that may lead to the spread of COVID-19,
this order continues until August 31 the suspension of certain requirements
related to notarizations, witnessing of signatures, and in-person visitation
previously imposed by Executive Order 2020-131.
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. There is
currently no approved vaccine or antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers
of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the EPGA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are being challenged on appeal.
On June 18, 2020, I issued
Executive Order 2020-127, 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 mitigate the spread of
COVID-19, protect the public health, and provide essential protections to
vulnerable Michiganders, it is crucial that all Michiganders limit in-person
contact to the fullest extent possible. This includes social distancing and
minimizing in-person work and interaction to only that which is strictly
necessary. To that end, it is reasonable and necessary to provide limited and
temporary relief from certain rules and requirements so as to enable and encourage
the use of electronic signatures, remote notarizations, remote witness
attestations and acknowledgments, and remote visitations. This will help ensure
that necessary transactions and interactions may continue to occur during this
time of crisis without unduly compromising the health and safety of this state
and its residents.
Executive Order 2020-131 and its
predecessors provided that relief. This order further extends that policy
because it remains reasonable and necessary in light of the ongoing COVID-19
pandemic. With this order, Executive Order 2020-131 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Strict compliance with rules and procedures
under the Uniform Electronic Transactions Act (“UETA”), 2000 PA 305, as
amended, MCL 450.831 et seq., and the
Uniform Real Property Electronic Recording Act (“URPERA”), 2010 PA 123, as
amended, MCL 565.841 et seq., is
temporarily suspended to the extent necessary to permit the use of an
electronic signature for a transaction whenever a signature is required under
Michigan law, unless the law specifically mandates a physical signature. As
provided in section 7 of the UETA, MCL 450.837, a signature will not be denied
legal effect or enforceability solely because it is in electronic form and if a
law requires a signature, an electronic signature satisfies the law.
2. Strict compliance with rules and procedures
under section 18 of the UETA, MCL 450.848, is temporarily suspended so as to
permit each state department to send and accept electronic records and
electronic signatures to and from other persons without a determination from or
approval by the Department of Technology, Management and Budget.
3. Strict compliance the Michigan Law on Notarial
Acts, 2003 PA 238, as amended, MCL 55.261 et
seq., is temporarily suspended, to the extent it requires a notary to be in
the physical presence of an individual seeking the notary’s services or of any
required witnesses.
4. To minimize in-person interaction and
facilitate remote work during the declared states of emergency and disaster:
(a) Governmental agencies and officials of this
state are encouraged to use or permit the use of electronic records and
electronic signatures for transaction of business, processing of applications,
and recognition of the validity of legal instruments, and, when a notarized
signature is mandated by law, to use a remote electronic notary pursuant to the
Michigan Law on Notarial Acts, MCL 55.261 et
seq.
(b) Persons and entities engaged in transactions
are encouraged to use electronic records and electronic signatures and, when a
notarized signature is mandated by law, to use a remote electronic notary
pursuant to the Michigan Law on Notarial Acts, MCL 55.261 et seq.
5. In addition to other means available by law,
any notarial act that is required under Michigan law may be performed by a
notary who currently holds a valid notarial commission in this state (“notary”)
utilizing two-way real-time audiovisual technology, provided that all of the
following conditions are met:
(a) The two-way real-time audiovisual technology
must allow direct interaction between the individual seeking the notary’s
services, any witnesses, and the notary, wherein each can communicate
simultaneously by sight and sound through an electronic device or process at
the time of the notarization.
(b) The two-way real-time audiovisual technology
must be capable of creating an audio and visual recording of the complete
notarial act and such recording must be made and retained as a notarial record
in accordance with sections 26b(7) to 26b(9) of the Michigan Law on Notarial
Acts, MCL 55.286b(7) to 55.286b(9).
(c) The individual seeking the notary’s services
and any required witnesses, if not personally known to the notary, must present
satisfactory evidence of identity (e.g., a valid state-issued photo
identification) to the notary during the video conference, not merely transmit
it prior to or after the transaction, to satisfy the requirements of the
Michigan Law on Notarial Acts, MCL 55.261 et
seq., and any other applicable law.
(d) The individual seeking the notary’s services
must affirmatively represent either that the individual is physically situated
in this state, or that the individual is physically located outside the
geographic boundaries of this state and that either:
(1) The document is intended for filing with or
relates to a matter before a court, governmental entity, public official, or
other entity subject to the jurisdiction of this state; or
(2) The document involves property located in the
territorial jurisdiction of this state or a transaction substantially connected
to this state.
If an individual is physically
located outside of the geographic boundaries of this state, the notary must
have no actual knowledge that the individual’s act of making the statement or
signing the document is prohibited by the laws of the jurisdiction in which the
individual is physically located.
(e) The individual seeking the notary’s services,
any required witnesses, and the notary must be able to affix their signatures
to the document in a manner that renders any subsequent change or modification
of the remote online notarial act to be tamper evident.
