STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2020
House Chamber, Lansing, Thursday, April 30, 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—excused 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—present Sheppard—present
Bolden—present 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—present
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.—present Hertel—present Manoogian—present Wakeman—present
Carter, T.—present Hoadley—present Marino—present Warren—present
Chatfield—present Hoitenga—present Markkanen—present Webber—present
Cherry—present Hood—present Meerman—present Wendzel—present
Chirkun—present Hope—present 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.—present Peterson—present Yancey—excused
Ellison—present Johnson,
S.—present Pohutsky—present Yaroch—present
Farrington—present
e/d/s = entered during session
Speaker Lee Chatfield, from the 107th
District, offered the following invocation:
“Heavenly Father, we thank You for
another day You have given us to come into this chamber and serve You. Lord, we
come before You today humbly seeking Your wisdom, counsel and advice.
Lord, we are looking for direction as
we struggle through this current situation that we find ourselves in here in
the state of Michigan and in our country.
I pray that You would put Your hand of
protection over our president, the governors across the entire country and this
legislative body.
I pray that You would bless our
deliberations today. I pray that everything we say and do, would bring You honor
and glory. We pray all these things in the name of Your son, Jesus Christ,
Amen.”
______
Rep.
Cole moved that Reps. Byrd, Clemente, Garrett, Gay-Dagnogo, Jones, Liberati,
Pagan, Wittenberg and Yancey be excused from today’s session.
The motion
prevailed.
Motions and Resolutions
Rep. Cole moved that Rule 42 be suspended.
The
motion prevailed, 3/5 of the members present voting therefor.
Rep. Cole moved that the Committee on Government Operations be
discharged from further consideration of House
Bill No. 5709.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Cole moved that Rule 42 be suspended.
The
motion prevailed, 3/5 of the members present voting therefor.
Rep. Cole moved that the Committee on Government Operations be
discharged from further consideration of Senate
Bill No. 858.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Second
Reading of Bills
House Bill No. 5709, entitled
A bill
to amend 1976 PA 390, entitled “Emergency management act,” by amending section
5 (MCL 30.405), as amended by 2006 PA 545.
The
bill was read a second time.
Rep. Sheppard moved to amend the bill as
follows:
1. Amend page 3, line 6, after “is”
by striking out the balance of the line through the first “or” on line 7 and
inserting “responsible for a”.
2. Amend page 3, line 7, after “infraction”
by striking out “where” and inserting “even if”.
3. Amend page 3, line 11, after “more”
by striking out “that $250.00” and
inserting “than $100.00”.
4. Amend page 3, line 13, after “than”
by striking out “$5,000.00” and
inserting “$500.00”.
Rep.
Sheppard moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
House Bill No. 5709, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by
amending section 5 (MCL 30.405), as amended by 2006 PA 545.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 192 Yeas—62
Afendoulis Frederick LaGrand Schroeder
Albert Glenn Leutheuser Sheppard
Alexander Green Lightner Slagh
Allor Griffin Lilly VanSingel
Bellino Hall Lower VanWoerkom
Berman Hauck Maddock Vaupel
Bollin Hernandez Marino Wakeman
Brann Hoitenga Markkanen Webber
Calley Hornberger Meerman Wendzel
Chatfield Howell Miller Wentworth
Cole Huizenga Mueller Whiteford
Coleman Iden O’Malley Whitsett
Crawford Inman Paquette Witwer
Eisen Johnson,
S. Reilly Wozniak
Farrington Kahle Rendon Yaroch
Filler LaFave
Nays—38
Anthony Ellison Johnson, C. Pohutsky
Bolden Garza Kennedy Rabhi
Brixie Greig Koleszar Sabo
Cambensy Guerra Kuppa Shannon
Camilleri Haadsma Lasinski Sneller
Carter, B. Hammoud Love Sowerby
Carter, T. Hertel Manoogian Stone
Cherry Hoadley Neeley, C. Tate
Chirkun Hood Peterson Warren
Elder Hope
In The
Chair: Chatfield
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second
Reading of Bills
Senate Bill No. 858, entitled
A bill
to amend 1976 PA 390, entitled “Emergency management act,” by amending section
3 (MCL 30.403), as amended by 2002 PA 132.
The
bill was read a second time.
Rep.
Sheppard moved to substitute (H-1) the bill.
Rep.
Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
Senate Bill No. 858, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by
amending section 3 (MCL 30.403), as amended by 2002 PA 132.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 193 Yeas—59
Afendoulis Frederick LaFave Schroeder
Albert Glenn Leutheuser Sheppard
Alexander Green Lightner Slagh
Allor Griffin Lilly VanSingel
Bellino Hall Lower VanWoerkom
Berman Hauck Maddock Vaupel
Bollin Hernandez Marino Wakeman
Brann Hoitenga Markkanen Webber
Calley Hornberger Meerman Wendzel
Chatfield Howell Miller Wentworth
Cole Huizenga Mueller Whiteford
Crawford Iden O’Malley Whitsett
Eisen Inman Paquette Wozniak
Farrington Johnson,
S. Reilly Yaroch
Filler Kahle Rendon
Nays—41
Anthony Ellison Johnson, C. Pohutsky
Bolden Garza Kennedy Rabhi
Brixie Greig Koleszar Sabo
Cambensy Guerra Kuppa Shannon
Camilleri Haadsma LaGrand Sneller
Carter, B. Hammoud Lasinski Sowerby
Carter, T. Hertel Love Stone
Cherry Hoadley Manoogian Tate
Chirkun Hood Neeley, C. Warren
Coleman Hope Peterson Witwer
Elder
In The
Chair: Chatfield
Pursuant to
Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for planning, mitigation, response, and recovery from
natural and human-made disaster within and outside this state; to create the
Michigan emergency management advisory council and prescribe its powers and
duties; to prescribe the powers and duties of certain state and local agencies
and officials; to prescribe immunities and liabilities; to provide for the
acceptance of gifts; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Motions
and Resolutions
By
unanimous consent the House considered House Resolution No. 250 out of
numerical order.
Rep. Hernandez offered the following resolution:
House Resolution No. 250.
A
resolution authorizing the Speaker of the House to commence legal action on behalf
of the House of Representatives challenging the Governor’s authority and
actions during the COVID-19 pandemic.
Whereas, On March 10, 2020,
Governor Whitmer issued Executive Order 2020-4 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 2020-4
and expanded the initial March 10, 2020, order to include a state of disaster
related to the COVID-19 pandemic; and
Whereas, On April 7, 2020, the
Legislature adopted Senate Concurrent Resolution No. 24 of 2020 to extend the
state of emergency and state of disaster declared by Governor Whitmer in
Executive Order 2020-4 and Executive Order 2020-33 through April 30, 2020; and
Whereas, Without an additional
legislative extension, Governor Whitmer has a statutory obligation, pursuant to
MCL 30.403, to “issue an executive order or proclamation declaring” the states
of emergency and disaster terminated on May 1, 2020; and
Whereas, Any attempt by Governor
Whitmer to unilaterally extend the states of emergency and disaster past April
30, 2020, without legislative approval would be contrary to both law and
Michigan’s constitutional system; and
Whereas, Members of the Michigan
House of Representatives must defend the Legislature’s role as the sole
lawmaking body and as a co-equal branch of government in Michigan’s
constitutional system; now, therefore, be it
Resolved by the House of
Representatives, That the Speaker of the House, in his official capacity, is
authorized to commence legal action on behalf of the House of Representatives,
challenging the authority and actions of the Governor, and the executive branch
generally, taken during the COVID-19 pandemic and take all necessary steps
incidental thereto, including, but not limited to, pursuing or defending any
appeals.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The
Speaker called the Speaker Pro Tempore to the Chair.
Reps. Cherry, Sneller, Chirkun, Manoogian, Kennedy, Sowerby, Hood,
Warren, Lasinski, Sabo, Brixie, Hoadley, Koleszar, Bolden, Pohutsky, Stone,
Ellison, Hertel, Cambensy, Peterson, Kuppa, Elder, Haadsma, Garrett, Yancey,
Cynthia Johnson, Coleman, Witwer, Shannon, Tyrone Carter, Tate, Garza, Hammoud,
Guerra, Anthony, Camilleri, Rabhi, Greig and Love offered the following
resolution:
House Resolution No. 248.
A
resolution to urge the United States Senate to pass the Families First
Coronavirus Response Act.
