STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2020
House Chamber, Lansing, Friday, April 24, 2020.
10:00 a.m.
The House was called to order by the Speaker.
The roll was called by
the Clerk of the House of Representatives, who announced that a quorum was
present.
Afendoulis—present Filler—present Jones—excused Rabhi—present
Albert—present Frederick—present Kahle—present Reilly—present
Alexander—present Garrett—present Kennedy—present Rendon—present
Allor—present Garza—present Koleszar—present Sabo—present
Anthony—present Gay-Dagnogo—excused Kuppa—present Schroeder—present
Bellino—present Glenn—present LaFave—present Shannon—present
Berman—present Green—present LaGrand—excused Sheppard—present
Bolden—excused Greig—present Lasinski—present Slagh—present
Bollin—present Griffin—present Leutheuser—present Sneller—present
Brann—present Guerra—present Liberati—excused Sowerby—present
Brixie—present Haadsma—present Lightner—present Stone—excused
Byrd—excused Hall—present Lilly—present Tate—present
Calley—present Hammoud—present Love—present VanSingel—present
Cambensy—present Hauck—present Lower—present VanWoerkom—present
Camilleri—present Hernandez—present Maddock—present Vaupel—present
Carter, B.—excused Hertel—present Manoogian—present Wakeman—present
Carter, T.—excused Hoadley—present Marino—present Warren—present
Chatfield—present Hoitenga—present Markkanen—present Webber—present
Cherry—present Hood—present Meerman—present Wendzel—present
Chirkun—excused Hope—excused Miller—present Wentworth—present
Clemente—excused Hornberger—present Mueller—present Whiteford—present
Cole—present Howell—present Neeley, C.—present Whitsett—present
Coleman—present Huizenga—present O’Malley—present Wittenberg—excused
Crawford—present Iden—present Pagan—excused Witwer—present
Eisen—present Inman—present Paquette—present Wozniak—present
Elder—present Johnson,
C.—excused Peterson—present Yancey—present
Ellison—present Johnson,
S.—present Pohutsky—present Yaroch—present
Farrington—present
e/d/s = entered during session
Speaker Chatfield, from the 107th
District, offered the following invocation:
“Father in Heaven, we thank You for
this beautiful day and pray that we will rejoice and be glad in it. We thank You
for the many blessings You have given us and for all the blessings You have
bestowed upon our country. Lord, I pray that You would continue to grant this
legislative body wisdom, discernment and discretion as we learn how to handle
this Covid-19 pandemic seriously and responsibly.
I pray that You would be with Governor
Whitmer and President Trump as they continue to make decisions that impact our
daily lives. I pray, Lord, that You would give us today, wisdom. As the Father
of lights, I pray that You would shine upon us to give us Lord, what the
best path is for the people of our state and the thousands of families who are
hurting or confused and frightened.
We pray all these things in the name of
Your son, Jesus Christ, Amen.”
______
Rep.
Cole moved that Reps. Bolden, Byrd, Brenda Carter, Tyrone Carter, Chirkun, Clemente, Gay‑Dagnogo,
Hope, Cynthia Johnson, Jones, LaGrand, Liberati, Pagan, Stone and Wittenberg be excused from today’s
session.
The
motion prevailed.
Notices
Dear Secretary O’Brien and Clerk
Randall,
Pursuant to the authority granted in
Joint Rule 15 of the Senate and House of Representatives, you are hereby
notified that we have unanimously determined there is a need to convene the
Senate and House of Representatives on Friday, April 24, 2020 at 10:00 a.m. We
respectfully request that you prepare all necessary notices and communications
for these sessions of the Senate and House of Representatives.
Sincerely,
Mike Shirkey Lee
Chatfield
Senate Majority Leader Speaker
of the House
By
unanimous consent the House returned to the order of
Motions
and Resolutions
Rep. Chatfield offered the following concurrent resolution:
House Concurrent Resolution No.
20.
A concurrent resolution to create
the Joint Select Committee on the COVID-19 Pandemic.
Whereas, It is the inherent
responsibility of the Legislature to oversee the operations of the executive
branch and ensure the effective implementation and operation of state
government programs. The Michigan Legislature passed the Emergency Management
Act in 1976 and other related laws to grant the Governor certain
responsibilities for coping with dangers to this state and the people of this
state presented by a disaster or emergency; and
Whereas, On March 10, 2020,
Governor Whitmer issued Executive Order 2020-04 declaring a state of emergency
across the state of Michigan to address the COVID-19 pandemic; and
Whereas, On April 1, 2020,
Governor Whitmer issued Executive Order 2020-33 to replace Executive Order 2020-04
and expand that initial March 10, 2020, declaration to include a state of
disaster related to the COVID-19 pandemic; and
Whereas, On April 7, 2020, the
Legislature extended the declared states of emergency and disaster until April
30, 2020; now, therefore, be it
Resolved by the House of
Representatives (the Senate concurring), That there be created the Joint Select
Committee on the COVID-19 Pandemic. The joint select committee shall consist of
five members of the House of Representatives appointed by the Speaker of the
House, two from the House Democratic Caucus recommended by the House Minority
Leader and three from the House Republican Caucus, and five members of the
Senate appointed by the Senate Majority Leader, two from the Senate Democratic
Caucus recommended by the Senate Minority Leader and three from the Senate
Republican Caucus. The Speaker of the House shall designate the chairperson of
the joint select committee, and the Senate Majority leader shall designate the
vice chairperson; and be it further
Resolved, That, pursuant to MCL 4.541,
the joint select committee may subpoena and have produced before it the records
and files of any state department, board, institution or agency, and it shall
be the duty of any state department, board, institution or agency to produce
before the joint select committee as required by the subpoena, or permit the
members of the committee to inspect its records and files; and be it further
Resolved, That the joint select
committee shall examine the status and efficacy of governmental actions in
response to the COVID-19 pandemic in Michigan. The joint select committee shall
report to the Legislature a summary of its findings and conclusions, as well as
any recommendations on further appropriate actions the Legislature may take to
address the COVID-19 pandemic and to prevent or prepare for similar emergencies
in the state.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Notices
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, MI 48913
Dear Mr. Clerk:
I appoint the following members to the
Joint Select Committee on the COVID-19 Pandemic:
Reps. Hall (C), Calley,
O’Malley, Guerra, T. Carter
I am also appointing Rep. C. Neeley to
the committees on Regulatory Reform and Tax Policy, and Rep. Sowerby to
the committee on Commerce and Tourism.
Sincerely,
Lee
Chatfield, Speaker
Michigan
House of Representatives
By
unanimous consent the House returned to the order of
Motions
and Resolutions
Rep. Rabhi
moved that Rule 42 be suspended.
The motion did not prevail, 3/5
of the members present not voting therefor.
Rep. Rabhi
moved that Rule 42 be suspended.
The motion did not prevail, 3/5
of the members present not voting therefor.
Rep. Rabhi
moved that Rule 42 be suspended.
The motion did not prevail, 3/5
of the members present not voting therefor.
Rep. Cole moved to suspend that portion of Rule 41 requiring bills to be
handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, a majority of the members present voting therefor.
The motion prevailed.
Rep. Koleszar introduced
House Bill No. 5714, entitled
A bill to amend 1976 PA 267, entitled “Open
meetings act,” by amending section 3 (MCL 15.263), as amended by 2018
PA 485.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5715, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by
amending sections 20173a, 21564, 21911, 21913, and 22235 (MCL 333.20173a,
333.21564, 333.21911, 333.21913, and 333.22235), section 20173a as amended
by 2017 PA 167, section 21564 as added by 1990 PA 252, sections 21911
and 21913 as added by 2017 PA 172, and section 22235 as amended by
2002 PA 619, and by adding sections 20173c, 21564a, 21914, and
22235a.