(f) The individual seeking the notary’s services or
the individual’s designee must transmit by fax, mail, or electronic means a
legible copy of the entire signed document directly to the notary on the same
date it was signed. This requirement shall apply regardless of the manner in
which the document is signed.
(g) Once the notary has received a legible copy of
the document with all necessary signatures, the notary may notarize the
document and transmit the notarized document back to the individual seeking the
notary’s services.
(h) The official date and time of the notarization
shall be the date and time when the notary witnesses the signature via two-way
real-time audiovisual technology as required under this section.
6. Any requirement under Michigan law that an
in-person witness attest to or acknowledge an instrument, document, or deed may
be satisfied by the use of two-way real-time audiovisual technology, provided
that all of the following conditions are met:
(a) The two-way real-time audiovisual technology
must allow direct, contemporaneous interaction by sight and sound between the
individual signing the document (the “signatory”) and the witness(es).
(b) The interaction between the signatory and the
witness(es) must be recorded and preserved by the signatory or the signatory’s
designee for a period of at least three years, unless a law of this state
requires a different period of retention.
(c) The signatory must affirmatively represent
either that the signatory is physically situated in this state, or that the
signatory is physically located outside the geographic boundaries of this state
and that either of the following apply:
(1) The document is intended for filing with or
relates to a matter before a court, governmental entity, public official, or
other entity subject to the jurisdiction of this state; or
(2) The document involves property located in the
territorial jurisdiction of this state or a transaction substantially connected
to this state.
(d) The signatory must affirmatively state during
their interaction with the witness(es) on the two-way real-time audiovisual
technology what document they are executing.
(e) Each title page and signature page of the
document being witnessed must be shown to the witness(es) on the two-way
real-time audiovisual technology in a manner clearly legible to the
witness(es), and every page of the document must be numbered to reflect both the
page number of the document and the total number of pages of the document.
(f) Each act of signing the document must be
captured sufficiently up close on the two-way real-time audiovisual technology
for the witness(es) to observe.
(g) The signatory or the signatory’s designee must
transmit by fax, mail, or electronic means a legible copy of the entire signed
document directly to the witness(es) within 72 hours of when it is executed.
(h) Within 72 hours of receipt, the witness(es)
must sign the transmitted copy of the document as a witness and return the
signed copy of the document to the signatory or the signatory’s designee by
fax, mail, or electronic means.
7. Notwithstanding any law or regulation of this
state to the contrary, absent an express prohibition in the document against
signing in counterparts, any document signed under this order may be signed in
counterparts.
8. A guardian, guardian ad litem, or visitor may
satisfy any requirement concerning a visit with a person, including but not
limited to a visit in the physical presence of a person under the Estates and
Protected Individuals Code, 1998 PA 386, as amended, MCL 700.1101 et seq., by instead conferring with that
person via two-way real-time audiovisual technology that allows direct, contemporaneous
interaction by sight and sound between the person being visited and the
guardian, guardian ad litem, or visitor.
9. Any law of this state requiring an individual
to appear personally before or be in the presence of either a notary at the
time of a notarization or a witness at the time of attestation or
acknowledgment shall be satisfied if the individual, the witness(es), and/or
the notary are not in the physical presence of each other but can communicate
simultaneously by sight and sound via two-way real-time audiovisual technology
at the time of the notarization, attestation, or acknowledgment.
10. For the duration of this order and any order
that may follow from it, financial institutions and registers of deeds must not
refuse to record a tangible copy of an electronic record on the ground that it
does not bear the original signature of a person, witness, or notary, if the
notary before whom it was executed certifies that the tangible copy is an
accurate copy of the electronic record.
11. Strict compliance with section 9(2) of the
Michigan Law on Notarial Acts, as amended, MCL 55.269(2), is temporarily
suspended to the extent necessary to extend until July 31, 2020 the validity of
a notarial commission that expired or is set to expire between March 1, 2020
and August 31, 2020.
12. For purposes of the “verified user agreement”
requirement of section 4 of the URPERA, MCL 565.844(4), a county recording
office must deem all financial institutions and all licensed title insurers or
their employed or contracted settlement agents as covered by a verified user
agreement for the duration of this order and any order that may follow from it.
The recorder may ask the financial institution or title insurance company for
verification of a notary’s employment or contractual association.
13. As used in this order:
(a) “Electronic,” “electronic record,” “electronic
signature,” “governmental agency,” “person,” and “transaction” mean those terms
as defined under section 2 of the UETA, MCL 450.832.
(b) “Financial institution” means that term as
defined in section 4(c) of the Michigan Strategic Fund Act, 1984 PA 270, as
amended, MCL 125.2004(c).