Whereas, The spread of
coronavirus disease 2019 (COVID-19), also commonly referred to as the novel
coronavirus, has resulted in a global pandemic spreading across 146 countries
and other locations. In the most serious cases, this respiratory disease can cause
pneumonia in both lungs, and the disease seems to have a higher mortality rate
than the flu. Across the world, there are at least 164,837 confirmed cases, and
at least 6,470 deaths have been reported to date; and
Whereas, The President of the
United States declared a national emergency in response to the coronavirus
outbreak, and the U.S. Secretary of Health and Human Services declared a public
health emergency. Cases have been reported in nearly every U.S. state and
territory, and at least 3,602 confirmed cases and 66 deaths have been reported
across the country. The number of cases continues to grow every day; and
Whereas, The coronavirus outbreak
has been devastating to the U.S. economy. Businesses and families are doing the
right thing and practicing “social distancing “
but with devastating consequences for our nation’s service industries. Not only
has consumer spending dropped precipitously, but the outbreak has caused
significant turmoil in U.S. financial markets; and
Whereas, The United States House
of Representatives overwhelmingly passed the Families First Coronavirus
Response Act (H.R. 6201) to provide emergency economic relief for the American
people during the coronavirus outbreak. The legislation would provide for paid
sick leave, tax credits for small- and medium-sized businesses, and free
coronavirus testing, among other measures; and
Whereas, Passing the Families
First Coronavirus Response Act would protect the most vulnerable American
families and benefit the entire country by implementing measures that bolster
the economy and prevent the spread of the disease; now, therefore, be it
Resolved by the House of
Representatives, That we urge the United States Senate to pass the Families
First Coronavirus Response Act; and be it further
Resolved, That copies of this
resolution be transmitted to the President of the United States Senate and the
Michigan congressional delegation.
The resolution was referred to the Committee on Government Operations.
Reps. Love and Kuppa offered the following resolution:
House Resolution No. 249.
A resolution to urge businesses
that interact with the public to adopt a “no gloves and/or no mask, no services”
policy during the COVID-19 pandemic.
Whereas, SARS-CoV-2, the virus
that causes coronavirus disease 2019 (COVID-19), can stay viable in aerosols
and on surfaces between several hours and several days. Because the virus is
viable for up to 72 hours on plastics and stainless steel, nearly 24 hours
on cardboard, and nearly 4 hours on copper, business owners must encourage
healthy hygiene habits and other protective measures to minimize the spread of
the virus and keep the customers who patronize their establishments safe; and
Whereas, The novel coronavirus
has spread across almost the entire world over the past three months, infecting
more than 2.5 million people. The virus has continued to spread and has
infected more than 800,000 people in the United States and killed more
than 44,000. The proliferation of the virus has given rise to a significant
number of confirmed cases of COVID-19 in Michigan, heavily impacting areas such
as Detroit and Oakland County. Therefore, companies must play a part in
reducing and retarding the growth of the virus in Michigan by not risking human
lives more than necessary; and
Whereas, The virus is detectable
in aerosols for at least three hours and is spread by clinging to small
droplets of moisture from the upper respiratory system, which are expelled when
people cough, sneeze, and talk. Small droplets emitted from the mouth and nose
may travel much farther than 6 feet, depending on the ventilation in the room.
People spending time together in close proximity may be exposed to these small
droplets, and for many people, their greatest contact with others may occur
when transacting business; and
Whereas, Business owners have an
obligation to protect their customers from illness and limit their own legal
liability. The U.S. Chamber of Commerce claims that a wave of personal injury
cases related to COVID-19 could bankrupt businesses. Businesses that are open
during the pandemic face the risk of lawsuits for negligence due to a lack of
reasonable precautions; and
Whereas, There are many things
that businesses can do to limit litigation and ensure a greater degree of
safety for customers. Measures, such as social distancing and testing, are
already being used to combat the virus. However, in light of the new
developments about how the virus spreads, the use of other preventative
techniques to save lives must be employed by these establishments. For the
general public, reasonable precautions like the use of a cloth face cover,
which captures droplets and prevents them from being spread into the
environment, is recommended by the White House Task Force and the Centers for
Disease Control and Prevention to prevent the transmission of the virus from an
infected person; and
Whereas, Businesses in Michigan
should follow the lead of those in other states, such as Pennsylvania,
California, Rhode Island, and some parts of Texas, that have adopted policies
requiring the use of masks and/or gloves in order to receive service. Such a
requirement will help slow the spread of the virus and limit the potential
liability businesses face at a time when the economy is already struggling;
now, therefore, be it
Resolved by the House of
Representatives, That we urge businesses that interact with the public to adopt
a “no gloves and/or no mask, no services” policy during the COVID-19 pandemic;
and be it further
Resolved, That copies of this
resolution be transmitted to the Michigan Chamber of Commerce.
The resolution was referred to the Committee on Government Operations.
House Concurrent Resolution No.
21.
A concurrent resolution to urge
the United States Senate to pass the Families First Coronavirus Response Act.
Whereas, The spread of
coronavirus disease 2019 (COVID-19), also commonly referred to as the novel
coronavirus, has resulted in a global pandemic spreading across 146 countries
and other locations. In the most serious cases, this respiratory disease can
cause pneumonia in both lungs, and the disease seems to have a higher mortality
rate than the flu. Across the world, there are at least 164,837 confirmed
cases, and at least 6,470 deaths have been reported to date; and
Whereas, The President of the
United States declared a national emergency in response to the coronavirus
outbreak, and the U.S. Secretary of Health and Human Services declared a public
health emergency. Cases have been reported in nearly every U.S. state and
territory, and at least 3,602 confirmed cases and 66 deaths have been reported
across the country. The number of cases continues to grow every day; and
Whereas, The coronavirus outbreak
has been devastating to the U.S. economy. Businesses and families are doing the
right thing and practicing “social distancing “
but with devastating consequences for our nation’s service industries. Not only
has consumer spending dropped precipitously, but the outbreak has caused
significant turmoil in U.S. financial markets; and
Whereas, The United States House
of Representatives overwhelmingly passed the Families First Coronavirus
Response Act (H.R. 6201) to provide emergency economic relief for the American
people during the coronavirus outbreak. The legislation would provide for paid
sick leave, tax credits for small- and medium-sized businesses, and free
coronavirus testing, among other measures; and
Whereas, Passing the Families
First Coronavirus Response Act would protect the most vulnerable American
families and benefit the entire country by implementing measures that bolster
the economy and prevent the spread of the disease; now, therefore, be it
Resolved by the House of Representatives
(the Senate concurring), That we urge the United States Senate to pass the
Families First Coronavirus Response Act; and be it further
Resolved, That copies of this
resolution be transmitted to the President of the United States Senate and the
Michigan congressional delegation.
The concurrent resolution was referred to the Committee on Government
Operations.
Reps. Hornberger, Steven Johnson, Reilly, Hoitenga, Eisen, Griffin,
Meerman, Rendon, Allor, Paquette and Maddock offered the following concurrent
resolution:
House Concurrent Resolution No.
22.
A
concurrent resolution to demand that the Governor compile and make publicly
available certain data, to reject an extension of the state of emergency or
disaster, and to encourage the people of Michigan to continue to practice safe
social distancing.
Whereas,
Under the Emergency Management Act, 1976 PA 390, the Governor may declare a
state of disaster and a state of emergency for the reasons specified therein;
and
Whereas,
A state of disaster or state of emergency declared under the Emergency
Management Act continues until the Governor finds that the threat or danger has
passed, the disaster or emergency has been dealt with to the extent that
disaster or emergency conditions no longer exist, or until the declared state
of disaster or emergency has been in effect for 28 days; and
Whereas,
After 28 days, the Governor shall issue an executive order or proclamation
declaring the state of disaster or emergency terminated, unless a request by
the Governor for an extension of the state of disaster or emergency for a
specific number of days is approved by resolution of both houses of the
Legislature; and
Whereas,
An executive order or proclamation declaring the state of disaster or emergency
shall indicate the area or areas threatened, the conditions causing the
emergency, and the conditions permitting the termination of the state of
emergency; and
Whereas,
On March 10, 2020, Governor Whitmer issued Executive Order 2020-4 declaring a
state of emergency across the entire 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 2020-4 and expand the initial March 10, 2020, declaration
to include a state of disaster related to the COVID‑19 pandemic through
April 30, 2020; and
Whereas,
Executive Order 2020-33 states that the state of emergency and the state of
disaster will terminate when emergency and disaster conditions no longer exist
and appropriate programs have been implemented to recover from any effects of
the statewide emergency and disaster, consistent with the legal authorities
upon which the declaration is based and any limits imposed by those
authorities, including Section 3 of the Emergency Management Act, 1976 PA 390,
MCL 30.403; and
Whereas,
On April 1, 2020, Governor Whitmer requested that the Legislature pass a
concurrent resolution extending the state of emergency and state of disaster
statewide across Michigan through April 30, 2020; and
Whereas,
On April 7, 2020, the Legislature passed Senate Concurrent Resolution No. 24
authorizing Executive Order 2020-33 through April 30, 2020; and
Whereas,
Governor Whitmer issued Executive Order 2020-42 to replace Executive Order
2020-21, effective April 9, 2020, and extend the suspension of certain
activities across the entire state of Michigan through April 30, 2020; and
Whereas,
On April 24, 2020, Governor Whitmer issued Executive Order 2020-59 to replace
Executive Order 2020-42 and suspend certain activities across the entire state
of Michigan through May 15, 2020; and
Whereas,
The duration of Executive Order 2020-59 through May 15, 2020, extends beyond
the April 30, 2020, duration of Executive Order 2020-33; and
Whereas,
Governor Whitmer did not provide scientific data to justify the state of
emergency being declared equally across all 83 counties of the state of
Michigan or to demonstrate that the statewide suspension of certain activities
under Executive Order 2020-42 and Executive Order 2020-59 were necessary,
reasonable, and not creating undue hardships; and
Whereas,
Suspension of activities under Executive Order 2020-42 and Executive Order
2020-59 placed arbitrary and inconsistent restrictions, without reasonable
scientific justification, on particular activities of a person, sometimes
resulting in oppressive consequences, regardless of a person’s efforts to
implement national guidelines for safe social distancing that combat the spread
of COVID-19 and without considering if a person has recovered from COVID-19;
and
Whereas,
Executive Order 2020-42 and Executive Order 2020-59, placed arbitrary and
inconsistent restrictions, without reasonable scientific justification, on some
businesses but not on others, regardless of efforts by a business to implement
national guidelines for safe social distancing that can combat the spread of
COVID-19; and
Whereas,
Executive Order 2020-42 and Executive Order 2020-59 placed arbitrary and
inconsistent restrictions, without reasonable scientific justification, on
individual’s rights to associate, assemble, worship, and travel, including but
not limited to the ability of a person to assemble for worship or see family
members outside of a person’s household, regardless of efforts taken to
implement national guidelines for safe social distancing that can combat the
spread of COVID-19 and without considering if a person has recovered from
COVID-19; and
Whereas,
COVID-19 has impacted population groups differently, with some high-risk
persons who are older or have underlying health conditions being more
vulnerable and other low-risk persons able to safely participate in activities
by following national guidelines for safe social distancing or if they have
recovered from COVID-19; and
Whereas, COVID-19 has impacted
areas and regions of the state differently with some counties being able to
effectively contain the spread of COVID-19 by following national guidelines for
safe social distancing; now, therefore, be it
Resolved by the House of
Representatives (the Senate concurring), That we demand that the Governor
compile and make available within three days from the date of this concurrent
resolution, in a manner easily accessible by the public, detailed data,
summarized by county, on:
·
The daily number of available hospital
related beds occupied by all patients since January 1, 2020, segregated by
in-patient beds, negative air flow beds, and intensive care unit (ICU) beds.
·
The daily number of available
hospital-related beds occupied by verified COVID‑19 patients since January
1, 2020, segregated by in-patient beds, negative air flow beds, and ICU beds.
·
The daily number of emergency room
visits in total and the daily number of emergency room visits by patients
testing positive for COVID-19 since January 1, 2020.
·
The daily number of verified COVID-19
hospitalizations and verified COVID-19 deaths that are related to retirement or
nursing homes since January 1, 2020.
·
The daily number of verified COVID-19
hospitalizations and verified COVID-19 deaths of individuals, who have had other
pre-existing or underlying health conditions, since January 1, 2020, with a
segregation of those health conditions and a breakout of verified COVID-19
hospitalizations and verified COVID-19 deaths by age, gender, and race.
·
The daily number of ventilators
available and daily inventories of hospital personal protective equipment since
April 9, 2020.
·
The number of medical professionals who
have been furloughed, had work hours reduced, or received a cut in pay since
March 10, 2020.
; and be it further
Resolved, That we demand that all
data related to emergency room visits, hospitalizations, and deaths related to
COVID-19 patients be verified and confirmed to be COVID-19 positive patients,
and the date of emergency visit, hospitalization, or death be recorded as the
actual date of occurrence, not the date of any data adjustments being made
subsequently; and be it further
Resolved, That we encourage the
people of Michigan to continue to follow national guidelines for safe social
distancing; and be it further
Resolved, That we reject an
extension of the state of emergency and state of disaster declared by Governor Whitmer
in Executive Order 2020-33 that is in effect through April 30, 2020; and be it
further
Resolved, That copies of this
resolution be transmitted to the Governor.
The concurrent resolution was referred to the Committee on Government
Operations.
Rep. Cole moved that when the
House adjourns today it stand adjourned until Tuesday, May 5, at 12:00 Noon.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and
made available electronically on Wednesday, April 29:
Senate Bill Nos. 898 899
Messages from the Governor
The following message from the Governor
was received April 29, 2020 and read:
EXECUTIVE
ORDER
No.
2020-64
Affirming
anti-discrimination policies and requiring certain health care providers to
develop equitable access to care protocols
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 measures put in place by my
executive orders have been effective in slowing the spread of COVID‑19,
but this virus is both aggressive and persistent: as of April 28, 2020, Michigan
has reported 39,262 confirmed cases of COVID-19 and 3,567 deaths from it.
Despite our efforts, the virus has the potential to overwhelm health care
system capacity and require providers to make challenging decisions regarding
how care is delivered.
Michigan has one of the finest health
care systems in the country, and our medical professionals are performing
heroically under trying circumstances. Our hospitals already consult with
medical ethicists to make decisions that respect civil rights and uphold the
essential duties of medicine in moments when demand for critical medical
resources exceeds supply. Nevertheless, the unprecedented challenges posed by
this pandemic have created a heightened need for clear, transparent protocols
based on a common understanding of core values, including equitable access to
care. I therefore find it reasonable and necessary to affirm
anti-discrimination policies and establish procedures that ensure the equitable
allocation of medical resources.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. It is the public policy of this state that no
person should be denied medical care on the basis of stereotypes, assessments
of quality of life, or judgments about a person’s relative “worth,” including
judgments about a person’s worth based on the presence or absence of
disabilities.
2. Health care providers shall take all necessary
steps to ensure non-discrimination based on the characteristics described in
section 4(a) in the delivery of critical care and allocation of other medical
resources to those in need of treatment for physical and psychiatric illnesses.
3. Health care providers shall continue to
support individuals’ functional needs to the fullest extent possible. For
purposes of this order, “functional needs” includes the needs for independence,
communication, transportation, supervision, and medical care. When effective
communication requires that a sign language interpreter be present, a sign
language interpreter must be permitted to be present, and provided with
appropriate PPE.
4. Designated health care facilities shall
develop protocols that guide decision-making for medical care in cases where
demand for critical medical resources exceeds availability, during the COVID‑19
pandemic. Such protocols must enable clinical decision-making based on the best
available objective medical evidence, including an individualized assessment of
how each patient will respond to treatment. These protocols must also:
(a) Prohibit medical decision-making based on
social stigma or stereotypes regarding age, color, criminal history,
disability, ethnicity, familial status, gender identity, height, homelessness,
immigration status, incarceration status, marital status, mental illness,
national origin, poverty, race, religion, sex, sexual orientation,
socio-economic status, substance abuse disorder, use of government resources,
veteran status, or weight.
(b) Provide for coordinating and sharing
information with DHHS regarding resource availability and transfer
availability.
(c) Ensure that withholding or delaying care due
to lack of critical resources is always a last resort.
(d) Require the protocols to be available upon
request, and, whenever the protocols are in effect, posted on the internet.
5. For purposes of this order, a “designated
health care facility” means a hospital or an entity used as surge capacity by
one or more hospitals.
6. DHHS may issue orders and directives to
implement this order.
7. This order is effective immediately and
continues until the end of the declared states of emergency and disaster.
Given under my hand and the Great Seal
of the State of Michigan.
Date: April
29, 2020
Time: 5:00
pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the Clerk.
House Bill No. 5743, entitled
A bill to amend 1969 PA 317, entitled “Worker’s
disability compensation act of 1969,” by amending section 405 (MCL 418.405), as
amended by 2014 PA 515.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 5744, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by
amending section 705 (MCL 206.705), as amended by 2011 PA 192.
The bill was read a first time by its title and referred to the
Committee on Tax Policy.
House Bill No. 5745, entitled
A bill to amend 1979 PA 94, entitled “The
state school aid act of 1979,” (MCL 388.1601 to 388.1897l) by adding section
265f.
The bill was read a first time by its title
and referred to the Committee on Education.
House Bill No. 5746, entitled
A bill to create the emergency materials and
supplies reserve program; to provide for certain materials and supplies to be
stockpiled for use during a declaration of a state of disaster or state of
emergency within this state; to prescribe duties and responsibilities of
certain state departments; to require the promulgation of rules; and to create
a fund.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
House Bill No. 5747, entitled
A bill to make, supplement, and adjust
appropriations for various state departments and agencies for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
House Bill No. 5748, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending sections 555, 821, 822, and 8202 (MCL
600.555, 600.821, 600.822, and 600.8202), sections 555 and 8202 as amended by
2016 PA 31, section 821 as amended by 2018 PA 6, and section 822 as amended by
2003 PA 40.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Berman, Meerman, Mueller, Coleman and
Markkanen introduced
House Bill No. 5749, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2020 PA
65.
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
House Bill No. 5750, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 78g (MCL 211.78g), as amended by
2020 PA 33, and 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. 5751, entitled
A bill to amend 1976 PA 390, entitled “Emergency
management act,” by amending section 11 (MCL 30.411), as amended by 2005 PA
321.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Tyrone Carter and Cynthia Johnson
introduced
House Bill No. 5752, entitled
A bill to amend 1939 PA 3, entitled “An act to
provide for the regulation and control of public and certain private utilities
and other services affected with a public interest within this state; to provide
for alternative energy suppliers; to provide for licensing; to include
municipally owned utilities and other providers of energy under certain
provisions of this act; to create a public service commission and to prescribe
and define its powers and duties; to abolish the Michigan public utilities
commission and to confer the powers and duties vested by law on the public
service commission; to provide for the powers and duties of certain state
governmental officers and entities; to provide for the continuance, transfer,
and completion of certain matters and proceedings; to abolish automatic
adjustment clauses; to prohibit certain rate increases without notice and
hearing; to qualify residential energy conservation programs permitted under
state law for certain federal exemption; to create a fund; to encourage the
utilization of resource recovery facilities; to prohibit certain acts and
practices of providers of energy; to allow for the securitization of stranded
costs; to reduce rates; to provide for appeals; to provide appropriations; to
declare the effect and purpose of this act; to prescribe remedies and
penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by
adding section 9e.
The bill was read a first time by its title
and referred to the Committee on Energy.
Reps. Tyrone Carter and Cynthia Johnson
introduced
House Bill No. 5753, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 5111 (MCL 333.5111), as amended by 2016 PA
64, and by adding section 5111a.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
Reps. Cynthia Johnson and Tyrone Carter
introduced
House Bill No. 5754, entitled
A bill to make, supplement, and adjust
appropriations for various state departments and agencies for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
The bill was read a first time by its title
and referred to the Committee on Appropriations.
House Bill No. 5755, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” (MCL 257.1 to 257.923) by adding section 307c.
The bill was read a first time by its title
and referred to the Committee on Transportation.
House Bill No. 5756, 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,” (MCL 28.291 to 28.300) by
adding section 2a.
The bill was read a first time by its title
and referred to the Committee on Transportation.
House Bill No. 5757, entitled
A bill to amend 2008 PA 23, entitled “Enhanced
driver license and enhanced official state personal identification card act,”
(MCL 28.301 to 28.308) by adding section 5a.
The bill was read a first time by its title
and referred to the Committee on Transportation.
House Bill No. 5758, entitled
A bill to amend 1969 PA 317, entitled “Worker’s
disability compensation act of 1969,” by amending section 405 (MCL 418.405), as
amended by 2014 PA 515.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Reps. Cynthia Neeley, Kennedy, Cherry and Love
introduced
House Bill No. 5759, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” (MCL 206.1 to 206.713) by adding section 280.
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
Reps. Cynthia Neeley, Cherry and Love
introduced
House Bill No. 5760, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” (MCL 400.1 to 400.119b) by adding section 57aa.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
Rep. Lower introduced
House Bill No. 5761, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” (MCL 211.1 to 211.155) by adding sections 44e and
78t.
The bill was read a first time by its title
and referred to the Committee on Local Government and Municipal Finance.
______
Rep. Webber moved that the House adjourn.
The motion prevailed, the time being 2:15 p.m.
The
Speaker Pro Tempore declared the House adjourned until Tuesday, May 5, at 12:00
Noon.
GARY L. RANDALL
Clerk of the House of
Representatives