The bill was read a first time by its title and referred to the
Committee on Government Operations.
House Bill No. 5716, entitled
A bill to amend 1964 PA 284, entitled “City
income tax act,” (MCL 141.501 to 141.787) by adding sections 40 and
80 to chapter 2.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5717, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 301a and
681a.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5718, entitled
A bill to amend 1941 PA 122, entitled “An
act to establish the revenue collection duties of the department of treasury;
to prescribe its powers and duties as the revenue collection agency of this
state; to prescribe certain powers and duties of the state treasurer; to
establish the collection duties of certain other state departments for money or
accounts owed to this state; to regulate the importation, stamping, and
disposition of certain tobacco products; to provide for the transfer of powers
and duties now vested in certain other state boards, commissions, departments,
and offices; to prescribe certain duties of and require certain reports from
the department of treasury; to provide procedures for the payment,
administration, audit, assessment, levy of interests or penalties on, and
appeals of taxes and tax liability; to prescribe its powers and duties if an
agreement to act as agent for a city to administer, collect, and enforce the
city income tax act on behalf of a city is entered into with any city; to provide
an appropriation; to abolish the state board of tax administration; to
prescribe penalties and provide remedies; and to declare the effect of this
act,” by amending sections 24 and 30 (MCL 205.24 and 205.30), section 24
as amended by 2003 PA 201 and section 30 as amended by 2016 PA 267.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5719, entitled
A bill to amend 1979 PA 94, entitled “The
state school aid act of 1979,” by amending section 101 (MCL 388.1701),
as amended by 2019 PA 58, and by adding section 296a.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5720, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 5740
and 5782.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5721, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending section 3406o (MCL 500.3406o),
as amended by 2016 PA 276, and by adding section 3406v.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5722, entitled
A bill to amend 1984 PA 44, entitled “Motor
fuels quality act,” by amending sections 3 and 9k (MCL 290.643 and
290.649k), section 3 as amended by 2008 PA 313 and section 9k as
added by 2006 PA 104.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5723, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 20910, 20921, 20954, 20958, and 20961 (MCL 333.20910,
333.20921, 333.20954, 333.20958, and 333.20961), section 20910 as amended
by 2006 PA 582, section 20921 as amended by 2014 PA 413, section 20954
as amended by 2000 PA 375, section 20958 as amended by 2010 PA 304,
and section 20961 as added by 1990 PA 179, and by adding section 20960.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5724, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 16101 (MCL 333.16101) and by adding
sections 16113 and 17715.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5725, entitled
A bill to amend 1936 (Ex Sess)
PA 1, entitled “Michigan employment security act,” by amending sections 17,
27, 28, 28c, 29, and 48 (MCL 421.17, 421.27, 421.28, 421.28c, 421.29, and
421.48), sections 17 and 48 as amended by 2011 PA 269, section 27
as amended by 2016 PA 522, section 28 as amended by 2020 PA 83, section 28c
as amended by 2012 PA 579, and section 29 as amended by 2013 PA 146.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5726, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 722a (MCL 257.722a), as amended by 1995
PA 248, and by adding section 722b.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5727, entitled
A bill to amend 1976 PA 331, entitled “Michigan
consumer protection act,” by amending section 3 (MCL 445.903), as
amended by 2018 PA 211, and by adding section 3j; and to repeal acts
and parts of acts.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5728, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 231 (MCL 436.1231)
and by adding section 231a.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5729, 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 section 2 (MCL 28.292),
as amended by 2018 PA 669, and by adding section 2a.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5730, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 8312 and
8317 (MCL 324.8312 and 324.8317), as amended by 2015 PA 118.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5731, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 314 (MCL 257.314), as amended by
2011 PA 159, and by adding section 314c.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5732, entitled
A bill to amend 1980 PA 119, entitled “Motor
carrier fuel tax act,” by amending sections 5 and 7 (MCL 207.215 and
207.217), section 5 as amended by 2015 PA 178, and by adding section 7a.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5733, entitled
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending section 134a (MCL 330.1134a), as amended by
2014 PA 72, and by adding section 134b.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5734, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1279g (MCL 380.1279g), as
amended by 2016 PA 170, and by adding sections 1851b and 1851c.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5735, entitled
A bill to amend 2008 PA 23, entitled “Enhanced
driver license and enhanced official state personal identification card act,”
by amending section 5 (MCL 28.305), as amended by 2018 PA 606,
and by adding section 5a.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5736, entitled
A bill to amend 1973 PA 116, entitled “An
act to provide for the protection of children through the licensing and
regulation of child care organizations; to provide for the establishment of
standards of care for child care organizations; to prescribe powers and duties
of certain departments of this state and adoption facilitators; to provide
penalties; and to repeal acts and parts of acts,” by amending sections 5m
and 7a (MCL 722.115m and 722.117a), as added by 2017 PA 258.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Rep. Iden introduced
House Bill No. 5737, entitled
A bill to amend 1979 PA 218, entitled “Adult
foster care facility licensing act,” by amending section 34b (MCL 400.734b),
as amended by 2018 PA 558, and by adding section 34d.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 5738, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” (MCL 211.1 to 211.155) by adding section 78t.
The bill was read a first time by its title
and referred to the Committee on Local Government and Municipal Finance.
House Bill No. 5739, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2245.
The bill was read a first time by its title
and referred to the Committee on Insurance.
Rep. Tate introduced
House Bill No. 5740, entitled
A bill to amend 2018 IL 1, entitled “Michigan
Regulation and Taxation of Marihuana Act,” by amending sections 3 and 14 (MCL 333.27953
and 333.27964).
The bill was read a first time by its title
and referred to the Committee on Appropriations.
By unanimous consent the House returned to the order of
Messages from the Governor
The following message from the Governor
was received April 17, 2020 and read:
EXECUTIVE
ORDER
No.
2020-52
Temporary
extension of certain pesticide applicator certificates
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.
In the three weeks that followed,
the virus spread across Michigan, bringing deaths in the hundreds, confirmed
cases in the 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.
The Emergency Management Act
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).
Similarly, the Emergency Powers of the Governor Act of 1945 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).
The COVID-19 pandemic has
disrupted, among many other things, the ability of state agencies and
departments to conduct business as usual, including the administration of
various regulatory requirements. To protect the health and safety of this state
and its residents during this crisis, it is crucial to ensure that this
disruption in state operations does not unduly impede Michiganders from meeting
their essential needs, such as food. The food supply of this state depends on
the hard work of many, including those who are registered or certified
pesticide applicators. The certificates of these applicators expire every three
years, but due to the pandemic and its resulting constraints on state
operations, many of them have unexpectedly found themselves unable to timely
satisfy all of the standard requirements for certificate renewal. Given the dependence
of the state’s food supply on the availability of certified and registered
pesticide applicators and the essential role that these applicators play in
protecting public health and safety, it is reasonable and necessary to
temporarily extend the validity of certain pesticide applicator certificates,
so that these applicators may continue to provide their needed services
throughout this crisis.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Notwithstanding any statute, rule, or
regulation to the contrary, all three-year certificates for commercial
applicators, private applicators, and registered applicators issued pursuant to
Part 83 of the Natural Resources and Environmental Protection Act, 1994 PA 451,
as amended, MCL 324.8301 et seq., that were set to expire on December 31,
2019, must be deemed unexpired and not to expire until 60 days after the end of
the declared states of emergency and disaster.
2. This order is effective immediately.
Given under my hand and the Great
Seal of the State of Michigan.
Date: April 17, 2020
Time: 8:13 am
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received April 17, 2020 and read:
EXECUTIVE
ORDER
No.
2020-53
Enhanced
restrictions on price gouging
Rescission
of Executive Order 2020-18
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 Michigan
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.
In the three weeks that followed,
the virus spread across Michigan, bringing deaths in the hundreds, confirmed
cases in the 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.
The Emergency Management Act
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).
Similarly, the Emergency Powers of the Governor Act of 1945 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).
Since the onset of this crisis,
it has become apparent that some businesses and individuals are selling face
masks, hand sanitizers, cleaning supplies, paper products, and other products
that people might seek to purchase due to the crisis at unjustified,
exceptionally high prices. To prevent such price gouging and help all
Michiganders access necessary products during the COVID-19 pandemic, it is
reasonable and necessary to temporarily impose enhanced restrictions on the
excessive pricing of goods, materials, emergency supplies, and consumer food
items.
Executive Order 2020-18 imposed
such enhanced restrictions. This order strengthens them and extends their
duration, as they remain reasonable and necessary to suppress the spread of
COVID-19 and protect the public health and safety of this state and its
residents. With this order, Executive Order 2020-18 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. A person must not resell a product in this
state at a price that is grossly in excess of the purchase price at which the
person acquired the product.
2. A person must not offer for sale or sell any
product in this state at a price that is more than 20% higher than what
the person offered or charged for that product as of March 9, 2020, unless the
person demonstrates that the price increase is attributable to an increase in
the cost of bringing the product to market or to an extraordinary discount in
effect as of March 9, 2020.
3. For purposes of this order:
a. “Person” means an individual, business, or
other legal entity.
b. “Product” means any good, material, or
consumer food item with a fair market value of less than $1,000.00, or any
emergency supply.
4. This order does not limit or impair the
ability of the attorney general to investigate, determine, or impose liability
under the Michigan Consumer Protection Act, 1976 PA 331, as amended, MCL 445.901
et seq., or any other law of this state.
5. This
order is effective immediately and continues through May 15, 2020 at 11:59 pm.
6. Executive Order 2020-18 is rescinded.
7. 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: April 17, 2020
Time: 4:06 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received April 17, 2020 and read:
EXECUTIVE
ORDER
No.
2020-54
Temporary
prohibition against entry to premises for the purpose of
removing
or excluding a tenant or mobile home owner from their home
Rescission
of Executive Order 2020-19
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 Michigan
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.
In the three weeks that followed,
the virus spread across Michigan, bringing deaths in the hundreds, confirmed
cases in the 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.
The Emergency Management Act
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).
Similarly, the Emergency Powers of the Governor Act of 1945 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).
The current states of emergency
and disaster would be exacerbated by the additional threats to the public
health related to removing or excluding people from their residences during the
COVID-19 pandemic. To reduce the spread of COVID-19, protect the public health,
and provide essential protections to vulnerable Michiganders, it is reasonable
and necessary to provide temporary relief from certain eviction-related
requirements and to temporarily prohibit the removal or exclusion of a tenant
or mobile home owner from their residential premises, except in extreme
circumstances.
Executive Order 2020-19 provided
such relief. This order clarifies that relief and extends its duration, as it
remains reasonable and necessary to suppress the spread of COVID-19 and protect
the public health and safety of this state and its residents. With this order,
Executive Order 2020-19 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Due to the protection that a residential home
provides from the COVID-19 pandemic, and the need to contain self-quarantined
and self-isolated individuals within a residential home, no person shall remove
or exclude from leased residential premises or residential premises held under
a forfeited executory contract a tenant, a vendee of a forfeited executory
contract, or a person holding under a tenant or vendee, except when the tenant,
vendee, or person holding under them poses a substantial risk to another person
or an imminent and severe risk to property. This order should be broadly
construed to effectuate that purpose. This section is effective
immediately and continues until May 15, 2020 at 11:59 pm.
2. Nothing in this order is intended to abrogate
the judicial power, which is vested exclusively in this state’s one court of
justice by section 1 of article 6 of the Michigan Constitution of 1963.
This order does not affect the inherent power of a judge to order equitable
relief.
3. Nothing in this order shall be construed to
abrogate the obligation to pay or right to receive payment due under a lease,
nor to prohibit a landlord from making a demand for the payment of rent. Any
demand for the payment of rent, however, must not include a demand for possession,
or other threat of eviction, based on the nonpayment of rent. Effective
immediately and continuing until May 15, 2020 at 11:59 pm, any service of a
demand for payment may not be made by personal delivery.
4. Due to the protection that a residential home
provides from the COVID-19 pandemic, and the need to contain self-quarantined
and self-isolated individuals within a residential home, no person may enter
residential property in order to remove or exclude from the premises a tenant,
a vendee of a forfeited executory contract, a person holding under a tenant or
vendee, or the personal property of a tenant, vendee, or person holding under
them, including pursuant to a writ authorizing restoration of a plaintiff to
full, peaceful possession of premises under section 5744 of the RJA, MCL 600.5744, except when the tenant, vendee, or
person holding under them poses a substantial risk to another person or an
imminent and severe risk to property. This section is effective
immediately and continues until May 15, 2020 at 11:59 pm.
5. Due to the protection that a residential home
provides from the COVID-19 pandemic, and the need to contain self-quarantined
and self-isolated individuals within a residential home, a sheriff,
under-sheriff or constable, deputy, or other officer must not serve process
requiring forfeiture of leased residential premises or residential premises
held under a forfeited executory contract. Any requirements to that effect
imposed by the RJA are suspended. This section is
effective immediately and continues until May 15, 2020 at 11:59 pm.
6. Due to the protection that a residential home
provides from the COVID-19 pandemic, and the need to contain self-quarantined
and self-isolated individuals within a residential home, no person may deny a
mobile home owner access to their mobile home, except when the mobile home
owner’s tenancy has been terminated because the mobile home owner poses a
substantial risk to another person or an imminent and severe risk to property.
This section is effective immediately and continues until May 15, 2020 at
11:59 pm.
7. Until thirty (30) days after the restrictions
on eviction provided by sections 1 through 6 expire, any statutory limits
on the court of this state to adjourn any proceedings, toll any redemption
periods or limitations periods, or extend any deadlines are suspended.
8. As used in this order, all terms have the
meaning provided by the Revised Judicature Act of 1961, 1961 PA 236, as
amended.
9. Executive Order 2020-19 is rescinded.
10. Consistent with MCL 10.33 and MCL 30.405(3),
a willful violation of this order is a misdemeanor.
11. A copy of this order will be transmitted to the
State Court Administrative Office.
Given under my hand and the Great
Seal of the State of Michigan.
Date: April 17, 2020
Time: 4:06 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received April 20, 2020 and read:
EXECUTIVE
ORDER
No.
2020-55
Michigan
Coronavirus Task Force on Racial Disparities
Department
of Health and Human Services
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
is 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, which declared a state of emergency across the state of Michigan.
In the three weeks that followed,
the virus spread across Michigan, bringing deaths in the hundreds, confirmed
cases in the thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. In response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33 on April 1, 2020. 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.
The COVID-19 pandemic has
disproportionately impacted communities of color throughout our state. For
example, while African Americans represent 13.6% of our state’s population,
they represent a staggering 40% of the deaths from COVID-19. The health and
safety of this state and its residents, communities, and businesses would
benefit from a task force devoted to thoroughly studying and developing
strategies to immediately address this troubling disparity and the historical
and systemic inequities that underlie it.
Section 1 of article 5 of
the Michigan Constitution of 1963 vests the executive power of the State of
Michigan in the governor.
Section 8 of article 5 of
the Michigan Constitution of 1963 places each principal department of state
government under the supervision of the governor unless otherwise provided.
Section 8 of article 5 of
the Michigan Constitution of 1963 obligates the governor to take care that the
laws be faithfully executed.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Creating the Michigan Coronavirus Task Force
on Racial Disparities
(a) The Michigan Coronavirus Task Force on Racial
Disparities (“Task Force”) is created as an advisory body within the Department
of Health and Human Services (“Department”).
(b) The Task Force must consist of:
(1) The lieutenant governor.
(2) The director of the Department, or the
director’s designee from within the Department.
(3) The chief medical executive.
(4) 24 members appointed by the governor
reflecting the diverse geographic, economic, racial, cultural, gender, and
occupational composition of this state.
(c) A vacancy on the Task Force must be filled in
the same manner as the original appointment.
(d) The lieutenant governor must serve as the
chairperson of the Task Force.
2. Charge to the Task Force
(a) The Task Force must act in an advisory
capacity to the governor and must do the following:
(1) Study the causes of racial disparities in the
impact of COVID-19 and recommend actions to address such disparities.
(2) Recommend actions to increase transparency in
reporting data regarding the racial and ethnic impact of COVID-19; remove
barriers to accessing physical and mental health care; reduce the impact of
medical bias in testing and treatment; mitigate environmental and
infrastructure factors contributing to increased exposure during pandemics
resulting in mortality; and develop and improve systems for supporting
long-term economic recovery and physical and mental health care following a
pandemic.
(3) Perform outreach to ensure all stakeholders in
impacted areas are informed, educated, and empowered. Stakeholder outreach will
include, but is not limited to, community leaders, partner organizations,
tribal governments, local government officials, and other elected officials
representing the impacted areas.
(4) Perform outreach to ensure the general public
is informed about racial disparities in the impact of COVID-19, and the work of
the Task Force.
(5) Identify avenues of funding for combatting
racial disparities in the impact of COVID-19.
(6) Recommend changes in Michigan law relevant to
combatting racial disparities in the impact of and response to pandemics.
(7) Identify other issues and provide
recommendations to the governor on any other matters relevant to addressing
racial disparities in the impact of and response to pandemics.
(8) Provide other information or advice or take
other actions as requested by the governor.
(b) The Task Force must report regularly to the
governor on its activities and make recommendations on an ongoing basis.
(c) The Task Force will continue its work until 90
days after the end of the declared states of emergency and disaster, or such
other time as the governor identifies.
3. Operations of the Task Force
(a) The Department must assist the Task Force in
the performance of its duties and provide personnel to staff the Task Force.
The budgeting, procurement, and related management functions of the Task Force
will be performed under the direction and supervision of the director of the
Department.
(b) The Task Force must adopt procedures,
consistent with this order and applicable law, governing its organization and
operations.
(c) The Task Force must comply with the Freedom of
Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(d) The Task Force may select from among its
members a vice chairperson.
(e) The Task Force may select from among its
members a secretary. Task Force staff must assist the secretary with
recordkeeping responsibilities.
(f) The Task Force must meet at the call of its
chairperson and as otherwise provided in the procedures adopted by the Task
Force.
(g) A majority of the members of the Task Force
serving constitutes a quorum for the transaction of the business of the Task
Force. The Task Force must act by a majority vote of its members.
(h) The Task Force may establish advisory
workgroups composed of individuals or entities participating in Task Force
activities or other members of the public or of the executive branch of state
government, as deemed necessary by the Task Force to assist it in performing
its duties and responsibilities. The Task Force may adopt, reject, or modify
any recommendations proposed by an advisory workgroup.
(i) The Task Force
may, as appropriate, make inquiries, studies, and investigations, hold
hearings, and receive comments from the public. The Task Force also may consult
with outside experts in order to perform its duties, including experts in the
private sector, organized labor, faith community, government agencies, and at
institutions of higher education.
(j) The Task Force may hire or retain
contractors, sub-contractors, advisors, consultants, and agents, and may make
and enter into contracts necessary or incidental to the exercise of the powers
of the Task Force and the performance of its duties as the chair deems
advisable and necessary, consistent with this order and applicable law, rules,
and procedures, subject to available funding.
(k) The Task Force may accept donations of labor,
services, or other things of value from any public or private agency or person.
Any donations must be received and used in accordance with law.
(l) Members of the Task Force must not receive
additional compensation for participation on the Task Force. Members of the
Task Force may receive reimbursement for necessary travel and expenses
consistent with applicable law, rules, and procedures, subject to available
funding.
(m) Members of the Task Force appointed under sections 1(b)(2)-(4)
of this order must refer all legal, legislative, and media contacts to the
Department.
4. Implementation
(a) All departments, agencies, committees,
commissioners, and officers of this state must give to the Task Force, or to
any member or representative of the Task Force, any necessary assistance
required by the Task Force, or any member or representative of the Task Force,
in the performance of the duties of the Task Force so far as is compatible with
their duties and consistent with this order and applicable law. Free access
also must be given to any books, records, or documents in their custody
relating to matters within the scope of inquiry, study, or review of the Task
Force, consistent with applicable law.
(b) This order is not intended to abate a
proceeding commenced by, against, or before an officer or entity affected by
this order. A proceeding may be maintained by, against, or before the successor
of any officer or entity affected by this order.
(c) Nothing in this order should be construed to
change the organization of the executive branch of state government or the
assignment of functions among its units, in a manner requiring the force of
law.
(d) If any portion of this order is found to be
unenforceable, the rest of the order remains in effect.
(e) This order is effective upon signing.
Given under my hand and the Great
Seal of the State of Michigan.
Date: April 20, 2020
Time: 12:55 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received April 21, 2020 and read:
EXECUTIVE
ORDER
No.
2020-56
Temporary
enhancements to operational capacity,
flexibility,
and efficiency of pharmacies
Rescission
of Executive Order 2020-25
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.
In the three weeks that followed,
the virus spread across Michigan, bringing deaths in the hundreds, confirmed
cases in the 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.
The Emergency Management Act
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).
Similarly, the Emergency Powers of the Governor Act of 1945 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).
To respond effectively to the
urgent and steep demands created by this pandemic, the public requires
increased access to therapeutic pharmaceuticals. Meeting this critical need
requires swiftly but safely expanding access to pharmacy services. To that end,
it is reasonable and necessary to provide temporary and limited relief from
certain regulatory restrictions regarding pharmacies in order to enhance their
operational capacity, flexibility, and efficiency.
Executive Order 2020-25 provided
such relief. This order extends its duration, as it remains reasonable and
necessary to suppress the spread of COVID-19 and protect the public health and
safety of this state and its residents. With this order, Executive Order
2020-25 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Pharmacists located in any county in this
state may dispense emergency refills of up to a sixty (60) day supply of
any non-controlled maintenance medication for residents of any county in this
state if, in the pharmacist’s professional judgment, failure to refill the
prescription might interrupt the patient’s ongoing care and have a significant
adverse effect on the patient’s well-being.
2. The following shall apply to all emergency
refills dispensed under section 1 of this order:
(a) The pharmacist must inform the patient that
the prescription was refilled under section 1 of this order.
(b) The pharmacist must inform the prescriber in
writing within a reasonable period of time of any refills the pharmacist
dispensed under section 1 of this order.
(c) Prior to refilling a prescription under section 1
of this order, the pharmacist, clinic, or mobile pharmacy must make every
reasonable effort to communicate with the prescriber regarding the refilling of
the prescription. The pharmacist must make an appropriate record of that
effort, including the basis for proceeding under section 1 of this order.
(d) A prescriber must not incur any criminal or
civil liability or licensing disciplinary action as the result of a pharmacist
refilling a prescription under section 1 of this order.
3. Pharmacists may temporarily operate a pharmacy
in an area not designated on the pharmacy license, but they may not prepare
sterile drug products beyond low-risk preparations, as defined by USP standards, for immediate inpatient administration in
such temporary facilities.
4. Pharmacists may dispense and/or administer
drugs as needed to treat COVID-19 pursuant to protocols established by the
Centers for Disease Control and Prevention or the National Institute of Health,
or as determined appropriate by the chief medical executive of the Department
of Health and Human Services or her designee.
5. Pharmacists may substitute a therapeutically
equivalent medication for a medication subject to critical shortages without
the authorization of a prescriber. The pharmacist must inform the patient of
any such substitution. The pharmacist must inform the prescriber within a
reasonable period of time of any prescriptions or refills dispensed under this
section. A prescriber must not incur any criminal or civil liability or
licensing disciplinary action as the result of a pharmacist filling or
refilling a prescription under this section.
6. To increase the number of pharmacists who can
serve patients during this time of need, preceptors may supervise student
pharmacists remotely to fulfill eligibility for licensure and avoid delaying
graduation.
7. Insurers and health maintenance organizations
issuing health insurance or disability insurance policies that provide
prescription drug benefits must cover any emergency refills of covered
prescription drugs dispensed by a pharmacist under section 1 of this
order. Insurers and health maintenance organizations must also allow for early
refills of all 30-day or 60-day covered prescription maintenance medications to
allow for up to a 90-day supply to be dispensed by a pharmacy, without regard
to whether the pharmacy is mail-order or in-person. Insurers and health
maintenance organizations may still apply policy or contract provisions
governing out-of-network benefits and cost-sharing.
8. Pharmacists may supervise pharmacy technicians
and other pharmacy staff remotely. Supervision must be conducted through a
real-time, continuous audiovisual camera system, capable of allowing the
pharmacist to visually identify the markings on tablets and capsules. The
pharmacist must have access to all relevant patient information to accomplish
the remote supervision and must be available at all times during the
supervision to provide real-time patient consultation. A pharmacy technician
may not perform sterile or nonsterile compounding without a pharmacist on the
premises.
9. Pharmacies holding a license, certificate, or
other permit in good standing issued by another state must be deemed licensed
to do business in this state. These out-of-state licensed pharmacies must not
deliver controlled substances into this state; must abide by all Michigan
regulations applicable to the practice of pharmacy, but need not have a
pharmacist-in-charge with a license to practice in Michigan; and must hold a
current accreditation from a national organization approved by the Michigan
Board of Pharmacy before providing sterile compounding services to patients in
this state.
10. Wholesale distributors holding a license,
certificate, or other permit in good standing issued by another state must be
deemed licensed to do business in this state. These out-of-state wholesale
distributors must not deliver controlled substances into this state and must
abide by all Michigan regulations applicable to a Michigan-licensed wholesale
distributor.
11. To the extent any statutes, rules, or
regulations may be inconsistent with this order, strict compliance with them is
temporarily suspended. This includes, but is not limited to: sections 17707(5),
17739(2)(c), 17739a(3), 17741(1)-(2), 17743, 17748, 17748a, 17748b, 17751,
17755(3), and 17763(b) of the Public Health Code, 1978 PA 368, as amended,
MCL 333.17707(5), 333.17739(2)(c), 333.17739a(3), 333.17741(1)-(2),
333.17743, 333.17748, 333.17748a, 333.17748b, 333.17751, 333.17755(3), and
333.17763(b); and Rules 338.473(2), 338.473a(5)(a), 338.477(1)-(2),
338.482(2)-(3); 338.486(1)(b), 338.486(3), 338.489(3), 338.490(3),
338.490(4)(a), 338.490(5), 338.3041(4), and 338.3162(1) of the Michigan Administrative
Code.
12. This order is effective immediately and
continues through May 19, 2020 at 11:59 pm.
13. Consistent with MCL 10.33 and MCL 30.405(3),
a willful violation of this order is a misdemeanor.
14. Executive Order 2020-25 is rescinded.
Given under my hand and the Great
Seal of the State of Michigan.
Date: April 21, 2020
Time: 6:49 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received April 22, 2020 and read:
EXECUTIVE
ORDER
No.
2020-57
Temporary
expansions in unemployment eligibility and cost-sharing
Rescission
of Executive Order 2020-24
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.
In the three weeks that followed,
the virus spread across Michigan, bringing deaths in the hundreds, confirmed
cases in the 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.
The Emergency Management Act
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).
Similarly, the Emergency Powers of the Governor Act of 1945 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).
To mitigate the spread of
COVID-19, protect the public health, and provide essential protections to
vulnerable Michiganders, it is reasonable and necessary to temporarily suspend
rules and procedures to expand eligibility for unemployment benefits and
cost-sharing with employers.
Executive Order 2020-10 took such
action. Executive Order 2020-24 reaffirmed that action and clarified and
strengthened its expansion of eligibility for unemployment benefits and
cost-sharing with employers. This order continues the provisions of Executive
Order 2020-24, and adds additional provisions to make it easier for employers
and workers to implement and use shared-work plans, in order to avoid layoffs,
and to allow certain retired state employees to return to service without
losing access to pension payments. With this order, Executive Order 2020-24 is
rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Strict compliance with subdivision (a) of subsection (1)
of section 29 of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended (“Employment Security Act”), MCL 421.29(1)(a),
is temporarily suspended as follows:
(a) An individual must be considered to have left
work involuntarily for medical reasons if that individual leaves work for any
of the following reasons:
(1) The individual is under self-isolation or
self-quarantine in response to elevated risk from COVID-19 due to being
immuno-compromised.
(2) The individual has displayed at least one of
the principal symptoms of COVID-19, which are a fever, atypical cough, and
atypical shortness of breath.
(3) The individual has had contact in the last 14
days with someone with a confirmed diagnosis of COVID-19. Contact for the
purposes of healthcare exposures is defined as follows: a) being within
approximately 6 feet (2 meters) of a person with COVID-19 for a prolonged
period of time, without appropriate personal protective equipment consistent
with Department of Health and Human Services recommendations; or b) having
unprotected direct contact with infectious secretions or excretions of the
patient (e.g., being coughed on, touching used tissues with a bare hand).
(4) The individual is required to care for someone
with a confirmed diagnosis of COVID-19.
(5) The individual has a family care
responsibility as a result of a government directive.
(b) An individual may be deemed laid off if that
individual became unemployed for any of the reasons identified in section 1(a)(1)-(5)
of this order.
2. Strict compliance with subsection (3) of section 48
of the Employment Security Act, MCL 421.48(3), is temporarily suspended to
allow an individual who is on a leave of absence for any of the reasons
identified in paragraph 1(a)1–5 of this order to be considered to be unemployed
unless that individual is already on sick leave or receives a disability benefit.
3. Strict compliance with subsections (4)
through (7) of Rule 421.210 of the Michigan Administrative Code is temporarily
suspended to allow a new or additional claim for unemployment benefits filed
within 28 days of the last day the claimant worked to be considered to have
been filed on time, and a continued claim filed within 28 days of the last day
of the period for which the claimant is instructed to report and has continued
to report in a claim series to be considered to have been filed on time.
4. Strict compliance with subsection (d) of section 27
of the Employment Security Act, MCL 421.27(d), is temporarily suspended such
that each eligible individual who files a claim or has an active claim as of
the effective date of this order will receive not more than 26 weeks of
benefits payable in a benefit year.
5. In order to allow employers and workers more
flexibility in the use of shared-work plans, strict compliance with several sections of
the Employment Security Act are temporarily suspended, as follows:
(a) Strict compliance with subsections (1)
and (2)(b) of section 28c, MCL 421.28c(1) and (2)(b), is temporarily
suspended to the extent necessary to allow the Unemployment Insurance Agency to
approve an employer’s participation in a shared-work plan upon application by
the employer, regardless of whether the employer has met the requirements of MCL 421.28c(1)
and (2)(b).
(b) Strict compliance with subsection (2)(f)
of section 28c, MCL 421.28c(2)(f), is temporarily suspended to allow
an application for a shared-work plan to be approved without the employer’s
certification that implementation is in lieu of layoffs that would affect at
least 15% of the employees in the affected unit and would result in an
equivalent reduction in workers, provided that the application must contain a
certification that it is in lieu of layoffs that would affect at least 10% of
the employees and result in an equivalent reduction in work hours.
(c) Strict compliance with subsection (1)(b)(i) of section 28d, MCL 421.28d(1)(b)(i), is temporarily suspended to allow a shared-work plan to
be approved whether or not it includes as a participating employee an employee
who has been employed in the affected unit for less than three months before
the date the employer applies for approval of the shared-work plan.
(d) Strict compliance with subsection (2)(a)
of section 28d, MCL 421.28d(2)(a), is temporarily suspended to allow
the reduction percentage of a shared-work plan to be less than 15% and more
than 45%, provided that it shall be no less than 10% and no more than 60%
6.
Any benefit paid to a claimant who is
laid off or placed on a leave of absence must not be charged to the account of
the employer or employers that otherwise would have been charged but instead
must be charged to the Unemployment Insurance Agency’s non-chargeable account.
Effective March 25, 2020 at 11:59 pm, the benefits conferred on employers by
this section are not available to employers determined to have
misclassified workers.
7. Strict compliance with subdivision (a) of subsection (1)
of section 28 of the Employment Security Act, MCL 421.28(1)(a), is
temporarily suspended to the extent necessary to allow an unemployed individual
to be eligible to receive benefits without a finding by the Unemployment
Insurance Agency that the individual is actively engaged in seeking work.
8. Strict compliance with section 68c of the
State Employees’ Retirement Act, 1943 PA 240, as amended, MCL 38.68c,
is temporarily suspended to the extent necessary to provide that the provisions
of that section do not apply to a retirant who
becomes employed by the Unemployment Insurance Agency or by the Michigan
Occupational Safety and Health Administration on or after the date of this
order. If such retirant remains employed by either of
these agencies after the expiration of this order, section 68c will again
apply.
9. Strict compliance with subsection (5) of section 29
of the Employment Security Act, MCL 421.29(5), is temporarily suspended to the
extent necessary to allow an individual to be considered to have met the
requirements of MCL 421.29(5) regardless of whether the individual
performed services for the new employer and regardless of whether the new
employment was for permanent, full-time work. That individual is not
disqualified from receiving unemployment benefits and any benefits payable are
charged to the Unemployment Insurance Agency’s non-chargeable benefits account.
10. Unless otherwise specified in this order, this
order is effective retroactive to March 16, 2020. This order is effective
immediately upon issuance and remains in effect during the declared states of
emergency and disaster.
11. Executive Order 2020-24 is rescinded.
12. 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: April 22, 2020
Time: 8:44 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received April 22, 2020 and read:
EXECUTIVE
ORDER
No.
2020-58
Temporary
suspension of certain timing requirements relating to the commencement of civil
and probate actions and proceedings
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.
In the three weeks that followed,
the virus spread across Michigan, bringing deaths in the hundreds, confirmed
cases in the 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.
The Emergency Management Act
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).
Similarly, the Emergency Powers of the Governor Act of 1945 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).
To mitigate the spread of
COVID-19, protect the public health, and provide essential protections to
vulnerable Michiganders, it is crucial to limit in-person interaction and
services as much as possible. Accordingly, on March 15 and 18, 2020, the
Michigan Supreme Court issued Administrative Order Nos. 2020-1 and 2020-2,
which, among other things, restricted operations in trial-level courts throughout
the state and facilitated adjournment of pending matters. And on March 23,
2020, the Court issued Administrative Order No. 2020-3, which provided that any
day falling within the declared emergency would not be counted for purpose of
computing deadlines pertaining to case initiation and the filing of initial
responsive pleadings in civil and probate cases.
These measures are well designed
to protect both court staff and the public from the spread of COVID-19 without
unduly sacrificing the proper administration of justice. In recognition of the
important protections these measures provide to the health and safety of this
state and its residents, it is reasonable and necessary to temporarily suspend
and toll, for the duration of the declared states of emergency and disaster,
all deadlines and related timing requirements applicable to the commencement of
civil or probate actions and proceedings.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Consistent with Michigan Supreme Court
Administrative Order No. 2020-3, all deadlines applicable to the commencement
of all civil and probate actions and proceedings, including but not limited to
any deadline for the filing of an initial pleading and any statutory notice provision
or other prerequisite related to the deadline for filing of such a pleading,
are suspended as of March 10, 2020 and shall be tolled until the end of
the declared states of disaster and emergency.
2. Consistent with Michigan Supreme Court Administrative
Order No. 2020-3, this order does not prohibit or restrict a litigant from
commencing an action or proceeding whenever the litigant may choose, nor does
it suspend or toll any time period that must elapse before the commencement of
an action or proceeding.
3. This order is effective immediately.
Given under my hand and the Great
Seal of the State of Michigan.
Date: April 22, 2020
Time: 8:45 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received April 24, 2020 and read:
EXECUTIVE
ORDER
No.
2020-59
Temporary
requirement to suspend activities that
are
not necessary to sustain or protect life
Rescission
of Executive Order 2020-42
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.
In the three weeks that followed,
the virus spread across Michigan, bringing deaths in the hundreds, confirmed
cases in the 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.
The Emergency Management Act
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).
Similarly, the Emergency Powers of the Governor Act of 1945, 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).
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 is
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, and then extended that order through April 30, 2020, with
Executive Order 2020-42. The orders limited gatherings and travel, and required
all workers who are not necessary to sustain or protect life to stay home.
The measures put in place by
Executive Orders 2020-21 and 2020-42 have been effective: the number of new
confirmed cases each day has started to drop. Although the virus remains
aggressive and persistent—on April 23, 2020, Michigan reported 35,291 confirmed
cases and 2,977 deaths—the strain on our health care system has begun to
relent, even as our testing capacity has increased. We can now start the process
of gradually resuming in-person work and activities that were temporarily
suspended under my prior orders. But in doing so, 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. Accordingly, with this order, I find it reasonable and necessary to
reaffirm the measures set forth in Executive Order 2020‑42, amend
their scope, and extend their duration to May 15, 2020, unless modified
earlier. With this order, Executive Order 2020-42 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. This order must be construed broadly to
prohibit in-person work that is not necessary to sustain or protect life.
2. Subject to the exceptions in section 7 of
this order, all individuals currently living within the State of Michigan are
ordered to stay at home or at their place of residence. Subject to the same
exceptions, all public and private gatherings of any number of people occurring
among persons not part of a single household are prohibited.
3. All individuals who leave their home or place
of residence must adhere to 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.
4. No person or entity shall operate a business
or conduct operations that require workers to leave their homes or places of
residence except to the extent that those workers are necessary to sustain or
protect life, to conduct minimum basic operations, or to perform a resumed
activity within the meaning of this order.
(a) For purposes of this order, workers who are
necessary to sustain or protect life are defined as “critical infrastructure
workers,” as described in sections 8 and 9 of this order.
(b) For purposes of this order, workers who are
necessary to conduct minimum basic operations are those whose in-person
presence is strictly necessary to allow the business or operation to maintain
the value of inventory and equipment, care for animals, ensure security,
process transactions (including payroll and employee benefits), or facilitate
the ability of other workers to work remotely.
Businesses
and operations must determine which of their workers are necessary to conduct
minimum basic operations and inform such workers of that designation.
Businesses and operations must make such designations in writing, whether by
electronic message, public website, or other appropriate means. Workers need
not carry copies of their designations when they leave the home or place of
residence for work.
Any
in-person work necessary to conduct minimum basic operations must be performed
consistently with the social distancing practices and other mitigation measures
described in section 11 of this order.
(c) Workers who perform resumed activities are
defined in section 10 of this order.
5. Businesses and operations that employ critical
infrastructure workers or workers who perform resumed activities may continue
in-person operations, subject to the following conditions:
(a) Consistent with sections 8, 9, and 10 of
this order, businesses and operations must determine which of their workers are
critical infrastructure workers or workers who perform resumed activities and
inform such workers of that designation. Businesses and operations must make
such designations in writing, whether by electronic message, public website, or
other appropriate means. Workers need not carry copies of their designations
when they leave the home or place of residence for work. Businesses and
operations need not designate:
(1) Workers in health care and public health.
(2) Workers who perform necessary government
activities, as described in section 6 of this order.
(3) Workers and volunteers described in section 9(d)
of this order.
(b) In-person activities that are not necessary to
sustain or protect life or to perform a resumed activity must be suspended.
(c) Businesses and operations maintaining
in-person activities must adopt social distancing practices and other
mitigation measures to protect workers and patrons, as described in section 11
of this order. Stores that are open for in-person sales must also adhere to the
rules described in section 12 of this order.
(d) Any business or operation that employs workers
who perform resumed activities under section 10(a) of this order, but that
does not sell necessary supplies, may sell any goods through remote sales via
delivery or at the curbside. Such a business or operation, however, must
otherwise remain closed to the public.
6. All in-person government activities at
whatever level (state, county, or local) that are not necessary to sustain or
protect life, or to support those businesses and operations that are
maintaining in‑person activities under this order, are suspended.
(a) For purposes of this order, necessary
government activities include activities performed by critical infrastructure
workers, including workers in law enforcement, public safety, and first
responders.
(b) Such activities also include, but are not
limited to, public transit, trash pick-up and disposal (including recycling and
composting), activities necessary to manage and oversee elections, operations
necessary to enable transactions that support the work of a business’s or
operation’s critical infrastructure workers, and the maintenance of safe and
sanitary public parks so as to allow for outdoor activity permitted under this
order.
(c) For purposes of this order, necessary
government activities include minimum basic operations, as described in section 4(b)
of this order. Workers performing such activities need not be designated.
(d) Any in-person government activities must be
performed consistently with the social distancing practices and other
mitigation measures to protect workers and patrons described in section 11
of this order.
7. Exceptions.
(a) Individuals may leave their home or place of
residence, and travel as necessary:
(1) To engage in outdoor recreational activity,
consistent with remaining at least six feet from people from outside the
individual’s household. Outdoor recreational activity includes walking, hiking,
running, cycling, boating, golfing, or other similar activity, as well as any
comparable activity for those with limited mobility.
(2) To perform their jobs as critical
infrastructure workers after being so designated by their employers. (Critical
infrastructure workers who need not be designated under section 5(a) of
this order may leave their home for work without being designated.)
(3) To conduct minimum basic operations, as
described in section 4(b) of this order, after being designated to perform
such work by their employers.
(4) To perform resumed activities, as described in
section 10 of this order, after being designated to perform such work by
their employers.
(5) To perform necessary government activities, as
described in section 6 of this order.
(6) To perform tasks that are necessary to their
health and safety, or to the health and safety of their family or household
members (including pets). Individuals may, for example, leave the home or place
of residence to secure medication or to seek medical or dental care that is
necessary to address a medical emergency or to preserve the health and safety
of a household or family member (including in-person procedures or veterinary
services that, in accordance with a duly implemented non-essential procedure or
veterinary services postponement plan, have not been postponed).
(7) To obtain necessary services or supplies for
themselves, their family or household members, their pets, and their motor
vehicles.
(A) Individuals
must secure such services or supplies via delivery to the maximum extent
possible. As needed, however, individuals may leave the home or place of
residence to purchase groceries, take-out food, gasoline, needed medical
supplies, and any other products necessary to maintain the safety, sanitation,
and basic operation of their residences or motor vehicles.
(B) Individuals may also leave the home to pick up
or return a motor vehicle as permitted under section 9(i)
of this order, or to have a motor vehicle or bicycle repaired or maintained.
(C) Individuals should limit, to the maximum extent
that is safe and feasible, the number of household members who leave the home
for any errands.
(8) To pick up non-necessary supplies at the curbside
from a store that must otherwise remain closed to the public.
(9) To care for a family member or a family member’s
pet in another household.
(10) To care for minors, dependents, the elderly,
persons with disabilities, or other vulnerable persons.
(11) To visit an individual under the care of a
health care facility, residential care facility, or congregate care facility,
to the extent otherwise permitted.
(12) To visit a child in out-of-home care, or to
facilitate a visit between a parent and a child in out-of-home care, when there
is agreement between the child placing agency, the parent, and the caregiver
about a safe visitation plan, or when, failing such agreement, the individual
secures an exception from the executive director of the Children’s Services
Agency.
(13) To attend legal proceedings or hearings for
essential or emergency purposes as ordered by a court.
(14)
To work or volunteer for businesses or operations (including both religious and
secular nonprofit organizations) that provide food, shelter, and other
necessities of life for economically disadvantaged or otherwise needy
individuals, individuals who need assistance as a result of this emergency, and
people with disabilities.
(15)
To attend a funeral, provided that no more than 10 people are in attendance.
(16) To attend a meeting of an addiction recovery
mutual aid society, provided that no more than 10 people are in attendance.
(b)
Individuals may also travel:
(1) To return to a home or place of residence from
outside this state.
(2) To leave this state for a home or residence
elsewhere.
(3) Between two residences in this state,
including moving to a new residence.
(4) As required by law enforcement or a court
order, including the transportation of children pursuant to a custody
agreement.
(c) All other travel is prohibited, including all
travel to vacation rentals.
8. For purposes of this order, critical
infrastructure workers are those workers described by the Director of the U.S.
Cybersecurity and Infrastructure Security Agency in his guidance of March 19,
2020 on the COVID-19 response (available here). This order does not adopt any
subsequent guidance document released by this same agency.
Consistent
with the March 19, 2020 guidance document, critical infrastructure workers
include some workers in each of the following sectors:
(a) Health care and public health.
(b) Law enforcement, public safety, and first
responders.
(c) Food and agriculture.
(d) Energy.
(e) Water and wastewater.
(f) Transportation and logistics.
(g) Public works.
(h) Communications and information technology,
including news media.
(i) Other
community-based government operations and essential functions.
(j) Critical manufacturing.
(k) Hazardous materials.
(l) Financial services.
(m) Chemical supply chains and safety.
(n) Defense industrial base.
9. For purposes of this order, critical
infrastructure workers also include:
(a) Child care workers (including workers at
disaster relief child care centers), but only to the extent necessary to serve
the children or dependents of critical infrastructure workers, workers who
conduct minimum basic operations, workers who perform necessary government
activities, or workers who perform resumed activities. This category includes
individuals (whether licensed or not) who have arranged to care for the
children or dependents of such workers.
(b) Workers at suppliers, distribution centers, or
service providers, as described below.
(1) Any suppliers, distribution centers, or
service providers whose continued operation is necessary to enable, support, or
facilitate another business’s or operation’s critical infrastructure work may
designate their workers as critical infrastructure workers, provided that only
those workers whose in-person presence is necessary to enable, support, or
facilitate such work may be so designated.
(2) Any suppliers, distribution centers, or
service providers whose continued operation is necessary to enable, support, or
facilitate the necessary work of suppliers, distribution centers, or service
providers described in subprovision (1) of this subsection may
designate their workers as critical infrastructure workers, provided that only
those workers whose in-person presence is necessary to enable, support, or
facilitate such work may be so designated.
(3) Consistent with the scope of work permitted
under subprovision (2) of this subsection, any
suppliers, distribution centers, or service providers further down the supply
chain whose continued operation is necessary to enable, support, or facilitate
the necessary work of other suppliers, distribution centers, or service
providers may likewise designate their workers as critical infrastructure
workers, provided that only those workers whose in‑person presence is
necessary to enable, support, or facilitate such work may be so designated.
(4) Suppliers, distribution centers, and service
providers that abuse their designation authority under this subsection shall
be subject to sanctions to the fullest extent of the law.
(c) Workers in the insurance industry, but only to
the extent that their work cannot be done by telephone or remotely.
(d) Workers and volunteers for businesses or operations
(including both religious and secular nonprofit organizations) that provide
food, shelter, and other necessities of life for economically disadvantaged or
otherwise needy individuals, individuals who need assistance as a result of
this emergency, and people with disabilities.
(e) Workers who perform critical labor union
functions, including those who administer health and welfare funds and those
who monitor the well-being and safety of union members who are critical
infrastructure workers, provided that any administration or monitoring should
be done by telephone or remotely where possible.
(f) Workers at retail stores who sell groceries,
medical supplies, and products necessary to maintain the safety, sanitation,
and basic operation of residences or motor vehicles, including convenience
stores, pet supply stores, auto supplies and repair stores, hardware and home
maintenance stores, and home appliance retailers.
(g) Workers at laundromats, coin laundries, and
dry cleaners.
(h) Workers at hotels and motels, provided that
the hotels or motels do not offer additional in‑house amenities such as
gyms, pools, spas, dining, entertainment facilities, meeting rooms, or like
facilities.
(i) Workers at motor
vehicle dealerships who are necessary to facilitate remote and electronic sales
or leases, or to deliver motor vehicles to customers, provided that showrooms
remain closed to in-person traffic.
10.
For purposes of this order, workers who perform resumed activities are defined
as follows:
(a) Workers who process or fulfill remote orders
for goods for delivery or curbside pick-up.
(b) Workers who perform bicycle maintenance or
repair.
(c) Workers for garden stores, nurseries, and lawn
care, pest control, and landscaping operations, subject to the enhanced
social-distancing rules described in section 11(h) of this order.
(d) Maintenance workers and groundskeepers who are
necessary to maintain the safety and sanitation of places of outdoor recreation
not otherwise closed under Executive Order 2020-43 or any order that may follow
from it, provided that the places and their workers do not provide goods,
equipment, supplies, or services to individuals, and subject to the enhanced
social-distancing rules described in section 11(h) of this order.
(e) Workers for moving or storage operations,
subject to the enhanced social-distancing rules described in section 11(h)
of this order.
11. Businesses, operations, and government agencies
that remain open for in-person work must adhere to sound social distancing
practices and measures, which include but are not limited to:
(a) Developing 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 and available here. Such plan must be available at company
headquarters or the worksite.
(b) Restricting the number of workers present on
premises to no more than is strictly necessary to perform the in-person work
permitted under this order.
(c) Promoting remote work to the fullest extent
possible.
(d) Keeping workers and patrons who are on
premises at least six feet from one another to the maximum extent possible.
(e) Increasing standards of facility cleaning and disinfection
to limit worker and patron exposure to COVID-19, as well as adopting protocols
to clean and disinfect in the event of a positive COVID-19 case in the
workplace.
(f) Adopting policies to prevent workers from
entering the premises if they display respiratory symptoms or have had contact
with a person with a confirmed diagnosis of COVID-19.
(g) Any other social distancing practices and
mitigation measures recommended by the CDC.
(h) For businesses and operations whose in-person
work is permitted under sections 10(c) through 10(e) of this order, the
following additional measures must also be taken:
(1) Barring gatherings of any size in which people
cannot maintain six feet of distance from one another.
(2) Limiting in-person interaction with clients
and patrons to the maximum extent possible, and barring any such interaction in
which people cannot maintain six feet of distance from one another.
(3) Providing personal protective equipment such
as gloves, goggles, face shields, and face masks as appropriate for the
activity being performed.
(4) Adopting protocols to limit the sharing of
tools and equipment to the maximum extent possible and to ensure frequent and
thorough cleaning of tools, equipment, and frequently touched surfaces.
12. Any store that remains open for in-store sales
under section 9(f) or section 10(c) of this order:
(a) Must establish lines to regulate entry in
accordance with subsection (b) 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.
(b) Must 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.
(2) For 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 like heart
disease, diabetes, and lung disease.
(3) 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.
(c) May continue to sell goods other than
necessary supplies if the sale of such goods is in the ordinary course of
business.
(d) Must consider establishing curbside pick-up to
reduce in-store traffic and mitigate outdoor lines.
13. No one shall rent a short-term vacation
property except as necessary to assist in housing a health care professional
aiding in the response to the COVID-19 pandemic or a volunteer who is aiding
the same.
14. Michigan state parks remain open for day use,
subject to any reductions in services and specific closures that, in the
judgment of the director of the Department of Natural Resources, are necessary
to minimize large gatherings and to prevent the spread of COVID-19.
15. Effective on April 26, 2020 at 11:59 pm:
(a) Any individual able to medically tolerate a
face covering must wear a covering over his or her nose and mouth—such as a
homemade mask, scarf, bandana, or handkerchief—when in any enclosed public
space.
(b) All businesses and operations whose workers
perform in-person work must, at a minimum, provide non-medical grade face
coverings to their workers.
(c) 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.
(d) 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 persons who wear a mask under this order.
16. Nothing in this order should be taken to
supersede another executive order or directive that is in effect, except to the
extent this order imposes more stringent limitations on in-person work, activities,
and interactions. Consistent with prior guidance, neither a place of religious
worship nor its owner is subject to penalty under section 20 of this order
for allowing religious worship at such place. No individual is subject to
penalty under section 20 of this order for violating section 15(a) of
this order.
17. 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.
18. This order takes effect immediately, unless
otherwise specified in this order, and continues through May 15, 2020 at 11:59
pm. Executive Order 2020-42 is rescinded. All references to that order in other
executive orders, agency rules, letters of understanding, or other legal
authorities shall be taken to refer to this order.
19. I will evaluate the continuing need for this
order prior to its expiration. In determining whether to maintain, intensify,
or relax its restrictions, 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.
20. 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: April 24, 2020
Time: 11:00 am
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
March
20, 2020
Received from the Auditor General
a copy of the:
· Performance
audit report on the Michigan Integrated Tax Administration System (MIITAS), Department of Treasury and Department of
Technology, Management, and Budget (271-0595-19), March 2020.
Gary
L. Randall
Clerk
of the House
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been
reproduced and made available electronically on Thursday, April 16:
House Bill Nos. 5704 5705 5706 5707 5708 5709 5710 5711 5712 5713
Senate Bill Nos. 854 855 856 857 858 859 860
______
Rep. Wakeman moved that the House adjourn.
The motion prevailed, the time being 12:20 p.m.
The Speaker
declared the House adjourned until Thursday, April 30, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of
Representatives