14. Executive Order 2020-131 is rescinded.
15. This order is effective immediately and
continues through August 31, 2020 at 11:59 p.m.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 27, 2020
Time: 10:31 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.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills, joint resolution, and resolution
were printed and filed on Thursday, July 23, and are available on the Michigan
Legislature website:
Senate
Bill Nos. 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052
Senate
Resolution No. 136
House
Bill Nos. 5979 5980 5981 5982 5983 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035
House
Joint Resolution S
Committee Reports
The
Committee on Finance reported
House
Bill No. 4851, entitled
A bill
to amend 1893 PA 206, entitled “The general property tax act,” by amending
section 53b (MCL 211.53b), as amended by 2017 PA 261.
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.
Jim
Runestad
Chairperson
To
Report Out:
Yeas:
Senators Runestad, Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander
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 Finance submitted the following:
Meeting
held on Wednesday, July 22, 2020, at 12:00 noon, Room 403, 4th Floor, Capitol
Building
Present:
Senators Runestad (C), Nesbitt, Daley, Bumstead, VanderWall, Chang and
Alexander
The
Committee on Insurance and Banking reported
Senate
Bill No. 1015, entitled
A bill
to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending
sections 1103 and 1106 (MCL 500.1103 and 500.1106), section 1103 as amended and
section 1106 as added by 2018 PA 91.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Lana
Theis
Chairperson
To
Report Out:
Yeas:
Senators Theis, Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Geiss, Bullock
and McMorrow
Nays:
None
The
bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Insurance and Banking submitted the following:
Meeting
held on Thursday, July 23, 2020, at 8:30 a.m., Senate Hearing Room, Ground
Floor, Boji Tower
Present:
Senators Theis (C), Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Geiss,
Bullock and McMorrow
The
Committee on Judiciary and Public Safety reported
Senate
Bill No. 221, entitled
A bill
to amend 1998 PA 386, entitled “Estates and protected individuals code,” by
amending sections 5207, 5208, and 5209 (MCL 700.5207, 700.5208, and
700.5209).
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Judiciary and Public Safety reported
House
Bill No. 5859, entitled
A bill
to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending
sections 803 and 807 (MCL 600.803 and 600.807), section 803 as amended by 2012
PA 36 and section 807 as amended by 2004 PA 492.
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.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas:
Senators Lucido, VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
The
Committee on Health Policy and Human Services reported
Senate
Bill No. 809, entitled
A bill
to amend 1984 PA 323, entitled “The health care false claim act,” by amending
section 4a (MCL 752.1004a), as amended by 2016 PA 80.
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, Santana
and Wojno
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Health Policy and Human Services reported
Senate
Bill No. 855, entitled
A bill
to ensure access to quality complex rehabilitation technology in the Medicaid
program for people with complex medical needs; and to prescribe the powers and
duties of certain state departments.
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.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas:
Senators VanderWall, Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Santana
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The
Committee on Health Policy and Human Services submitted the following:
Meeting
held on Thursday, July 23, 2020, at 1:00 p.m., Senate Hearing Room, Ground
Floor, Boji Tower
Present:
Senators VanderWall (C), Bizon, Johnson, LaSata, MacDonald, Theis, Brinks,
Santana and Wojno
Excused:
Senator Hertel
COMMITTEE ATTENDANCE REPORT
The
Committee on Oversight submitted the following:
Meeting
held on Thursday, July 23, 2020, at 2:00 p.m., Room 1100, Binsfeld Office
Building
Present:
Senators McBroom (C), Lucido, Theis, MacDonald and Irwin
COMMITTEE ATTENDANCE REPORT
The
Committee on Education and Career Readiness submitted the following:
Meeting
held on Tuesday, July 28, 2020, at 12:00 noon, Room 403, 4th Floor, Capitol
Building
Present:
Senators Theis (C), Daley, Polehanki and Geiss
Excused:
Senators Horn, Bumstead and Runestad
COMMITTEE ATTENDANCE REPORT
The
Committee on Energy and Technology submitted the following:
Joint
meeting held on Tuesday, July 28, 2020, at 1:00 p.m., Senate Hearing Room,
Ground Floor, Boji Tower
Present:
Senators Lauwers (C), LaSata, Nesbitt, Barrett, Outman, Brinks and McMorrow
Excused:
Senators Horn, Bumstead and McCann
COMMITTEE ATTENDANCE REPORT
The
Committee on Environmental Quality submitted the following:
Joint
meeting held on Tuesday, July 28, 2020, at 1:00 p.m., Senate Hearing Room,
Ground Floor, Boji Tower
Present:
Senators Outman (C), Daley, Johnson, VanderWall, Bayer and Brinks
Excused:
Senator McBroom
Economic and Small Business Development Joint with
House Judiciary - Thursday, August 6,
8:30 a.m., Room 352, House Appropriations Room, 3rd Floor, Capitol Building
(517) 373-1721
In
pursuance of the order previously made, the Secretary of the Senate declared
the Senate adjourned until Thursday, August 6, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate